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HomeMy WebLinkAbout1997 Ordinance No. 074\ I J • • 10 bi ~1-17 ORDINANCE NO . J!j- SERIES OF 1997 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Cindermak is the owner of certain property commonly known as the Cinderella City Shopping Center; and WHEREAS , Cindermak desires to transfer and convey to the City of Englewood such property; and WHEREAS, the City agrees to accept title to the property after certain conditions are met; and WHEREAS, the property transfer agreement was amended after first reading and a new property transfer agreement is attached; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : S ection 1. The Property Transfer Agreement between Cindermak Associates and the City of Englewood with respect to the Cinderella City property is attached hereto as "Exhibit A," is hereby accepted and approv e d by the Englew ood City Council. Sect ion 2 . The Mayor is authorized to execute and the City Clerk to atte st and seal the Agreement for and on behalf of the City of Englewood, Colorado. S ection 3 . The City Manager shall be authorized to sign closing documents and make any designation under the agreement as necessary . Introduced, read in full , and passed on first reading on the 19th day of May, 1997 . Published as a Bill for an Ordinance on the 22nd day of May, 1997 . Amended, reintroduced , read in full, and passed as amended on the 18th day of August, 1997 . -1- Published as amended as a Bill for an Ordinance on the 21st day of August, 1997. Read by title and passed on final reading on the 2nd day of September, 1997 . Published by title as Ordinance No. 7!L, Series of 1997 , on the 4th day of September, 1997. I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. 7!J_, Series of 1997. ~L~ -2- I \ . • • I ,• • • • ', ... PROPERTY TRANSFER AGREEMENT THIS AGREEMENT dated August , 1997, is between CINDERMAK ASSOCIATES, a joint venture ("Cindermak") I and the CITY OF ENGLEWOOD, a Home Rule Municipal Corporation ("City"). RECITALS A. Cindermak owns certain land, improvements and tangible and intangible personal property, which is part of the Cinderella City Shopping Center (the "Shopping Center") located in the City of Englewood, County of Arapahoe, State of Colorado, which is further described and defined as the "Property" in Section 1 of this Agreement. B. Cindermak desires to transfer and City desires to receive the Property, upon the terms and provisions of this Agree- ment. COVENANTS IN CONSIDERATION of the foregoing and the mutual agreements herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION l -PROPERTY TRANSFER 1.1 Transfer. Subject to the terms and conditions of this Agreement, Cindermak agrees to transfer and convey and City agrees to accept title to the following described property (all of which is hereinafter collectively referred to as the "Property"): (a) The land described in Exhibit 1. 1-A hereto together with all rights and all appurtenances to or used in connection therewith (the "Land"), including without limitation, the following, if any, to the extent owned by· Cindermak: all minerals, oil, gas and other hydrocarbon substances on and under the Land, as well as all development rights, rights of Cindermak as a Declarant under any declaration, covenant or similar instrument, air rights, water, water rights and water stock relating to the Land, any rights to any land lying in the bed of any existing dedicated street, road or alley adjoining the Land and to all strips and gores adjoining the Land, and any other easements, rights-of-way or appurtenances used in connection with the beneficial use and enjoyment of the Land; notwithstanding anything herein, the Property does not include the land described in Exhibit 1.1-B hereto or any appurtenances thereto; (b) All improvements located on, appurtenant to or used in connection with the Land (the "Improvements"); (c) All furniture, fixtures, equipment, machinery, tools, supplies and other tangible personal property and all leases of tangible personal property, owned by Cindermak and used in connection with the ownership, management or operation of the Land or the Improvements and Cindermak's right, title and interest in and to the trademark or tradename of "Cinderella City" and any other trademark or tradename used by Cindermak in connection with the Land and the Improvements (the "Personal Property"); and (d) All books, records, files, reports, plans and specifications and soil tests relating to the Land or Improvements, in the possession or under the control of Cindermak (the "Reports") . •, • 1.2 Releases. Subject to the terms and conditions of this Agreement, in consideration of the transfer of the Property from Cindermak to City and the Environmental Remediation to be carried out by Cindermak, at the Closing City shall release Cindermak and its partners f rom their obligations under the Deed and Agreement, dated November 3, 1968 (the "Parking Agreement"), recorded on April 14, 1969, as Reception No. 1138496 in Book 1807 at Page 713 of the records of the Clerk and Recorder of the County of Arapahoe, State of Colorado, as amended April 1, 1983. Except for claims resulting from claims by third parties or claims arising • under this Agreement which survive the Closing, at the Closing Cindermak and City shall simultaneously release each other from any other claims either party (including any partners of Cindermak) may now or hereafter have against the other, known or unknown, contingent or otherwise, relating to the Property. City hereby confirms its agreement to forbear from enforcing the Parking Agreement as set forth in Ci ty's letter agreement dated March 3, 1994. SECTION 2 -DOCUMENTS TO BE DELIVERED TO CITY 2. 1 Documents to be Delivered to City. Within three ( 3) days after the Effective Date, Cindermak shall deliver to City the following items relating to the Property: (a) A title insurance commitment ("Cammi tment") issued by Chicago Title of Colorado, Inc., as agent for Chicago Title Insurance Company showing the status of record title to the Land and Improvements, along with legible copies of all recorded documents ref erred to in the Cammi tment. The Cammi tment shall commit to insure title to the Land in the City in the amount of $6,000,000.00 under an Owner's Policy, ALTA Form B 1992 with the creditor 's rights provision deleted (the "Owner's Policy") with the standard printed exceptions contained in such form deleted, 2 • I " • • • however, the Commitment and Owner's Policy, when issued, may make exceptions for any rights to assert a mechanic's lien resulting from any work done or contracted for by parties other than Cindermak or its agents; and the exception for taxes shall be limited to current year taxes not due or payable. The exceptions (other than preprinted exceptions) shown on Schedule B-2 of the Commitment, subject to approval pursuant to Section 5.l(a) hereof, and the Wards Lease, Renzios Lease and Western Federal Lease ref erred to below, are ref erred to below as the "Fermi tted Exceptions". The parties acknowledge that City, at its option and cost, may furnish the title insurance company with a current survey, and if City elects not to provide a survey, the Commitment and Owner's Policy may also include the printed exceptions relating to matters which an accurate survey would disclose or easements or claims thereof not shown by the public records; however, if the City furnishes a current survey and the survey discloses adverse matters which preclude the title company from deleting said printed survey and easement exceptions or deleting such exception but taking exception to adverse matters shown on the survey, City shall have the right to object as provided in Section 5.l(a). (b) A certificate of taxes due covering the Land, Improvements, and, if applicable, the Personal Property, prepared by the Treasurer of the County in which the Property is located. (c) All surveys and plats of the Property in the possession or control of Cindermak or its partners. City acknowledges it has received a copy of the survey prepared by Gingery Associates, Inc., last revised January 31, 1980. (d) Copies of such specifically identified Reports in the possession or control of Cindermak or its partners which the City requests in writing and which relate to the redevelopment of the Property. (e) All asbestos and environmental reports concerning the Property in the possession or control of Cindermak or its partners. City acknowledges it has already received copies of the reports set forth in Section 3.2 (g). (f) As-built plans and specifications for the Property, limited to those relevant for total demolition and specifically excluding any plans or specifications relating to tenant improvements, in the possession or control of Cindermak or its partners. Such plans and specifications shall be made available for inspection by City or its agents at Cindermak's management off ice at the Shopping Center. City shall have the right to obtain copies of such plans and specifications at City's cost. City shall be given possession of the original of such plans and specifications at the time of Closing . 3 " I (g) Original (if a 'vailable, otherwise copy) of Lease dated August 5, 1965, as amended, between New Englewood, Ltd. ~ and Associated Dry Goods Corporation, hereinafter =eferred to as the "Wards Lease", lease dated January 7, 1993 between Kravco Company as agent for Cindermak Associates and Renzios, Inc., hereinafter ref erred to as the Renzios Lease " and lease dated May 24, 1984 between Kravco Company, Agent for Cindermak Associates, a Joint Venture and Western Federal Savings & Loan Association of Colorado, a federally chartered savings and loan association, hereinafter referred to as the "Western Federal Lease". SECTION 3 -REPRESENTATIONS AND WARRANTIES OF CINDERMAK 3 .1 Transfer "As Is". Except for the representations and warranties of Cindermak expressly provided in this Agreement, and subject to the covenants, agreements and indemnities, if any, of Cindermak in this Agreement, City shall accept the Property "AS IS" I "WHERE IS" I and "WITH ALL FAULTS" CONDITION AND STATE OF REPAIR. CITY DOES HEREBY WAIVE, AND CINDERMAK DOES HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER WITH RESPECT TO THE PROPERTY, INCLUDING, BY WAY OF DESCRIPTION BUT NOT LIMITATION, THOSE OF CONDITION, TENANTABILITY, HABITABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. The provisions of this paragraph shall survive the closing. 3.2 Representations and Warranties. Cindermak • represents and warrants to City as of the date of this Agreement and as of the date of the Closing as follows, each of which shall survive the Closing as provided in Section 10 except as otherwise expressly provided: (a ) Status and Authoritv. Cindermak is duly organized, validly existing and in good standing. Cindermak has full power to own its property and to carry on its business as now being conducted. Cindermak has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered pursuant hereto. The execution and deli very of this Agreement and such documents have been duly and validly authorized by all necessary action on its part to make this Agreement and such documents valid and binding upon it and no further authorization or consent is required by Cindermak to consummate the transactions contemplated under this Agreement. Upon execution and delivery, this Agreement and such documents will constitute Cindermak 's valid and binding obligations enforceable in accordance with their terms, except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. (b) Title to the Propertv. To the best of Cindermak's knowledge, Cindermak has good and marketable title to 4 • • • • the Property, free and clear of all mortgages, liens, pledges or other encumbrances, covenants and restrictions, except for those disclosed in the Commitment and those caused by the City's purchase and proposed redevelopment of the Property. The warranties in this subparagraph (b) shall not survive the Closing except as may be provided in the deed delivered at Closing. (c) Liabilities. Except for (i) matters disclosed in the Commitment, (ii) the Environmental Remediation to be performed under Section 4.3, (iii) leases not yet terminated, (iv) claims caused by City, its agents and those entities interested in the redevelopment of the Property including the Regional Transportation District, hereinafter referred to as the "RTD", and (v) any liability relating to or arising from the Parking Agreement and/or the parking deck, there is no obligation or liability of any nature whatsoever, contingent or otherwise, which, to the best of Cindermak' s knowledge, is, or could become, a lien or other encumbrance on the Land or Improvements nor has Cindermak engaged in any action with respect to the Property which could give rise to a material claim against the Property. All accounts payable, liabilities and obligations incurred by Cindermak shall be paid in full by Cindermak prior to the Closing. In the event any loss sustained by the City arising from a breach of the warranties under this sub-paragraph is recoverable under the Owner's Policy, the City's remedy for such breach following the Closing shall be limited to its recourse under the Owner's Policy. In no event is the limitation of the preceding sentence to limit or impair any rights of subrogation which the title insurance company may have with respect to the Owner's Policy. (d) Leases. As of the date hereof, there are no leases, tenancies, licenses or rights of occupancy or possession affecting the Land and Improvements ("Leases") except for the Leases with Western Federal, Montgomery Ward and Renzios. In the event any loss sustained by the City arising from a breach of the warranties under this sub-paragraph is recoverable under the Owner's Policy, the City's remedy for such breach following the Closing shall be limited to its recourse under the Owner's Policy. (e) Mav Ground Lease. Cindermak as of the date of this Agreement has terminated the Lease, dated September 1, 1982, between Cindermak and the predecessor of May Department Stores Company, and all rights of occupancy and possession of any part of the Property of such tenant. (f) Litigation. To the best of Cindermak's knowledge and except for claims arising as a result of City's proposed redevelopment of the Property, there is no action, suit or proceeding pending or threatened against the Property or Cindermak with respect to its interests in, management and rental of, or other activities with respect to, the Land and Improvements 5 including, without limitation, any claims by any tenant under the • Leases or otherwise made by any such tenant against the Land and Improvements or Cindermak. Cindermak has paid in full all leasing commissions due and payable with respect to the Leases and Cindermak is not aware of any claim by any person for any leasing commissions with respect to any of the Leases or otherwise relating to the Property. (g) Environmental Comoliance. To the best of Cindermak's knowledge, there is no violation of any environmental laws, except for the matters disclosed in the following reports prepared by ATC Environmental, Inc. and the 1988, 1991 and 1996 reports prepared by the below noted entities, hereinafter collectively referred to as the "Equitable Environmental Reports" (copies of which have been delivered to City): (i) Soil Probe Survey, Installation of MW-4 and MW-5 + Magnetometer Survey, dated September, 1995. (ii) Phase II Investigation Adjacent to Former UST Former J. C. Penney Auto Store, dated August 1, 1995. (iii) ACM Survey dated October 18, 1995. (iv) ACM Survey-Montgomery Ward, dated October 19, 1995. (v) ACM Survey-Roof, dated November 7, 1995. (vi) Three (3) letters from ATC addressed to Equitable Real Estate Investment Management, Inc. , all dated November 7, 1995. (vii) BCM ACM Survey dated October, 1988. (viii) Phase I Survey dated April 16, 1995. (ix) Pacific Environmental Services, Inc., Cinderella City Asbestos Identification Survey dated January 14, 1991. (x) Letter from the State of Colorado dated April 11, 1996 concerning J. C. Penney underground storage tank. (h) No Defaults. Subject to the Adjoining Landowners' Agreements and the termination of any existing Leases, to the best of Cindermak' s knowledge, the consummation of the transactions contemplated by this Agreement will not result in the material breach of any of the terms or provisions of, or constitute a material default under any agreement or other instrument to which 6 • • • • • Cindermak is a party or by which it or any portion of the Land and Improvements may be bound. ( i) Trademarks and Tradenames. To the best of Cindermak's knowledge, the marks and names described on Exhibit 3.2 ..LlJ_ attached hereto is a true, complete and accurate schedule of all trademarks, tradenames and service marks used by Cindermak in connection with the Property, together with a brief description of each. (j) Liens. Except for any work performed by or on behalf of City or its agents or by or on behalf of any entities that are negotiating with the City concerning the redevelopment of the Property and by or on behalf of the RTD, all sums due for work that has been performed at Cindermak's or Kravco's request in or on the Land and Improvements and materials furnished in connection therewith which might in any circumstance give rise to a mechanic's or materialman's lien either have been paid or, as to work presently in progress, Cindermak will promptly make payment as payment becomes due. However, Cindermak may in good faith contest the validity or amount of any lien required to be paid by it, and pending such contest Cindermak shall not be deemed in default hereunder if it promptly pays any amount adjudged in a final Order by a court or arbitrator to be due, with all costs and interest thereon. If the City or its assignee or successor requires in connection with the development of the Property a release of the lien prior to the conclusion of such contest, within twenty (20) days following written request from the City, Cindermak shall bond over such lien, or furnish a title insurance policy or endorsement insuring against any loss relating to such mechanic's lien. SECTION 4 -CINDERMAK'S OBLIGATIONS BEFORE CLOSING 4.1 Termination of Service Contracts. Cindermak shall, at its sole cost and expense, terminate all contracts and agreements relating to the management, operation or maintenance of the Property ("Service Contract"), except for those that city elects to assume pursuant to Section 5.l(b). The effective date of termination for such Service Contracts shall be no later than the date of Closing. 4. 2 Entrv on Property. City and City's representatives, agents, consultants and designees shall have the right at reason- able times to enter upon the Property, at City's own cost, for any purpose in connection with its proposed purchase, development or operation of the Property, including, without limitation, the right to make such inspections, investigations and tests as City may elect to make or obtain; provided, however, any entry of City hereunder shall be conducted in such a manner as to minimize the inconvenience caused to any tenants. City shall promptly pay for all work and materials used in connection with or related to such 7 inspections, investigations and tests and shall promptly discharge • any mechanic 's lien claims which may be asserted in connection with such work or materials. In addition, City, at its sole cost and expense, may make such inquiries as City deems appropriate of Cindermak's consultants or contractors who have performed work with respect to the Property. Cindermak agrees to make all books, records and files of Cindermak relating to the Property available to City and City's attorneys, accountants and other representatives at any time during business hours upon reasonable notice from City and, at City's sole cost and expense, to cause Cindermak's consultants and contractors to furnish City with any information and copies of documents reasonably requested by City. City shall pay the cost of copying such information except for such inf or- mation required to be furnished under Section 2.1. From and after the execution of this Agreement, City and City's representatives, agents, consultants and designees, following not less than five (5) days prior written notice to Cindermak, shall be entitled to communicate directly with all tenants and other persons in connection with City's purchase and development of the Property. City shall be responsible for any claims, demands or actions made on Cindermak and which relate to such inquiries or activities pursuant to this Section 4.2, which responsibilities shall survive the Closing. Any damages incurred by Cindermak as a result of City's actions under this Section 4.2 and not paid for by City shall be a default hereunder. 4.3 Environmental Remediation. The parties acknowledge • that prior to the City 's intended redevelopment of the Property, certain environmental remediation work ("Environmental Remediation") will be required for the removal of part or all of the existing asbestos as referred to in the Equitable Environmental Reports and a "no action" letter from the State of Colorado with respect to the contamination referred to in the Equitable Remediation Reports ("Bradley Leak"). Cindermak agrees to under- take such Environmental Remediation, at its sole cost and expense, subject to the following terms and conditions: (a) The Environmental Remediation of the asbestos shall be conducted after the Closing in accordance with the specifications which are attached hereto as Exhibit 4.3(a). Said specifications are herein referred to as the ("Specifications"). (b) The Environmental Remediation of the asbestos shall be done by the contractor named in and under the terms of the contract which is attached hereto as Exhibit 4.3(b). Any manifests prepared for the removal of the asbestos shall be in the name of Cindermak or the Contractor. (c) The cost of the Environmental Remediation of the asbestos shall be paid for by Cindermak. Cindermak shall cause the contractor to commence the Environmental Remediation of the 8 • • • • asbestos on the earlier to occur of December 1, 1997 or within thirty (30) days after City notifies Cindermak in writing that the Property is vacant and complete such work within one hundred twenty (120) days following the commencement of the Environmental Remediation of the asbestos. In the event commencement or completion of the Environmental Remediation of the asbestos is delayed as a result of causes beyond the control of Cindermak, such as but not limited to City's failure to remove all tenants from the Property at least thirty (30) days prior to December 1, 1997, such commencement or completion date -shall be extended for a period equal to the number of days caused by such delay. If the commence- ment of the Environmental Remediation of the asbestos is delayed past December 1, 1997, as a result of causes beyond the control of Cindermak, then City shall pay for any additional costs or expenses incurred by Cindermak as a result thereof, including but not limited to any increase in the contract price for the Environmental Remediation of the asbestos. (d) For purposes of this Agreement, (i) the Environmental Remediation of the asbestos shall be deemed completed at such time as Cindermak has received written confirmation from the applicable Federal and/or State governmental agencies, if and to the extent such agencies provide written confirmation, that the Environmental Remediation of the asbestos has been completed in accordance with the requirements of applicable governmental rules and regulations, and Cindermak and City have received certification from an environmental engineer mutually agreed upon and in a form reasonably acceptable to City and Cindermak that the work has been completed in accordance with the requirements of the contract for such work and the Specifications; and (ii) the Environmental Remediation with respect to the Bradley Leak shall be deemed completed upon receipt of a "no action" letter from the State of Colorado in form and substance reasonably satisfactory to the City. Any cost incurred to obtain such confirmation and certification shall be deemed a cost of the Environmental Remediation for purposes of Section 9. (e) At the option of the City, the City or Mercantile Stores may enter into an agreement with the same contractor used by Cindermak to perform environmental remediation of asbestos on the property ("Mercantile Property") which was formerly operated as a Joslins store in the Shopping Center. Cindermak shall not be a party to such contract and shall have no liability or obligation under such contract. (f) In the event the Environmental Remediation of the asbestos is not carried out and completed in accordance with the terms of the Exhibits 4.3 (a) and (b) by the contract or, Cindermak shall assign any causes of action it may have against the contractor under the contract to the City at the City's request and in such event the City may, provided that it is at no cost to 9 Cindermak, pursue any claims for damages or other relief to which Cindermak would have been entitled as a party to said contract. 4.4 Subsequently Discovered Defects. If any material matter affecting title, ownership, use or enjoyment of the Property ("Defect") shall arise or be discovered by City which is not set out in the Commitment, or is not disclosed in the materials furnished to City under Section 2.1 and which has not been created or caused (i ) by City or any agent or designee of City or (ii) by any entity working with the City on the redevelopment of the Property including the RTD, the City shall have the right to object i..:o such Defect by the delivery to Cindermak of notice of such Defect within ten ( 10) days after City discovers such Defect provided that, if such Defect is discovered within ten (10) days prior to the Closing Date, the Closing shall be extended for such period as may be necessary to give effect to the provisions of this Section 4.4. If City does not so object within such period, City shall be deemed to have accepted such Defect. Upon receipt of · notice of City 's objection to any such Defect, Cindermak shall have the right, but not the obligation, to cure such Defect to the satisfaction of City and the Title Company for a period of ten (10) days from the date of such notice, or if such cure can not be completed within 10 days, to commence such cure within 10 days and thereafter diligently pursue the same to completion, which cure in all events shall be completed within 45 days. If such cure period extends beyond the Closing Date, the Closing Date shall be extended to three (3) days after the expiration of such cure period. If Cindermak cures City's objection to the satisfaction of City within such cure period, then the Closing shall occur on the original or postponed date of the Closing but otherwise upon the terms and provisions contained herein. If Cindermak has not cured such Defect to the satisfaction of City, City shall either (a) close on such original or postponed date (and City shall thereby be deemed to have waived such objection) or (b) terminate this Agreement by giving written notice to Cindermak before such original or post- poned date and the parties shall be released from all further obligation and liability except as otherwise herein provided. If, in Cindermak' s attempt to cure a Defect, city discovers other Defects, such additional Defects shall be subject to the procedure set forth above. The date of Closing shall not be extended under this Section 4.4 for more than sixty (60) days while Cindermak is attempting to cure such additional defect. If Closing cannot occur within said sixty (60) days and the parties do not agree in writing to extend the Closing further, City shall make an election under Sections (a) or (b) above. If the City does not make said election within said sixty (60) days, it shall be deemed to have elected Section (a). 10 • • • • • • SECTION 5 -CONDITIONS PRECEDENT TO CITY'S AND CINDERMAK'S PERFORMANCE 5. 1 Conditions Precedent to Ci tv' s Performance. The obligation of City to accept transfer of the Property and consum- mate the transactions com:emplated hereunder is subject to the satisfaction of the following conditions precedent on or before the time set forth below. The condi t i ons set forth in this Section 5 .1 are for the sole benefit of the City. If any condition is not so satisfied, the condition may be waived by City in writing or City may terminate this Agreement in which event the parties wi l l be released from all further obligation and liabilit y under t his Agreement except as otherwise herein provided. In the event City fails to give written notice of objection within the time set forth below, City shall be deemed to have waived any objection to such item. If any condition i s not so satisfied, at the option of Cindermak and with the consent of the City, which consent shall not unreasonably be withheld, Ci ndermak can agree to indemnify the City and its successors and assigns, in form and substance reasonably satisfactory to the City , from any loss, damage, cost, or liability whatsoever arising with respect to such condition not so satisfied, and in such event, the condition shall be deemed satisfied. (a) Title Rev i ew. If City reasonably determines that any matter reflected in the Commitment or any survey of the Property, or any other matter affecting or related to title to the Property, except matters caused by City, any agent or designee of City or any entity dealing or negotiating with the City with respect to the redevelopment of the Property including the RTD, will impair or interfere with City's redevelopment of the Property, then City shall be entitled to object to any such title matter by providing written notice thereof to Cindermak on or before ten (10) days after receipt of the Cammi tment. If City provides such written notice of objection, Cindermak shall have the right but not the obligation to have fifteen (15) days, or such longer period of time as may be agreed upon by Cindermak and the City ("cure Period"), from the date of receipt of such notice of Purchaser's objection to cure City's objection, including, without limitation, causing the title company to insure against loss or damage resulting from such objection. If necessary, the Closing shall be postponed for those number of days required under this section for Cindermak to cure the objection, but in no event shall the Closing be postponed more than sixty (60) days. If Cindermak fails to have such -objection remedied or fails to have it remedied to City's satisfaction within the cure Period, City shall elect, within three (3) days, either: (i) to terminate this Agreement by provid i ng written notice thereof to Cindermak, in which event the part i es shall be relieved of all further obligation and liability hereunder except as otherwise herein provided, or (ii) to accept title subject to the objection, in which event City shall be deemed to have approved the Commitment, the survey and the Permitted 11 Exceptions. If City does not make said election within said three (3) days, it shall be deemed to have elected Option (ii). If the City objects to a lien securing an ascertainable amount of money, Cindermak shall have the option of obtaining a release of such lien at the time of Closing in lieu of any other cure of such objection. (b) Service Contracts. Within ten (10) days of the Effective Date, the City shall designate in writing to Cindermak those Service Contracts it wishes to asswne and keep in effect. With respect to any remaining Service Contracts that the City did not so designate, Cindermak shall have, on or prior to Closing, terminated all Service Contracts at Cindermak' s sole cost and expense. Upon written request of the City, Cindermak shall furnish to the City satisfactory evidence of such termination. (c) Accuracv of Representations and Warranties of Cindermak. On the date of this Agreement and as of the Closing Date, all representations and warranties in this Agreement by Cindermak shall be true in all material respects as though made at that time. At the Closing, Cinderrnak shall certify to City that as of the Closing Date all the representations and warranties of Cindermak contained in this Agreement are true in all material respects. In the event any event occurs which causes Cindermak's warranty or representation to no longer be true or accurate in any material respect, through no fault of Cinderrnak, Cinderrnak shall promptly notify the City, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. Cindermak shall have thirty (30) days from the giving of said notice to cure the reason for the warranty or representation being untrue or inaccurate. If Cindermak cannot effect such cure within said thirty (30) days the City shall then have the option, by written notice to Cinderrnak within three (3) days of the end of the thirty (30) day period, of (i) waiving such -matter, (ii) terminating this Agreement, in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided, or (iii) requiring Cindermak to remedy such matter, if the cost to do so, when added to the cost of the Environmental Remediation for the asbestos and the Bradley Leak and the cost of bringing all taxes due on the Property, does not exceed $1,500,000. If City does not make such election within said three (3) days, it shall be deemed to have elected Section (i). If such cure period extends beyond the Closing Date, the Closing Date shall be extended to three (3) days after the expiration of such cure period. If Closing cannot occur by the extended Closing Date and the parties do not agree in writing to extend the Closing further, City shall make an election under Sections (i) or (ii) above. Notwithstanding the foregoing, in the event any warranty or representation by Cindermak is not true or accurate in any material respect, either at the time of execution of this Agreement or at any time thereafter, Cindermak shall have the option, with the consent of the City, which consent 12 • • • • • • shall not unreasonably be withheld, to indemnify the City and its successors and assigns, in form and substance reasonably satis- factory to the City, from any loss, damage, cost, or liability whatsoever arising with respect to such warranty or representation, and, in such event, the City shall be deemed to have waived any objection to the untrue or unacceptable warranty or representation. ( d) Comoliance with Covenants. Cindermak shall have complied with all the agreements and covenants set forth in this Agreement in all material respects. 5. 2 Conditions Precedent to Cindermak' s Performance. The obligation of Cindermak to transfer the Property and consummate the transactions contemplated hereunder is subject to the satis- faction of the following conditions precedent on or before the time set forth below. The conditions set forth in this Section 5.2 are for the sole benefit of Cindermak. If any condition is not so satisfied, the conditi on may be waived by Cindermak in writing or Cindermak may terminate this Agreement in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided. In the event Cindermak fails to give written notice of objection within the time set forth below, Cindermak shall be deemed to have waived any objection to such item. (a) Accuracy of Representations and Warranties of City. on the date of this Agreement and as of the Closing Date, all representations and warranties in this Agreement by City shall be true in all material respects as though made at that time. At the Closing, City shall certify to Cindermak that as of the Closing Date all the representations and warranties of City contained in this Agreement are true in all material respects. In the event any event occurs from the date of this Agreement to the date of Closing which causes the City's warranty or representation to no longer be true or accurate in any material respect, through no fault of the City, the City shall promptly notify Cindermak, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. Cindermak shall then have the option, by written notice to the City within three (3) days, of (i) waiving such matter, (ii) terminating thi s Agreement, in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided, or (iii) requiring the city to remedy such matter, if such matter can be remedied. (b) Compliance with Covenants. city shall hav e complied with all the agreements and covenants set forth in this Agreement in all material respects . 13 SECTION 6 -REPRESENTATIONS AND WARRANTIES OF CITY City represents and warrants to Cindermak as of the date of this Agreement and as of the date of the Closing as follows, each of which shall survive the Closing as provided in Section 10 except as otherwise expressly provided: 6. 1 Status and Authority. City is a Home Rule Municipal Corporation, duly organized, validly existing and in good standing. It has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered pursuant hereto. The execution and delivery of this Agreement and such documents have been duly and -validly authorized by all necessary action on its part to make this Agreement and such documents valid and binding upon it. Upon execution and deli very, this Agreement and such documents will constitute City's valid and binding obligations enforceable in accordance with their terms, except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. 6.2 Litigation. To the best of the City's knowledge, there is no action, suit or proceeding pending or threatened against the Property or the City with respect to its interests in, or its activities with respect to, the Land and Improvements. 6.3 No Defaults. The consummation of the transactions contemplated by this Agreement will not result in the breach of any of the terms or provisions of, or constitute a material default under any agreement or other instrument to which City is a party or by which it may be bound, or under any statute, ordinance, resolution, rule or regulation by which City may be bound. SECTION 7 -THE CLOSING 7.1 The Closing. The Closing shall take place at 10:00 a.m. local time at the offices of the City Attorney, City of Englewood, at Englewood, Colorado, or such other location in the metropolitan area of Denver, Colorado as the City may designate, on the eleventh (11th) day after the final date that any objections may be filed to the City's approval of this Agreement (the "Closing Date"). Notwithstanding the foregoing, if this Agreement does not close on or before October 15, 1997, Cindermak may terminate this Agreement by giving written notice thereof to City, and the parties shall thereupon be released from all further obligations and liability, except as otherwise herein provideci. 7. 2 Aooroval of Closina Documents. Within ten ( 10) days following the Effective Date of this Agreement, the parties shall agree upon the form of the following documents to be delivered at Closing: 14 • • • • • • (a) The deed to be delivered pursuant to Section 7.J(a). (b) The bill of sale to be delivered pursuant to Section 7.J(d). ( c) Certificate to be delivered pursuant to Section 7.J(f). (d) Non-foreign person certificate to be delivered pursuant to Section 7.J(g). (e) Resolution and Ordinances to be delivered pursuant to Sections 7.3(h) and 7.4(c). (f) Counsels' opinions to be delivered pursuant to Section 7.J(i) and 7.4(d). (g) Releases to be delivered pursuant to Section 7.3(k) and 7.4(a). (h) Assignment and Assumption of the Western Federal Lease, Wards Lease and the Renzios Lease. ( i) Any other document required to be delivered hereunder . 7.3 Obligations of Cindermak at Closino. At the Closing, Cindermak shall deliver the following instruments and documents: (a) Cindermak shall execute, have acknowledged and deliver to City a quit claim deed or, if City obtains an improve- ment survey acceptable to _and certified to Cindermak, a Special Warranty Deed, conveying title to City to the Land and the Improve- ments, subject only to the Permitted Exceptions and the pre-printed exception to the Commitment not deleted pursuant to this Agreement. (b) Cindermak shall cause to be delivered to City either (i) a current ALTA Extended Owner's Policy of title insurance on the Property to be issued pursuant to the Commitment delivered to city as required by this Agreement showing no lien, encumbrance or other restriction other than the Permitted Excep- tions and pre-printed exceptions not deleted pursuant to this Agreement, or (ii) an unqualified written commitment from the Title Company to deliver such policy of title insurance promptly following the Closing. (c) Cindermak shall execute and deliver to City a certification that all Leases and Service Contracts have been terminated, except the Western Federal Lease, Wards Lease and 15 Renz ios Lease and those Service Contracts City has elected to assume, provided that any action brought by the City with respect • to any Leases shall be limited as provided in Section 3.2(d). (d) Cindermak shall execute, have acknowledged and deliver to City a bill of sale conveying to City all of Cindermak's right, title and interest in and to the Personal Property without warranties. (e) Cindermak shall deliver, or cause to be delivered, to City all documents required to be delivered on the Closing Date under Section 5. (f) Cindermak shall execute, have acknowledged and deliver to City a certificate that all representations and warranties as contained in this Agreement are true, accurate and complete in all material respects as of the Closing Date; except with respect to Defects as set forth in Section 4.4 and exceptions permitted under 5.l(c). (g) Cindermak shall execute and deliver to City a certification executed by Cindermak that Cindermak is not a "foreign person" in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445 (as may be amended) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated thereunder, as well as any similar certification required by the laws of the state in which the Property is located . (h) Cindermak shall deliver to City a certified copy of a resolution of Cindermak authorizing the consummation of the transactions contemplated under this Agreement and confirming the authority of the persons executing the documents to be delivered under this Section 7. 3 to do so on behalf of the Cindermak. (i) Cindermak shall deliver an opinion of its counsel that Cindermak is duly organized, validly existing, and if applicable, in good standing, has the authority to enter into this Agreement and to consummate the transactions contemplated hereunder, that the persons executing on behalf of Cindermak this Agreement and the documents to be delivered under this Section 7.3 have been duly authorized to do so, that Cindermak has obtained all of the consents required to execute this Agreement and consummate the transactions contemplated hereunder, and that this Agreement and the documents delivered hereunder are legal, valid and binding obligations of Cindermak and enforceable according to their terms, except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. (j) Subject to the terms of this Agreement, Cindermak shall deliver, or use its best efforts to cause to be 16 • • • • • delivered, such other instruments and documents as may be reason- ably required by City or the Title Company to transfer title to the Property to City in the condition herein contemplated, including, without limitation, a mechanic's lien affidavit or such other similar indemnity and affidavit agreement reasonably necessary to satisfy the requirements set forth in the Commitment to cause the Title Company to delete the preprinted exceptions. (k) Cindermak shall execute and deliver an agreement for the release of City as provided in Section 1.2. (1) If ascertainable at Closing, Cindermak shall deliver the funds for Cindermak's Contribution, if applicable, as provided in Section 9, provided that, Cindermak shall only provide the funds for the Environmental Remediation as they come due and payable. If it is not possible to determine Cindermak's contribution, if any, at Closing, any amounts due will be paid when all costs and expenses of the Environmental Remediation have been determined. (m) Cindermak shall execute and deliver the Assignment and Assumption of the Western Federal Lease, Wards Lease and Renzios Lease. 7. 4 Obligations of City at Closing. At the Closing, City shall deliver the following instruments and documents: (a) City shall execute and deliver an agreement for the release of Cindermak as provided in Section 1.2. (b) City shall pay any closing costs and adjust- ments as provided in Section 7.5. ( c) City shall deliver certified copies of the Ordinances of the City of Englewood approving this Agreement, the transactions contemplated hereunder and authorizing the execution and delivery of the documents to be delivered under this Section 7. 4. (d) City shall deliver an opinion of its independent counsel that City is a Home Rule Municipal Corporation, duly organized, and validly existing, has the authority to enter into this Agreement and to consummate the transactions contemplated hereunder, that the persons executing on behalf of the City this Agreement and the documents to be delivered under this Section 7.4 have been duly authorized to do so, that city has obtained all of the consents required to execute this Agreement and consummate the transactions contemplated hereunder, and that this Agreement and the documents delivered hereunder are legal, valid and binding obligations of City and enforceable according to their terms, 17 except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. • (e) Subject to the terms of this Agreement, City shall deliver, or use its best efforts to cause to be delivered, such other instruments and documents as may be reasonably required by Cindermak or the Title Company to consummate the transactions referenced in this Agreement. (f) City shall deliver the funds for City's Contribution, if applicable, as provided in Section 9. (g) City shall execute and deliver the Assignment and Assumption of the Western Federal Lease, Wards Lease and the Renzios Lease, as well as any Service Contracts it elects to assume. 7.5 Closing Costs. be allocated as follows: Closing costs and adjustments shall (a) Costs. City shall pay the cost of the Owner's Policy to be provided pursuant to the terms of this Agreement and all sale, use or excise taxes, if any, due upon the transfer of the Personal Property. City and Cindermak shall each pay such additional closing costs as are paid by such party according to the custom and practice for the purchase and sale of commercial property in Englewood, Colorado. City and Cindermak shall each pay • one-half (~) of the cost of any escrow or closing fees charged by the Title Company. (b) Adjustments. All items subject to proration under this Agreement shall be paid or shall be prorated as of the day of Closing. Any apportionments which are not expressly provided for below shall be made in accordance with _ customary practice in Englewood, Colorado for commercial properties. All apportionments shall be deemed to be final, except as otherwise provided in Section 7. 5 ( b) (ii) . To the extent costs are not · reasonably ascertainable, such adjustments shall reasonably be estimated by Cindermak and City in good faith. All apportionments shall be paid in cash at the time of Closing by city or Cindermak, as the case may be. (i) Rentals. Any rentals accrued and unpaid under leases of the Property in effect prior to the Closing, whether paid before or after Closing, shall be the property of Cindermak, free of claim by the City. All rentals received by the City after closing shall be paid first to Cindermak for any rentals due but unpaid up to the Closing. City shall cooperate with Cindermak in the event Cindermak commences any suit for collection of delinquent rent due up to the Closing provided that, City does not incur any costs or liability as a result thereof. Cindermak 18 • • • • shall be responsible for any obligation to tenants regarding return of security deposits, to the extent such deposits have been actually received by Cindermak and not previously applied or transferred to the City. (ii) Taxes. All general real estate and personal property taxes for the Property (the "Taxes") for the calendar years prior to the calendar year in which the Closing occurs shall be paid by Cindermak. Cindermak shall pay in full any special assessments (whether then due or payable) for all improve- ments installed or services rendered on or prior to the dat e of Closing. All Taxes for the calendar year in which the Closing occurs shall be prorated based on the actual Taxes, but if such actual Taxes have not been determined by the Closing Date, the Taxes shall be prorated based on an estimated amount of the Taxes determined by the most recent levy and assessment information available. Upon final determination of the actual Taxes, the proration between Cindermak and City shall be finally adjusted based on the actual Taxes. Notwithstanding the foregoing, Cindermak hereby reserves the right to contest general real property taxes and special assessments for the period prior to the Closing Date, at Cindermak's sole cost and expense. City hereby consents to Cindermak contesting such taxes and will reasonably cooperate with Cindermak in any such contest, provided it incurs no cost, liability or expense. Any reduction of taxes or special assessments obtained by Cindermak in any such contest shall belong to and be payable to Cindermak and City hereby waives any claim thereto. (iii) Operating Costs. All utility service charges for electricity, heat and air conditioning service, other utilities, elevator maintenance, common area maintenance, taxes (other than real estate taxes and personal property taxes), other expenses incurred in ORerating the Property that Cindermak customarily pays, and any other costs incurred in the ordinary course of business or the management and operation of the Property shall be prorated on an accrual basis. Cindermak shall pay all such expenses that accrue prior to the Closing Date and City shall pay all such expenses accruing on the Closing and thereafter. Cindermak and City -shall obtain billings and meter readings as of the Closing Date to aid in such prorations. (iv) Contracts. All capital and other improvements (including labor and materials) which are performed or contracted for by Cindermak prior to the Closing Date will be paid by Cindermak, without contribution or proration from City, and Cindermak hereby indemnifies and holds City and the Property harmless from any claims respecting same. Cindermak shall pay all amounts due under the Service Contracts prior to the Closing . 19 SECTION 8 -DEFAULT AND TERMINATION 8.1 Time of Essence. obligations of the parties. Time is of the essence of the 8.2 Limit on Damages. No party shall recover against the other any monetary damages resulting from a breach of a warranty, representation, indemnification, or default unless the aggregate damages sustained by such party exceed the sum of $50,000.00, and then the amount of recovery shall not include the first $50,000.00 sustained. No party shall recover consequential damages. The $50,000.00 limitation of this Section 8.2 shall not apply to any damages due under Section 8.J(iii) or 8.4(iii). 8.3 Citv Default. Subject to the limitation of Section 8.2, if City shall default in performing its obligations hereunder, then Cindermak may elect to exercise the following remedies, either concurrently or successively: (i) Cindermak shall be entitled to terminate this Agreement; (ii) Cindermak my recover all damages from the City resulting from the City's default (including, without limitation, attorney's fees and costs) (iii) if any default by City causes any delay in the Closing Date, Cindermak may recover liquidated damages in the amount of $5, 000. 00 per day for such delay not to exceed $100,000.00; (iv) Cindermak may, but shall not be obligated to, perform the obligations of the City under this Agreement and the City shall pay to Cindermak upon demand all costs • and expenses thereof incurred by Cindermak; and (v) any and all • other remedies available at law or in equity. Cindermak and City acknowledge that Cindermak's damages as a result of any delay in the Closing Date caused by City's default hereunder are difficult to ascertain, and agree that the amount of the liquidated damages herein provided represents a reasonable estimate of Cindermak's damages for such delay. In no event shall Cindermak have the right to recover consequential damages. 8.4 Cindermak Default. Subject to the limitation of Section 8.2, if Cindermak shall default in performing its obligations hereunder, then City may elect to exercise the following remedies, either concurrently or successively: (i) City shall be entitled to terminate this Agreement or it may obtain specific performance; (ii) City may recover all damages from Cindermak resulting from Cindermak's default (including, without limitation, attorney's fees and costs); (iii) if any default by Cindermak causes any delay in the Closing Date or if there is any delay in the completion of the Environmental Remediation as provided in Sections 4.J(c) and 4.J(d) directly caused by Cindermak and not directly or indirectly caused by any third party, including but not limited to the Contractor for the Environmental Remediation, City may recover liquidated damages in the amount of $5,000.00 per day for such delay, not to exceed $100,000.00; (iv) City may, but shall not be obligated to, perform the obligations of 20 • • • • Cindermak under this Agreement (including, without limitation the Environmental Remediation) and Cindermak shall pay to City upon demand all costs and expenses thereof incurred by City; and (v) any and all other remedies available at law or in equity. Cindermak and City acknowledge that City's damages as a result of any delay in the Closing Date caused by Cindermak's default hereunder are difficult to ascertain, and agree that the amount of the liquidated damages herein provided represents a reasonable estimate of City's damages for such delay. In no event shall City have the right to recover consequential damages. SECTION 9 -CONTRIBUTIONS BY CINDERMAK AND THE CITY Notwithstanding anything to the contrary contained in this Agreement, the parties agree to allocate and pay for the following costs related to the transactions provided under this Agreement as follows: (a) Cindermak shall pay when due the cost of the Environmental Remediation (excluding the cost of any work relating to the Mercantile Property ) and the cost of bringing all real property taxes encumbering the Property current through the Closing Date. (b) The City shall pay when due any amounts for the following: (i) Any amount due to Wards under the Wards Lease on or after closing or for early termination thereof. (ii) Any amount due to Renzios under the Renzios Lease on or after closing or for early termination thereof. (iii) Premium for the Owner's Policy to be issued to the City. (iv) Any penalty or early termination fee incurred to terminate any Service Contract. (v) Any payment of any cost of environmental remediation of the Mercantile Property, to the extent such cost is not paid by Mercantile Stores. (c) The City intends to apply to the applicable agencies for funds to apply to the cost of studies or work necessary to analyze and remediate existing environmental conditions existing on the Property and other property which the City is considering acquiring. To the extent the City receives any such funds with respect to the Property relating to this Agreement, the City shall pay such funds to Cindermak to reimburse Cindermak a portion of the cost of the Environmental Remediation or studies 21 obtained in connection therewith, and such amount shall reduce the cost expended by Cindermak for purposes of calculating Cindermak's • contribution or the City's obligation under subparagraph (d) above. SECTION 10 -SURVIVAL OF REPRESENTATIONS AND WARRANTIES No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in an instrument delivered pursuant to this Agreement. The representations, warranties and indemnities made by the parties to this Agreement and the covenants and agreements to be performed or complied with by the respective parties under this Agreement, unless otherwise expressly provided in this Agreement, shall survive the Closing for a period of (i) one year following the date the City or its successors or assigns commences demolition of the Improvements or (ii) three years from the date of the Closing, whichever occurs first. Nothing in this Agreement shall limit the obligations, indemnities, covenants and agreements of the parties contained in this Agreement that are permitted or required to be performed in whole or in part after the Closing Date. SECTION 11 -MISCELLANEOUS 11.1 Effect of Headings. The subject headings of paragraphs and subparagraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 11.2 Entire Agreement/Survival of Aareement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unl~ss executed in writing by the parties hereto. 11.3 Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the parties to it and their respective successors and permitted assigns. 11.4 Assignment and Binding Effect. This Agreement may not be assigned without the prior written consent of the other party; provided, however, upon written notice from City to Cindermak and performance of all obligations required to be performed hereunder by the City, Cindermak shall transfer, assign and convey the Property at the Closing to an entity designated by City, provided the transfer to such designated entity does not cause any adverse tax consequences to Cindermak which would not otherwise occur if the property was transferred to the City. In the event of a transfer to an entity designated by the City, the City shall remain obligated for the performance of all terms and 22 • • • • • conditions required to be performed by the City and which survive the Closing as provided under the terms of this Agreement. 11. 5 Notices. All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of service, if served personally on the party to whom notice is given, or (b) on the date of deposit in t he mail, if mailed and telecopied (without confirmation required) to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed, and telecopied by facsimile transmission, as follows: To City at: City Manager City of Englewood 3400 South Elati Street Englewood, CO 80110-2304 Facsimile No.: (303) 762-2408 with copies to: Daniel L. Brotzman, Esq. City Attorney City of Englewood 3400 South Elati Street Englewood, co 80110-2304 Facsimile No.: (303) 789-1125 To Cindermak at: M. Gregory Moore, Senior Vice President Equitable Real Estate Investment Management, Inc. 5775 Peachtree Dunwoody Road, #200-D Atlanta, GA 30342 Facsimile No.: (404) 705-5840 with a copy to: Gregory F. Palcanis, Esq. Wood, Ris & Hams, P.C. 1775 Sherman Street, #1600 Denver, co 80203 Facsimile No.: (303) 830-8772 and to: 23 Robert T. Girling Kravec Company 234 Mall Boulevard P.O. Box 1528 King of Prussia, PA 19406-0928 Facsimile No.: (610) 768-6444 and to: Harold Jacobs, Esq. Wolf Block Shorr and Solis-Cohen 12th Floor Packard Building S.E. Corner 15th and Chestnut Streets Philadelphia, PA 19102-2678 Facsimile No.: (215) 977-2334 11. 6 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Colorado. 11.7 Broker's Fees. Each of the parties represents and warrants that it has not employed, retained or otherwise utilized any broker or finder in connection with any of the transactions contemplated by this Agreement and no broker or person is entitled to any commission or finder's fees in connection with any of these transactions. The parties each agree to pay any claim, together • with reasonable attorneys' fees and litigation costs, resulting in • a judgment due to any broker or finder alleged to be retained by such party. 11.8 Recovery of Litigation Costs. If any legal action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 11.9 Time. If any date, deadline or the expiration of any other time period under this Agreement shall fall on a Saturday, Sunday or legal holiday, such time period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 11.10 Effective Date. The "Effective Date" of this Agreement shall be the later date of execution by Cindermak and City as indicated in the signature block below. 24 • • • • ... 11. 11 Knowledge. Any reference in this agreement to the knowledge of a party shall mean to the current best knowledge, without making any inquiry, of the following individuals: (i) With respect to Cindermak; M. Gregory Moore, Investment Officer of The Equitable Life Assurance Society of the United States and Ronald Gern, Vice President, KR.AVCO, Inc. (ii) With respect to the City; All elected members of the City's City Council at the time of the Effective Date. 11.12 Material. Any reference in this Agreement to "material" or "materiality" shall mean any matter involving an amount, cost or loss of $50,000.00 or more. CITY: CITY OF ENGLEWOOD, COLORADO, a Home Rule Municipal Corporation By: ~~~~~~~~~~~~~~~~~~---Thom as J. Burns, Mayor Date of Execution: CINDERMAK: CINDERMAK ASSOCIATES, a joint venture By: The Equitable Life Assurance Society of the United States, a co-venturer By: DENMA.K ASSOCIATES, a Co-Venturer By: KRA VCO , Inc. , a Partner corporation, General By: ~~~~~~~~~~~~~--~~~~~ Name: Title-:~~~~~~~~~~~~~~~~--- Date of Execution: , 1997 ~~--~------~~ 25 ,,. EXHIBIT LIST • 1. Exhibit 1.1-A Legal Description of Land 2. Exhibit 1.1-B Legal Description of Excluded Land 3. Exhibit 3.2 (i) Trademarks and Tradenames 4. Exhibit 4. 3 (a) Specifications 5. Exhibit 4.3(b) Contract for Asbestos Remediation • 26 • • • • EXHIBIT 1. 1-A Legal Description of Land 27 EXHIBIT 1. 1-B • Legal Description of Excluded Land • 28 • • • • IV ...J I l..Jl-.i...-"-J- EXHIBIT 1.1-A PA.~!: A ?A.~ OF ~ SE 1/ 4 OF SECI'ICN 33, AND A PARr OF TEE: Sr'I' 1/ 4 0: SEI:I'ICN 34, 'I'Ooi"N&...ll' 4 saJI'E, RAN2 68 WEST OF 'nE 6'IS P .• "t., DESCRGED AS FO!.LCWS; ~::N:; KI 'l'E:. SCU!EW"EST c:;~NE~ OF SM.ID SECI'ICN 34; ~ ~y ALCN; TE: WEST LINE OF SC\ID Sil:l'ICN 34 A Disr.~ OF 68.00 E'U''' 'iD A rornr CN 'Il:'E N:RIB L:NE: OF WEST a\~.EN A~ (AS SAID N:R:rE LINE E:C:~ PRICR '!'O TEE GP.ANrS CE :A..~ IN ~ ~~ IN oca< 1714 AX P.~ 412, 423, 426 Ai."ID 429), SAID romr BEIN::; '!EE ?OINI' OF 3EGINNIN:;; 'I'EE:'C CN AN ru-a.E 'IO 'TIE LE:'.!.' OF 89 DEGtE:.:S 40 MIN.,'TES 32 Sm:N::S AND ~ ~ ~ LINE A DI..S""'~ OF 472.00 f'"-El'; TI--~:C:: CN AN AN;I..E 'IO TIE R!GC.""!' ·"JF 90 C~ 00 ~~'TES 00 ~ A DIST.~ CF 133. 00 E z.::.'l'; ~ CN AN A?G.E TO ~ LJ::.: l. CE ~O D~ 00 !-L~ 00 Sil:::N)S A DISTAN:::: OF 150.00 ::=.:::.!.'; TE:N::! 00 AN~ 'IO TEE Ril.:21' OF 90 (1~ 00 fu~ 00 SEl:I'NLS A DIS!.~ OF 8. OD .r:::..:.'.!.'; '!E2C: CN .~ A.'l:;!2 ID TF...:. I.=:: .1. CF 90 D~ 00 MINUI'£S 00 ~ A DIS"'.......ru-x:::! OF 292. 40 .:Ei'l.'; T.EEN::z CN AN AfG..E '!O 'IS.!:. RIGET OE' 89 D~ 55 ~ 00 9l:NDS A D~ OF 36.00 E1..::.!.'; '1'EEN:E CN AN ANJLE '!O '!!:E l:..l:..='l.' Of 90 Dfl3.EES 38 MN1I:::s 42 ~ A DISI.!W:E OF 66.04 .:.:...::..:. TO A POINT CN "0 ~ =:ASI' ~OF SANT'-A FE AA!~ RIGIB' OF~; TEN:::: CN A..~ ANclZ TO '!EE R.IGr:::' OE' 106 Offi2EES 54 i"'.nul'ES 23 SEX:CtIDS AND M..CN:; SAID .s.n.sr LINE A DISIAN::S OF 312. 7 6 re::r; TEEN:::: CN .;N ~TO 'IEE RIG"c~ OF 01 D~ 52 MINL'TES 00 sn::::::NDS AND ALCtiG SA.ID =..;_t::T LINE A DI.sTA.~ OF s:2.2s E.:.d TO A romr CN ~~LINE OF TEE 54 l./ ~ OF 'IEE SE 1/ 4 OF SAID SE!:TIC'N 3J; ~ CN AN AN:lI..E IO :EE RIG"-""T' GF 71 DEI;REES 46 .MINUI'.ES 26 SECCND5 AND ALCN:; ~..ID XRlli LINE A DIS'"~ OF 504. 65 :1..:.=.'""!, M:RE CP. LESS, TO TE-~..Jill3'1' CCRNS OF ~"EST ~:.J::JYD A\'E:UE A.S DES.-'~r::i 1 ::u IN 'IEE DEE:J TO TE: CITY OF ~. CJL...""'RAOO, A mr.aw:o E:ME .Rr.JI.2 C::Y REIIlmED CC!OBER l, 1985 rn 3:CK 4559 PU PJ'.iGE 737; • • • • M~Y 15 '9 7 15 :47 F RQ M BE RE NBH UM-WE !N SH !E NK TO 3 7 6C.:240 8 "l"t.:::EN:E: Ar..C;N:; THE ~1 A.i.aJ ~'I L~ OF SCUD 'i-iESl' P..OYD AVENJE THE FOLLCWil-I:; a::tESES AND DIS:.~; 1) sa..~ 00 ~ 02 ~"!'ES 28 SEID~ WEST, A DIST:IN:E OF 66 h.E.l. TO 'IEE ~ crRNER OF SAlD FLOYD AVEN...TE AS DESGUEED IN 5'1.ID DEED; 'Z) N::'R1'.H 89 DEiirtEES 53 MP.II'-'ES 01 SErDNCS Et1SI', A DIS"'-AN:S OF 1022. 66 FEET TO 'IEE ~"EST ~OF '.IB.t. P!.Xr OF GIR~ pr_;a SOEDMSICN, RfXXlIDlll JANUARY 5, 1987 rn P!A'.!' 3:'Ci< 94 ;.::;: PAGZ 18, AI.SJ SEIN; A ro.rnr CN nm: ~ LINE OF SC01'H El...A'.I'! STRECT; 'IE'.Ela SCUI'H 00 D~ 01 ~ 23 SECX:NDS \tt"EST I ALCN::; TEE WEST LINE OF 5aID S'CJBDIVTSION AND TEE WLS'l' LINE OF SCXJm E!..A'.I'! srnET, A D!STAN:S OF 595. 91 f=.!S'l TO TEE s:::orEWEST ~OF SAID SCEDIV!SICN; -rc-..:EN::E a:Nr!NUIN::i AI.CN:; 'IE WEST LINE c:: rn urn SIREE.!', A DISTAOCE OF 449.ll E£::l' ro THE N::.'C~ a:.:R.~ OF THAT PARCEL 05...~ rn DEED 'IO HAMPDEN CXMPANY, A ClJLCAAOO c::R.~I~, REO:EDED JANJARY 27 I 1967 IN :a::a< 1696 NI PF.GE 49; ~ ALCN; ~ N:..rc:~Y P..ND WESTI:iU.Y LINES OF SAID PARC:E:L TEE FOu.c:¥1""IN:; CX:ORS:ES AND DIS"~: 1 ) CN AN ~ TO '1'.Rr. RIC2!' OF 90 omz=:s 09 MINIJI'ES 50 SrnIDS, A DIS".o.AN3 OF 155. 50 E.!:.Sl'; 2) CN P.N A.~"S TO '.!!:.::. IE'l' OF 90 DEG?.t'"2S 09 MINUI'ES SO s:a:::cNDS, A DISTAOCE OF 144.88 :.!:.Sr '.ro A ro!N!' CN '!EE ~~ Ln!E OF WES'!' HAMPDEN AVENUE (AS IT EXIS!ED PRICR 'IO THE GRANTS O'E' ~~ IN INSI'ROMEN.rS REC:lID.ED IN :oca< 1714 AT PFGES 412, 423, 426 AND 429}; ~ CN AN ~ 'IO ~ RIGC!' 0.F 90 DErnE:::S 09 ~..INL"'I'ES 50 SEXXNDS AND ALCN; StUD ~ LINE, A DIST.~ OF :289.15 FEEI' 'IO 'rs=: s::lm-::FAST a:RNER OF TEAT PAAC:.. D.ESC:U3ED IN 0£::!) TO CIJLUMBL.; Il~ SEVIG:, ~., A ClJLCRt\OJ ~ICN, rux:amrn JUNE 21, 1967 IN ECa< 1714 AX PPG:. 400; 'lEN:::: ALCN:; ~ E.AST::RLY, ~..:E:"..J..Y AND ~y !..!NES OF SAID PAP..C:!. THE FOLl.atl"'!N; C:CRS:ES AND DIS'1"..AN:::S; 1 ) CN AN AfG.E TO TS-. RIG:"'!' Of 90 DEGrtE25 00 !-'IN..~ 00 sm::NDS, A OIS'XAN3 OF 130 .00 f~..L; 2 ) CN AN .ANG:.E 'IO TEE L.:.:'l' OF 90 D~ 00 MTh1Jl'S 00 srnJDS, A DI~ OF 12 0 • 0 0 r ::.;;.'.!.' ; 3 ) CN AN AN:;:..E T'J !EE L:..:'.!.' OF 90 DEGt~ 00 MINUl'ES 00 ~, A DISIAN::: OF 130 . 0 0 ITE::1' TO A PJD.'1' C'N Th-::' NJRlE LINE OF SUD 'N""EST riP.."1PDEN A~ PS IT EXISTED PR.lCH TO SU:J GRP-1-t'l'S OF EAS~; ~ a-l A.N AlJ:2E !O r:--=: ?..!G::"T Of 90 J~ 00 :--.rM:..'TES 00 SrnIDS AND ALCN:; SAID ~ LINE, A DIS!.~ OF 381.00 .:.:..SI' '!O TH::: :;QINT OF Blli~, EXc:::?I', PA..:\C:=:!.S 1 TO 6, nc..vs.:vE, AS Sc.:.· :CRTH rn AND 'IEE RIGETS Ai."'ID ~ .;.s a:;w-~ 3Y S?EC!..ZU. WAR.~"!"! JED :RCM a;p!'1:,.?;L ALLIAN:E: a::M?ANY 'ID EMHPDEN c::cMPA..'rf, DA'.!.'£.l.l .JF.NU.~ttY 18, 1967 A.~ RE'C::RDED .JANJP..RY ~, 1967 !N OCC:< J.696 AT PPG: 51, PS . AMENDED BY TF..P.'.!' ~~ ~ ~ JU"NE 2, 1967 AND REC::RDD JCNE: 22., 1967 IN 3:C£< 1714 AT P.Zl.GE 338; AND .EXCE?r '!EE :c::.:..cwn~ D~ PA..=tc:::L: ( JOS!.IN :?A..~c:=:L J.ESC:<13FD IN ::ca< 17 34 ;.:: ?KZ 679) ~ING AT T;£ SX."'I'EWEST (l;R~ OF SEX:'.:'ICN 34, ~:IP 4 s:xn:s. AA.~ 68 WESl' OF r::-=-6'!E P .• ~. ; 'I'EE?x::::: 1'CR1:2!:~Y Af...(N:; Tt--..:E WZST L:NE OF SAID SEC:!CN 34, A DIS"~ OE' 68. 00 £.UJ.' TO A PJINI' CN ·~~LINE OF WEST ~EN AilFNE.; ~ ~..1.~::<l..Y AUN:; TIE ~..ID~ r..:.~, A DIS!f.N:S OF 945.65 .:....:..;.. 'IO A POINI'; ~ ~y CN AN ANS.:.2 'IO !:-:Z LE:'T c= 90 Dffi?~ 09 MD.'UI'ES 50 ~ ALCN:; 'IE ~ :uc::--r CF ~..Y L~ OF SCCT£ 2-P..'.I'! srnE=:T I A DI~...AOCE OF 485. 52 .E.:..::..T 'IO A ?JDIT; ~ ~::i-125 1 '~::<.L~ 00 AN .n..~ ::-'!O TIE Li:.=.!.' OF 45 D~ 51 fu"'NL"'TES 40 SEIJ:NDS A D:rsT.AOCZ OE' 48 • .3.3 F'=-=..'l' 'ID TE~ TRL~ ?:J.D.'r CF EEGTNN:N:;; 'I'BEN3 CIN!'INl.rDI: ~y AI,.CN; ~E 9~ a:xJRSE, A DIST'~ OF 56. 25 E !:..:.'..!.' IO A PJIN!'; T.EN:E ~y CN AN~ '!Cl 'IE;:. RIGaT C:' 90 D~ 00 .MINUI'ES A Disr.OJG OF 64. 00 : ..:...:...!. 'IO A romr; ~ ~1""'"ES..1.'.:..'{LY CN AN~ 'IO~ ~l' OF 90 D~ 00 M..TNOI':ES A DIST.~ OP l.36.00 :'~.!..' TO A PJINI' (s.ilD ro!NT ~EIN:; -~ 0. iS E'"-''' ~~y fRCM TE:.~ OF COWMN L~ T AND l.00 E'"~'..!.' ~y mo-!~ CTNrE:\. OF COUJMN LINE 54 OF 'TI-:-EUIT.UIN:;S AND L~ ~s::::E::l AND N::W BEIN; ~'l'E!J 3Y CAPITAL ALL~ a:M?.;NY) ; ~ SO:,~~y CN AN ~ 'IO TIE I..:::.:. OF 90 D~ 00 MIN..~ ALCN:i A LINE WE!C-: IS 0.75 :.:.E:.'l' ~y .:~AND P~ TO SAID CX)~ ~ T, A Disr.~ OF 273.83 :'!'..=.l' 'IO A POINT; ~ saJl'U·Jl..Sl'.!:..Q!.Y CN AN Al'G..E 'IO TE:. U::T OE' 90 :l~ 00 !'1.INL"TES A. DIST.~ OF 19 2. 25 .: .::..:...!. TO A ?:JINI'; • • • • • ~ ~y CN AN ~ 'ro 'raE LEFT OF 90 ~ 00 !-4..IID!'ES A DIS'.rAfa OF 214.83 FEET 'IO '!l-.::.: ~ rornr OF EEGmmz.:;; A?iJ E:«:::?I' 'Im: ~p£Rry ~ ID '.:..£=.. CTIY Of ~ EY DEm AND ~ RE.O:'FDEI> APRIL 14, 1969 IN EOJK 1807 Kr' P~ 713. The above legal description will be modified. as necessary upon confinnation from title company of any additional property north of Floyd Avenue or East of Elati Street previously conveyed by Cmdennak or its pred~cessors . u -·I ,,.-- EXHIBIT 1.1-B (Excluded Land) LEGAL Dcsc :RJPTION PARCEL A That part of the NE 1/4 SE 1/4 Section 33, Township 4 South, Range 68 West of the 6th PM., more particularly described as follows: Beginning at the Northeast comer of NE 1/4 SE 1/4 of said Section 33, thence South along the East line of NE 1/4 SE 1/4, 1318.35 feet, thence West at right angles. 634.35 feet, more or less, to the Easterly line of the Santa Fe Railway right of way; thence Northeast along said right of way 624. 96 feet, thence Ea.st 420 .33 feet. thence North and paralld to East line of said SE 1/4, 725.03 feet to the North line of said SE 1/4, thence East along said line to place of beginning, E.."XCEPT the East 163 feet of the South 593-32 feet thereof, heretofore platted as Franzmann-fulkerts Subdivision Amended Plat, and except the North 30 fe~t of the East 18 feet heretofore deeded to the City of Englewood. PARCEL B: The North 30 feet of Lot 10, Bk1ck 2, Franzmann-Folkerts Subdivision Amended Plat, according to the recorded Plat thereof PARCEL C: Lot 2. Block 2 , except the North 22 feet of said Lot, Franzmann-Folkerts Subdivision Amended Plat, according to the recorded Plat thereof. County of Arapahoe, State of Colorado. H:\OOCS~MM\SiUUCI. OS989.SSO djcl IS~ • • • • EXHJ:BIT 3. 2 ( i) Trademarks and Tradenames Cinderella City, Cinderella City Shopping Center, .Cinderalley, Cinderella City Shopping Mall, and all related names . 29 --· • • • COUNCIL COMMUNICATION Date Agenda Item Subject Cindermak Property Transfer August 18, 1997 11 a ii Agreement Initiated By Staff Sources Dan Brotzman, City Attorney City Council Mike Miller, Cinderella City Counsel COUNCIL GOAL AND PREVIOUS COUNCIL ACTION -- Council Goal: Economic Development Previous Action: On April 8, 1996, City Council adopted Resolution 42, Series of 1996, directing staff to pursue redevelopment of the Cinderella City site that would include, but not be limited to, 400,000 square feet of entertainment and retai l development. On that same date, Resolution 43, Series of 1996, was adopted, supporting a light rail station at the redeveloped Cinderella City site. RECOMMENDED ACTION Staff seeks Council support for the attached bill for an ordinance approving an agreement with Cindermak, transferring the Cinderella City property to the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Several years ago, the City embarked on a campaign to ensure the redevelopment of the declining Cinderella City site. The City held public forums to gather input from the community on the proposed redevelopment, and based on that input, chose a developer to begin redevelopment plans. During the last few years, negotiations have taken place with the current owners of the property for a transfer of ownership, which is of paramount importance in the redevelopment process. LIST OF ATTACHMENTS Proposed Bill for an Ordinance. Proposed Agreement ASSOCIATES INC. PROJECT SPECIFICATIONS FOR THE ASBESTOS ABATEMENT PROGRAM Al CINDERELLA CITY MALL 701 WEST HAMPDEN A VENUE ENGLEWOOD, COLORADO 80111 Prepared for : Equitable Real Estate Investment Managment 100 Peachtree Street, Suite 2300 Atlanta, GA 30303 Exhibit 4.J (a ) Specifications TABLE OF CONTENTS Page • Preface Invit ·on to Bid 1 BidFo 4 6 8 12 13 ance Bond 15 or and Material Payment Bon 17 General Conditions of the Contract 18 1.0 General Information 1 1.1 Definitions 1 1.2 Scope of Work 11 1.2.1 General Requirements 15 1.2.2 Scope 15 1.2 .3 Site Work Orders and Drawings 16 1.3 Description of Work 16 1.3 .1 Description 16 1.3 .2 Supervisory Personnel 16 1.3 .3 Asbestos-Containing Materials 16 • 1.3.4 Asbestos Sampling Results 17 1.3.5 Items Supplied by the Contractor 17 1.3.6 Restoration of the Work Area and Auxiliary Area 17 1 ., '"7 c~~!!"1~!0!1 S T_T5~ 0f Pr~mis.e~ 17 J. • .J • I 1.3.8 Meetings 18 1.3.9 Authority to Stop Job Activities 18 1.4 Applicable Standards and Guidelines 19 1.4.1 General Requirements 19 1.4 .2 Regulatory Guidelines and Sources Incorporated by Reference 19 1.5 Pre-Start Meeting 22 1.5.1 Attendance 22 1.5.2 Infonnation Provided by Contractor 22 1.6 Submittals 23 1.6.1 Submittals Prior to Commencement of Work 23 1.6.2 Issuance of Work Orders 26 1.6.3 Submittals During Abatement Activities 26 • • 2.0 3.0 • • Materials and Equip~ent 2.1 Materials 2. I . I General 2. 1.2 Removal TABLE OF CONTENTS Continued 2. I .3 Encapsulation 2.2 Equipment 2.2. I Removal and Encapsulation Preparation of Work Area 3.1 General Requirements for Preparation of Containment and Limited-Containment Work areas 3 .1 . I Isolation of Work Area/Caution Signs 3.1.2 Electric Power and Lighting 3.1 .3 Water 3. I .4 Pre-Cleaning Surfaces 3.1.5 Moveable Objects 3 .1.6 Scaffolding, Ladders, Platforms and Barricades 3 . 1. 7 Sealing Off Work Area 3 . 1. 8 Floors 3.1.9 Walls 3. l. I 0 Demolition J _ L l 1 Temporary Facilities and Related Work 3.1. I2 Contractor's Responsibility 3. 1.13 Emergency and Fire Exits 3 .1. 14 Work Area Entranceway 3.2 Preparation of Non-Containment Work areas 3 .2. I Applicability 3 .2 .2 Requirements 3.3 Worker Decontamination Enclosure System 3.3 . I General Requirements 3.3.2 Submittals Required 3 .3 .3 General Descript ion 3.3.4 Clean Room 3.3 .5 Shower Room 3.3 .6 Equipment Room Page 28 28 28 29 29 30 30 32 32 32 32 33 34 34 34 34 35 36 37 37 34 38 38 38 38 39 39 39 39 39 39 40 40 TABLE OF CONTENTS Continued • Page 3.4 Waste and Equipment Load-out Enclosure System 40 3.4.1 Large Areas 40 3.4 .2 Small·Areas 41 3.5 Maintenance of Workplace Barriers and Decontamination Enclosure Systems 41 3.5.1 Stabilizing Time 41 3.5.2 Inspections 41 3.5.3 Repair of Damage and Defects 41 3.5.4 Testing and Monitoring of Enclosure System for Leakage 41 3.5.5 Visible Residue Outside Work area 42 3.5.6 Air Sampling Outside Work area 42 3.5 .7 Ventilation Equipment 42 4.0 Removal Procedures 44 4.1 Commencement of Work 44 4.1.1 Enclosure Systems 44 4.1.2 Ventilation Systems 44 4.1.3 Submissions 44 • 4.1.4 Equipment 44 4.1 .5 Training 44 4.1.6 Written Permission 44 4.1.7 Cleaning and Isolating Work area 44 4.2 Workplace Entry and Exit Procedures 45 4.2.1 Personnel Entry and Exit Procedures for Containment and Limited-Containment Work Areas 45 4.2.2 Waste Container Load-out Procedures 47 4.3 Removal of Floor Tile and Mastic 48 4.3.1 Removal of Resilient Tile Floor Covering 48 4.4 Wet Removal of Asbestos-Containing Material 48 4.5 Handling of Asbestos-Containing Material 48 4.6 Surf ace Cleaning Following Rem.oval 49 4.7 Removal of Containerized Waste from Work Area 49 • TABLE OF CONTENTS • Continued Page 4.8 Removal of Pipe Insulation Using Glovebag Technique 49 4.8 .1 Permissible Use 49 4.8.2 Containment Requirements 49 4.8.3 Ventilation Requirements 49 4.8.4 Surface Protection 49 4.8 .5 Personnel Requirements 50 4.8.6 Respiratory Protection and OSHA Compliance Air Monitoring 50 4.8.7 Smoke Testing of Glovebag Enclosure Seals 50 4.8.8 Removal Procedures 50 4.8.9 Repairs 51 4.9 Small-Scale, Short-Duration Activities 51 4.9 .1 Permissible Use 51 4.9.2 Acceptable Procedures 52 4.9.3 Personnel Requirements 52 5.0 Clean-up for Final Clearance of Work Areas 53 5.1 General Information 53 • 5.2 Full-Containment Work Area Clean-up and Clearance 53 5.2.1 Gross Clean-up 53 5.2.2 Decontamination of T cols and Equipment 53 5.2.3 First Clean-up 53 5.2.4 First Visual Inspection 54 5.2.5 Encapsulation of Plastic Surfaces 54 5.2.6 Second Clean-up 54 5.2 .7 Notification 54 5.2.8 Second and Tertiary Visual Inspections 54 5.2.9 Encapsulation (Lock Down) of Work Surfaces 55 5.2.10 Request for Final Clearance Air Monitoring 55 5.2.11 Removal ofBarriers 55 5.2.12 Final Inspection 56 5.3 Mini-Enclosure Work Area Cleaning and Clearance 56 5.3.1 Clean-up 56 5.3 .2 Decontamination of Tools and Equipment 56 5.3.3 Comprehensive Visual Inspection 56 5.3.4 Encapsulation (Lock Down) of Work Surfaces 56 5.3.5 Request for Final Clearance Air Monitoring 57 5.3.6 Removal of Barriers 57 5.3.7 Final Inspection 57 • TABLE OF CONTENTS Continued • Page 6.0 Containment, Storage, Transportation, and Staging of Asbestos-Containing Waste Material 58 6.1 Containment o'f Asbestos-Containing Waste Materials 58 6.1.1 Containers 58 6.1.2 Large Components 58 6.1 .3 Sharp-Edged Components 58 6.1.4 Disposal Drums . 58 6.1.5 Labeling/Marking Requirements 58 6.2 Storage Requirements 58 6.2.1 Bagged Asbestos-Containing Waste Material 59 6.2 .2 Drummed Asbestos-Containing Waste Material 59 6.3 Transportation of Asbestos-Containing Waste Material 59 6.3. l Preparation of the Cargo 59 6.3.2 Handling and Loading Requirements 59 6.3.3 Chain-of-Custody 60 6.3.4 Clean-up Procedures 60 7.0 Re-establishment of the Work Area and Systems 62 7.1 Requirements for Re-establishment of Work Area 62 • 7.2 Visual Inspection 62 7.3 Additional Air Monitoring 62 7.4 Mounted Objects 62 7.5 Objects in Temporary Locations 62 7.6 Electric Systems 62 8.0 Personnel Protection Requirements 63 8.1 Training 63 8.1.1 General 63 8.1.2 On-Site Training 63 8.1.3 Emergency Response and Evacuation 63 8.2 Respiratory Protection 63 8.2 .1 General Requirements 63 8.2.2 Personally Issued Respirators 63 8.2.3 Type of Respirator 63 8.2.4 Respirator Care and Maintenance 64 8.2.5 Fit Testing 64 8.2.6 Restrictions 65 8.2.7 Additional Respirators Required for Authorize Visitors 65 • TABLE OF CONTENTS • Continued Page 8.3 Protective Clothing 65 8.3 .1 Disposable Clothing 65 8.3.2 Miscellaneous Safety Equipment 65 8.3.3 Footwear 66 9.0 Air Monitoring 67 9.1 Abatement Air Monitoring 67 9.1.1 Prior to Commencement ofWork 67 9.1.2 During Abatement 67 9.1.3 Final Clearance Air Monitoring 67 9.1.4 General Information 67 9.2 Abatement Air Monitoring by the Contractor 67 9.2.1 OSHA Compliance Exposure Monitoring 67 9.2.2 Regulatory Requirements 67 9.2.3 Air Monitoring Specialist 67 9.2.4 Minimum Requirements 67 9.2.5 Discontinuation of OSHA Compliance Air Monitoring 67 9.3 Contractor Response Actions and Contractor • Monitoring Resu lt s 68 9.3.1 Fiber Levels in Areas Outside the Work Area 68 9.3 .2 Fiber Levels Inside the Work Area 68 9.4 Clearance Air Monitoring and Analysis 69 9.4.1 Notification 69 9.4 .2 Final Clearance Air Monitoring by Phase Contrast Microscopy (PCM) and Transmission Electron Microscopy (TEM) 69 9.5 Additional Clean-up and Monitoring Requirements 70 9.5.1 Contractor's Responsibilities 70 10.0 Support Activities and Personnel 72 10.1 Site Security 72 10 .1.1 Work Area 72 10 .1.2 Entry Into the Work Area 72 10 .1.3 Log Book 72 10.1.4 Access to Work Area 72 10 .1.5 Control of Site Security 72 10 .1.6 Recordkeep ing 73 • TABLE OF CONTENTS Continued 10.2 Emergency Planning 10.2.1 Emergency Planning Development 10.2.2 Posting of Emergency Procedures 10 .2.3 Scope of Emergency Plans 10 .2.4 Employee Training 10 .2.5 Posting of Telephone Numbers 10.3 Training 10.3.1 Personnel Requiring Training 10.3.2 Minimum Training Information 10.3 .3 Training Required for Personnel 10.3.4 Qualifications of Personnel Providing Training 10 .3.5 Time Requirements 10.3 .6 Training Documentation 10.3 .7 Specific Training Requirements 10.4 Medical Monitoring 10.4.1 Personnel Requiring Medical Monitoring 10 .4.2 Minimum Medical Monitoring Requirements 10 .4.3 Examination by a Physician Page 73 73 73 73 73 74 74 74 74 76 76 76 76 76 77 77 77 77 Attachment A: Sample of Employee Certificate -Certificate of Worker Acknowledgment Appendix A: Drawings • • • • • • PREFACE Asbestos Abatement These contract documents were prepared by ATC Environmental Inc. under contract to Equitable Real Estate Investment Managment. No specific warranties or guarantees, whether expressed or implied, are made by ATC Environmental Inc. or its employees as to the use of any product, apparatus or process contained within. The specifications were developed for the specific projects at Cinderella City Mall. Any reproduction for use on any other projects may result in serious legal liabµity and life or health safety consequences. Any use of these documents outside of its intended scope of work is strictly prohibited unless prior written permission is obtained. Jo ~ect Designer Accreditation #524-82-4614 February 11, 1997 1.0 General Information 1.1 Definitions 1.1.1 Abatement: Procedures to control fiber release from asbestos containing materials. Includes removal, encapsulation, enclosure, repair, demolition, and renovation activities. 1.1.2 Accredited PCM Laboratory: Laboratory accredited by the AIHA that is qualified under the Proficiency Analytical Testing (PAT) program to count asbestos fibers with at least one person who is a qualified participant in a quality assurance program meeting the requirements of 29 CFR 1926.58. 1.1.3 Accessible Areas: All areas are considered accessible if they can be reached by the Contractor without having to remove major structural components, including walls, support beams, and flooring to access the Asbestos-Containing Material that is to be abated. 1.1.4 ACGIH: 1.1.5 AIHA: American Conference of Governmental Industrial Hygienists 6500 Glenway Avenue, Building D-5 Cincinnati, Ohio 45211 American Industrial Hygiene Association 475 WolfLedges Parkway Akron, Ohio 44311 l. 1.6 Alrloclc A system for perm itting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least three feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before one can proceed through the second doorway. This system prevents flow-through contamination. 1.1. 7 Air Monitoring : The process of measuring the fiber content of a known volume of air collected during a specific period of time. The acceptable procedures for airborne asbestos measurement by Phase Contrast Microscopy is the NIOSH 7400 Method "A" counting rules and the OSHA reference method specified in Appendix A of 29 CFR 1926 .58 . The acceptable procedure for airborne asbestos measurement by electron microscopy is the method specified in 40 CFR Part 763 Appendix A, as printed in volume 52, Number 210 of the Federal Register. I • • • • • • 1.1.8 Air Monitoring Specialist: Means a person contracted or employed to conduct air monitoring who meets the requirements of Colorado Air Quality Control Commission Regulation #8 .. 1.1. 9 Amended Water: Water to which a surfactant has been added . 1.1.10 ANSI:. American National Standards Institute 1430 Broadway New York, New York 10018 1.1.11 Asbestos : The . asbestiform varieties of serpentllllte (chrysotile), riebeckite ( crocidolite ), cummingtonite-grunerite ( amosite ), anthophyllite and actinolite-tremolite. For purposes of determining respiratory and worker protection, both asbestiform and non-asbestiform varieties of the above minerals shall be considered asbestos. 1.1.12 Asbestos-Containing Material (ACM): Material composed of Asbestos of any type in an amount greater than one percent by weight, either alone or mixed with other fibrous materials . 1.1.13 Asbestos-Containing Waste Material : Asbestos-Containing Material or asbestos-contaminated objects requiring disposal. 1.1.14 Asbestos Project Manager : An individual qualified by virtue of certification and education, designated as Equitable Real Estate Investment Management representative and responsible for overseeing the asbestos abatement project . 1.1.15 Asbestos-Related Work: Any work activity that may cause the release of asbestos fibers when asbestos-containing material is disturbed. This work activity is not related to the manufacture of asbestos-containing products. 1.1.16 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 1.1.17 Authorized Visitor : Any designated representatives of the Equitable Real Estate Investment Managment, any representative of a regulatory or other agency having jurisdiction over the project, and any persons authorized in writing by Equitable Real Estate Investment Managment as a visitor . 2 1.1.18 Certified Industrial Hygienist CC.I.H .): An industrial hygienist holding a current certification in comprehensive practice by the American Board of • Industrial Hygiene. 1.1. 19 Change Room: A room used to don clean protective clothing in areas where a full Worker Decontamination Enclosure System is not required. 1.1 .20 Clean Room: An uncontaminated area or room that is a part of the Worker Decontamination Enclosure System with provisions for storage of worker's street clothes and clean protective equipment. 1.1.21 Clearance Air Monitoring : The processes of measuring the airborne asbestos concentration to determine if an abated area is sufficiently clean to allow re-occupancy. The acceptable method using Phase Contrast Microscopy (PCM) is that described in the Colorado Air Quality Control Commission (CAQCC) Regulation #8 . The acceptable method using Transmission Electron Microscopy (TEM) is that described in the same document. Mixed cellulose ester (MCE) filters are acceptable for sample collection. 1.1.22 Competent Person : A person who is capable of identifying existing asbestos , tremolite, anthophyllite, or actinolite hazards in the workplace. The duties of the Competent Person include the perfonnance or • supervision of at the minimum the following : establishing the negative- pressure enclosure, ensuring its integrity, and controlling entry and exit from the enclosure; supervising any employee exposure monitoring required by the standard; ensuring that all employees working within such an enclosure wear the appropriate personal protective equipment, are trained in the use of appropriate methods of exposure control and use the hygiene facilities . The competent Person shall also be trained in all aspects of asbestos, tremolite , anthophyllite, or actinolite abatement; the contents of OSHA regulation 29 CFR 1926 .58 ; the identification of asbestos, tremolite, anthophyllite, or actinolite and their removal procedures; and other practices for reducing the hazards . Such training shall be obtained in a comprehensive course, such as a course conducted by an EPA Asbestos Training Center, or equivalent course. The Competent Person shall be certified at a minimum as a State of Colorado Supervisor. 1.1.23 Containment Work area : A Work area which has been sealed, plasticized and equipped with a Worker Decontamination Enclosure System, a Waste and Equipment Load-out Enclosure System and a Ventilation System . 3 • • • • 1.1.24 Contractor (or Abatement Contractor): The individual and/or business with whom it is arranged to perform the Asbestos Abatement. The Contractor is responsible for the proper completion of project activities in accordance with this contract specification even where a Sub- Contractor has been retained to perform contractual work. 1.1.25 Curtained Doorway: A device to allow ingress or egress from one room to another while permitting one-way air movement between the rooms, typically constructed by placing three layered sheets of plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top. All sheets shall have weights attached to the bottom to ensure that the sheets hang straight and maintain a seal over the doorway when not in use . Other effective designs are permissible. 1.1.26 Curtained Doorway -One Way Type : A device to allow ingress or egress from one room to another while permitting one-way air movement between the rooms, typically constructed by placing a sheet of plastic over an existing or temporarily frame doorway, securing it along the top , side and bottom of the doorway. A slit is provided in the plastic sheet and the edges are reinforced with duct tape. A second layer of plastic is placed on the work area side of each doorway and secured at the top with weights applied to the bottom. Make-up air will flow through the doorway to the work area . 1.1.27 Dark Cloth Test : A method to assess the adequacy of clean-up procedures. A dark colored cloth is dampened and wiped across the surface to be evaluated . If the cloth shows dust, the area is not cleaned. 1.1 .28 Demolition : The wrecking or taking out of any load-supporting structural ~ember of a facility. 1. 1.29 Encapsulant : A liquid material which can be applied to Asbestos- Containing Material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). 1.1.30 Encapsulation : The application of an encapsulant to Asbestos- Containing Materials to control the release of asbestos fibers into the air . 1.1.31 Enclosure : The construction of an air-tight , impermeable barrier around Asbestos-Containing Material to control the release of asbestos fibers into the air. 4 1.1.32 EPA: Environmental Protection Agency Office of Pesticides and Toxic Substances Washington, D.C. 20460 (202) 260-2902 1.1.33 Equipment Room: A contaminated area or room which is part of the Worker.Decontamination Enclosure System with provisions for storage of contaminated clothing and equipment. 1.1.34 Facility: Any institutional, governmental, commercial or industrial structure, installation or building. 1.1.35 Facility Component: Any pipe, duct, boiler, tank, reactor, turbine or furnace at or in a facility , or any structural member of a facility. 1.1.36 Fixed Object : A piece of equipment or furniture in the work area which cannot be removed from the work area or has been specified to remain in the work area during abatement. 1.1.37 Flashlight Test : A method to assess the adequacy of clean-up procedures. The area to be evaluated is darkened and a flashlight beam is directed across a horizontal surface at a very low angle. A finger is drawn across the surface and if it leaves a mark the area is not clean. 1.1.38 Friable Asbestos : Asbestos-Containing Material that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously non-friable material after it becomes damaged to the extent that when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure. 1.1.39 Glovebag Technique : A method for removing friabie Asbestos- Containing Material from HV AC ducts, short piping runs, valves, joints, elbows, and other non-planar surfaces within a self-contained bag enclosure. The glovebag assembly is a manufactured or fabricated device consisting of a glovebag (typically constructed of 6-mil transparent polyethylene or polyvinylchloride plastic), two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste . The glovebag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process. All workers who are permitted to use the Glovebag Technique must be trained, experienced and skilled in this method . 1.1.40 HEP A Filter: A high efficiency particulate air filter capable of removing • • particles 0 .3 microns or larger in diameter with 99 .97 percent efficiency . • 5 • • • 1.1.41 HEPA Vacuum: A vacuum system equipped with HEPA filtration. 1.1.42 Holding Area: A secured area adjacent to the Waste and Equipment Load-out Enclosure System located in an uncontaminated area. It may be used. for temporary storage of waste prior to disposal. 1.1.43 Inaccessible Areas: All areas that can not be reached without first removing major structural components, including walls, support beams, and flooring in order to access the Asbestos Containing Material located in those areas. 1.1.44 Laboratory Air Sample Analyst : A person employed to perform analysis by a laboratory accredited by the AIHA that . is qualified under the Proficiency Analytical Testing (PAT) program to count asbestos fibers and is a current participant in such PAT program or a person who is a qualified participant in a Quality Assurance Program meeting the requirements of 29 CFR 1926.58 . 1.1.45 Limit of Detection : The number of fibers required to be found on the filter by the prescribed analytical technique that is sufficient to determine that fibers, as defined by The NIOSH 7400 Method "A" counting rules, are present in the air samples. For sample analysis by PCM, 5.5 fibers per I 00 fields (per Walton-Beckett Graticule) is the limit of detection. 1.1.46 Mini-Containment : An isolated or controlled access work area typically used with glovebagging. The area is equipped with a Worker Decontamination Enclosure System connected directly to the work area. A Waste and Equipment Load Out Enclosure System is recommended. This area is equipped with a Ventilation System providing fresh air from outside the work area. 1.1.47 Movable Object: A piece of equipment or furniture in the work area which can be removed from the work area and is not specified to remain . 1. 1.48 MSHA: The Mine Safety and Health Administration 4015 Wilson Boulevard Arlington, Virginia 22203 1.1.49 NESHAPS: The National Emission Standards for Hazardous Air Pollutants ( 40 CFR Part 61 ). 1.1.50 NIOSH: The National Institute for Occupational Safety and Health CDC-NIOSH Building J, N .E., Room 3007 6 Atlanta, Georgia 30333 1.1.51 Non-Containment Work area: An isolated or controlled access, naturally ventilated work area which may be plasticized. 1.1.52 On-Site Air Sample Analysis: On-Site evaluation (counting) of airborne asbestos samples by an On-Site Air Monitoring Specialist. 1.1.53 OSHA: The Occupational Safety and Health Administration 200 Constitution Avenue Washington, D .C. 20210 1. 1. 54 Outside Air: The air outside buildings and structures or the air outside a work area where abatement is being performed. . 1.1.55 Permissible Exposure Limit (PEL): An airborne concentration of asbestos -chrysotile, reibeckite, anthophyllite, cummingtonite-grunerite, actinolite-tremolite, or any combination of these minerals greater than or equal to 5 microns -of 0.1 fibers per cubic centimeter (flee) calculated as an eight (8) hour time -weighted average . 1.1.56 Phase Contrast Microscopy (PCM): Optical analytical method for • determining fiber concentrations in air . The acceptable methods are the • NIOSH 7400 Method "A" counting rules and the OSHA Reference Method OSHA 1926 .58, Appendix A. 1.1.57 Physician's Written Opinion : A written op1mon from the exammmg physician that shall include : • • • His opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to Asbestos chrysotile, riebeckite, anthophyllite, cummintonite-grunerite, or actinolite-tremolite. Any recommended limitations on the employee or on the use of personal protective equipment such as respirators, and A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from Asbestos - chrysotile, riebeckite, anthophyllite, cummingtonite- grunerite, or actinolite-tremolite . 7 • • • • 1.1.58 Plasticize: To cover floors, ceilings and walls with plastic sheeting as herein specified . 1.1.59 Polarized Light Microscopy <PLM): An optical method used to analyze bulk or wipe samples that uses polarized light or dispersion staining. 1.1.60 Prior Experience: Experience required of the Contractor on asbestos projects of similar nature and scope to insure capability of performing the Asbestos Abatement in a satisfactory manner. Similarities shall be in areas related to material composition, project size, abatement methods required, number . of employees, and the required engineering, work practice and personal protection controls . 1.1.61 Removal : The stripping of any Asbestos-Containing Materials from surfaces or components of a facility. 1.1.62 Renovation: Altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded . 1.1.63 Seal (Sealing): The fonnation of an air tight connection between a work area and the environmental outside of the work area. 1.1.64 Secondary Containment: A fixed or moveable, sealed and plasticized enclosure surrounding the immediate region where glovebagging operations are being conducted that is equipped with a one-way means for air entry, a HEP A filtered exhaust system and at least a Change Room. 1.1.65 Shower Room : A room between the Clean Room and the Equipment Room in the Wo rke r Decont amination Enclo s ure System with hot and cold running water controllable and adjustable at the tap and suitably arranged for complete showering during decontamination. 1.1.66 Small-Scale, Short Duration Activities: Activities involving the removal or disturbance of a limited amount of fiiable ACM using wet methods and various abatement methods singly or in combination (e .g . , glovebags, mini enclosures) provided that work exposure to airborne asbestos does not exceed the Maximum Allowable Asbestos Level (MAAL) as defined in Colorado Air Quality Control Commission Regulation #8 . 1.1.67 Staging Area : An area adjacent to the Waste and Equipment Load-Out Enclosure System, where containerized Asbestos-Containing Waste has been placed prior to removal from the work area. It has facilities to clean 8 the container holding the waste before it is passed out through the Waste and Equipment Load-Out Enclosure System. 1.1.68 Strip : To take off friable Asbestos-Containing Materials from any part of the facility. 1.1.69 Structural Member: Any load-supporting member of a facility (such as a beam or a load-supporting wall). 1.1. 70 Surfactant: A chemical-wetting agent added to water to improve penetration. A Surfactant consists of a fifty/fifty (50/50) mixture of polyoxyethylene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of one ( 1) fluid ounce to five ( 5) gallons of water or as specified by the manufacturer. (An equivalent Surfactant shall be understood to mean a material with a surface tension of twenty-nine (29) dynes/cm2 as tested in its properly mixed concentration using ASTM method D1331-56-"Surface and Interfacial Tension of Solutions of Surface Active Agents"). Addition of ethylene glycol in amounts sufficient to prevent freezing is permitted where work area temperature may cause freezing of the amended water solution. 1.1.71 Tenant Walls: Any walls on any floor that are not structural walls. • 1.1.72 Time Weighted Average (TWA): The TWA for Asbestos is an eight -• hour time weighted average airborne concentration of fibers longer than five (5) microns. The TWA is expressed in terms of the number of these fibers per cubic centimeter of air. 1.1. 73 Type "C" Respirator: A pressure-demand or continuous flow, supplied air respirator with a full facepiece. For this specification, Type C respirators shall be the pressure-demand type equipped with HEP A disconnect capability or an escape air supply . 1.1.74 UL: The Underwriters Laboratories 333 Tfingften Road Norfolk, Illinois 60062 1.1. 75 Ventilation System: A portable exhaust system equipped with HEPA filtration and capable of maintaining a negative pressure of at least -0.02 inches of water and a constant low air flow into the work area from adjacent uncontaminated areas while changing the air in the work area at least four ( 4) times each hour. 1.1. 76 Visible Debris : Any particulate material or residue that is visually detectable on a surface without the aid of instruments. • 9 • • • 1.1. 77 Visible Emissions: Any enuss1ons contammg particulate asbestos material that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor. 1.1.78 Waste and Equipment Load-Out Enclosure System: A decontamination system used for transferring containerized waste or equipment from inside to outside of the work area. It consists of three Airlocks in series separated by Curtained Doorways. The center Airlock has facilities for washing the waste/equipment which is removed. 1.1. 79 Wet Cleaning: The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops or other cleaning utensils, which have been dampened with water and afterwards thoroughly decontaminated or disposed of as Asbestos-Contaminated Waste Material. The cleaning is performed by wiping the area with a wet cloth, folding in the contaminated side of the cloth to expose a clean surface of the cloth, wet wiping with the newly exposed surface of the cloth and discarding the cloth as Asbestos-Contaminated Material. 1.1.80 Wipe Sampling: A sampling method used to determine if asbestos is present on surfaces. Samples are collected by pressing an adhesive material onto substrate surfaces or by gently wiping a mixed cellulose ester filter across the surfaces . Analysis is by Polarized Light or Electron Microscopy. 1.1. 81 Work Area: Designated rooms, spaces or areas of the project in which Asbestos Abatement actions are to be performed or which may become contaminated as a result of such abatement actions . 1.1. 82 Worker Decontamination Enclosure System : A decontamination system consisting of a Clean Room, a Shower Room and an Equipment Room separated from each other and from the Containment work area by Curtained Doorways and Airlocks or by a rigid outside door to the Clean Room. This system is connected directly to the work area and is used for controlled passage and decontamination of workers, other personnel and authorized visitors . 10 1.2 Scope of Work 1.2.1 General Conditions 1.2 .1.1 1.2.1.2 1.2.1.3 The Contractor shall be required to comply with the following general requirements prior to start up of work. Intent: These general conditions are applicable to all work described in the technical specifications herein and shown on the drawings attached hereto. Equitable Real Estate Inves~ment Managment (Equitable) intends with this contract, to remove designated asbestos containing materials at The Cinderella City Mall with exception of resilient floor coverings and associated mastics as well as any asphalt roofing products. Location of Wark: Cinderella City Mall A. The site of the Project is Cinderella City Mall ( 1) Location -Englewood, Colorado Auxiliary Services : A. Electrical Energy The Contractor shall be responsible for providing a 480 V 3 0 power panel with GFCI outlets . Installation will be conducted by a certified, licensed electrician. B . Water Potable water will be available in reasonable quantities for use by the Contractor. C . Telephone The Contractor will be responsible for making all arrangements to provide telephone service to site. D. Installation All temporary electrical, water, telephone and other equipment and facilities installed by the Contractor shall be installed in a manner so as not to create a hazard to personnel and equipment. 11 • • • • 1.2.1.4 • 1.2 .1.5 • Contractor Facilities: A. Office Office space is available for the Contractor's use. Any special office space required is to be provided by the Contractor. The location for a trailer will be designated by the Owner. B . Disposal and equipment trailer locations will be designated by the Owner. C . Toilets Restrooms facilities located at the project site may be utilized by the Contractor. Permanent showers within the location are not to be used by the Contractor. D. Removal The facilities provided by the Contractor must be removed after the Contractor has completed the work or at such earlier time as requested by the Owner. Coordination : A. The Contracto r shall recognize that the work described herein may be conducted with other Contractors and in an occupied building. As such, the Contractor shall comply with the following requirements: ( 1) Shall coordinate and schedule its storage of materials, order of construction, and completion of activities through the Owner's representative and with the General Contractor. (2) Select order of work and establish schedule of working hours for construction, subject to approval of the Owner . 12 1.2.1.6 (3) The Contractor shall cooperate with the Owner and the Owner's Representative. B. The Owner will control access to the site: ( 1) The Contractor's employees parking will be limited to a designated area. (2) The Contractor shall abide by rules and regulations established by the Owner for the site. (3) The Contractor's employees shall be restricted to their area of work and will not be permitted to enter adjoining or other areas without_ authorization by the Owner. Submittals to the Owner: Unless otherwise stipulated in the Specifications, the Contractor must submit to the Owner the following material : A. Work Schedules(to be completed by bidder) Abatement activities are scheduled to commence on May 19, 1997. NOTE : The following identifies the schedule expected for the Contractor to complete the work: (1) May 19, 1997 -Mobilization, equipment and decontamination system set-up, material delivery, set-up preparation for the restricted and negative pressure critical area. - (2) The abatement effort will be complete by the indicated date including clearance air sampling as required. (3) May 19, 1997 through the indicated date -Complete asbestos material packaging, final area clean-up, equipment and decontamination unit removals, restricted and critical area disassembles, demobilization and return of appropriate finishes to original state. 13 • • • I r r• ! •• •• 1.2.1. 7 (4) The Contractor shall submit two (2) copies of the detailed Schedule to the Owner with the bid proposal. (5) The Contractor shall revise the Schedule as necessary to reflect field changes and revised project planning resulting from schedule slippage or revised project strategy. B. Contract Price Breakdown ( 1) With the bid proposal, the Contractor shall submit to the Owner, for approval, a breakdown of the bid price into labor, material and tax. (2) With the bid proposal, the Contractor shall submit to the Owner for approval, a breakdown of the bid price into mobilization, preparation and set-up, removal, final cleaning, demobilization and disposal. (3) It is understood that the Contractor's quoted price identifies the total cost of abatement for the removal of all asbestos containing material at the project site. The only exceptions to this are resilient floor coverings and associated mastics as well as asphaltic roofing materials . The bidder is required to field verify the ACM at the site and provide a not-to-exceed cost for removing all of these materials. No change orders wiil be issued for this project. C . (1) Plans for construction, including materials and layout shall be submitted as shop drawings in writing with the bid proposal . The Contractor shall submit for review a detailed plan of action including but not limited to proposed work shifts and crew size, outline of proposed work practices and procedures and a detailed bar chart schedule of activities from mobilization through demobilization . 14 1.2.2 Scope This specification covers the Abatement of Asbestos-Containing Material • from building structures and components located at The Cinderella City Mall in Englewood, Colorado. In addition, this specification covers selective Demolition to access asbestos containing materials specified for removal .. Also, this specification covers the packaging and disposal, transportation and staging Asbestos-Containing Materials removed from the site as a result of abatement activities . It is the intent of this document to provide a description of methods and procedures to be utilized in the execution of each i~dividual work area. The scope of work will describe the approximate nature of the work to be performed, recommended and/or required abatement methods, estimated quantities, and will reference applicable drawings and other documents. In all cases, the work detailed in each work area shall be performed in accordance w1th these specifications. Equitable Real Estate Investment Managment, hereafter referred to as the Owner, and ATC Environmental Inc ., hereafter referred to as the Owner's Representative, reserve the right to provide the Contractor variances in its specification in response to unforeseen conditions. Variances shall be presented in writing to the Contractor. 1.2.3 Description This specification covers the abatement of the following asbestos • ntaining materials at The Cinderella City Mall. Throu Thermal sys *Floor tile and Exterior of Mall Transite cooling towers window toe plates Transite penthouse si *Roofing materia ire proofing Decorative acoustical spray-on ceiling texture 15 8, 7 ttings ,000 Square Feet 4,000 Square Feet 24,000 Square Feet 65,000 Square Feet • • • 1.3 • West Mall Fire proofing Wall texture Ceiling tile East Mall Fire proofing Linoleum J.C. Penney Tank insulation Duct Insulation Montgomery Ward **Drywall, mud and tape 18,700 Square Feet 1,000 Square Feet 2,500 Square Feet 9,800 Square Feet 2, 400 Square Feet 60 Square Feet 3 25 Square Feet 50,000 Square Feet **These materials are to be bid as alternate #2 1.2.4 Work Orders and Drawings See Appendix A. Description of Work 1.3.1 Description The work specified herein shall be the removal and disposal of Asbestos- Containing Material by persons trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of Asbestos-Containing and Asbestos-Contaminated Materials and includes the cleaning of contaminated areas and re-establishment of the work areas. This work shall be performed using applicable federal, state and local regulations as guidance and be performed by workers who are deemed competent to perform the work of this contract. 1.3.2 Supervisory Personnel The Contractor shall designate a Competent Person to supervise the abatement activities, as defined in Section 1.1.24 . The Contractor shall provide a listing of the qualifications of each person to the Owner's Representative for approval . 16 1.3.3 Asbestos-Containing Materials As described in the work plan, there is asbestos-containing material in • various quantities and condition throughout the work area. The Contractor is responsible for assessing the quantity of Asbestos-Containing Material to be removed in each work area (or phase) of the project. The quantities of ACM shown in each work area are preliminary estimates. 1.3.4 Asbestos Sampling Results Representative samples of the Asbestos-Containing Material designated for removal under these specifications have been collected and analyzed . A line item listing of Asbestos-Containing Materials is available for each work area. 1.3.5 Items Supplied by the Contractor The Contractor shall supply all labor, materials , services, insurance, permits, notifications and equipment necessary to carry out the work in accordance with all applicable guidelines and specifications presented in this document. 1.3.6 Restoration of the Work Area and Auxiliary Areas The Contractor is responsible for restoring the work area and auxiliary areas used during abatement to conditions equal to or better than original . Any damages caused during the performance of abatement activities shall be repaired by the Contractor. Reimbursement for this work will be as specified on the bidder's price sheet, except where damage is cause by negligence . Negligent damages will be repaired by the contractor at no additional expense to the Building Owner and may be deducted from the contract amount. 1.3. 7 Contractor's Use of Premises 1.3 .7 .1 The Building Supervisor and building operations personnel may occupy the site and the existing building during the entire abatement work period . The Contractor shall cooperate fully with the Building Supervisor during the project to coordinate building usage schedules . The Contractor shall perform the work so that he does not interfere with building operations. 17 • • • 1.3.8 • 1.3.9 • 1.3.7 .2 1.3 .7.3 1.3.7.4 1.3 .7.5 Meetings The Contractor and his employees shall comply with the Building Supervisor's security and operational regulations and cooperate with their personnel. The Contractor shall keep existing entrances serving the premises clear and available at all times. The Contractor shall not use these areas for storage or materials . Operations staging areas and areas for disposal/pick-up of work items are limited; designated areas will be assigned to the Contractor. The Contractor shall prohibit his employees from smoking in areas throughout the building . The Contractor shall attend initial job and regularly scheduled meetings with the Owner's Representative and the Building Owner. These meetings shall include : review of overall project status and work schedules ; memorandum on required coordination, activities, notices and reports ; reporting unusual events and accidents; submission of technical data on materials , products, personnel, governing regulations, and safety equipment required by this specification; inspection and testing requirements; purchases and deliveries; space and access limitations, manufacturer recommendations ; compatibility of materials; acceptability of substitutes; possible conflicts and compatibility problems ; and performance requirements. The Contractor shall also keep the Owner's Representative and the Building Supervisor advised of all Contractor activities during the project. The Building Supervisor or Owner's Representative shall have the right to restrict the Contractor's work to comply with proper operation and function of the building . Authority to Stop Job Activities The Owner's Representative shall have the authority to stop any job activities that are not being performed satisfactorily or in accordance with applicable guidelines and the requirements of this specification, without additional charges by the Contractor to the Building Owner. This shall not relieve the Contractor from liability for violating these regulations or guidelines . The Owner is relying on the Contractor's expertise in the abatement of Asbestos-Containing Materials. The Contractor shall be 18 responsible for knowing applicable regulations, guidelines, and contract specifications and shall, at all times, comply with them. 1.4 Applicable Standards and Guidelines 1.4.1 General Requirements 1.4.1.1 1.4.1.2 1.4.1.3 1.4.1.4 All work under this contract, and any other trade work done in conjunction with the abatement, shall be done in strict accordance with all applicable regulations, standards, and codes governing asbestos abatement, transportation and disposal. The most recent edition of any relevant federal, state or local regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these specifications exists, the most stringent requirements shall be used. The Contractor shall have copies of all standards, regulations, codes, and other applicable documents (including this document and those listed in Section 1.4.2) available at the work site in an area assigned to the Contractor throughout the duration of this project. In the event of a contradiction between these specifications and the job-specific requirements stated in the scope of work, the most stringent overall requirements shall be used . It is the responsibility of the Contractor to request clarification on any items that present conflicts. 1.4.2 Regulatory Guidelines and Sources Incorporated by Reference 1.4.2.1 Occupational Safety and Health Administration (OSHA) 1.4.2 .1.1 Title 29 Code of Federal Regulations Section 1910-13 4-Respiratory Protection. 19 • • • • 1.4 .2 .2 • • 1.4.2 .1.2 Title 29 Code of Federal Regulations part 1926 - construction Industry . 1.4.2.1.3 Title 29 code of Federal Regulations Section 1910 .20 -Access to Employee Exposure and Medical Records . 1.4.2 .1.4 Title 29 Code of Federal Regulations Section 1910-1200 -Hazard Communication. 1.4.2.1.5 Title 29 Code of Federal Regulations Section 1910-1001 and Section 1926.58 -Occupational Exposure to Asbestos, Tremolite, anthophyllite, and Actinolite; Final Rule . 1.4 .2 .1.6 Title 29 Code of Federal Regulations Section 1910-145 Specifications for Accident Prevention Signs and Tags . Environmental Protection Agency (EPA) 1.4 .2.2 .1 Title 40 Code of Federal Regulations Part 61 Subparts A and M (Revised Subpart B) - National Emission Standard for Asbestos . 1.4.2.2.2 Title 40 Code of Federal Regulation Part 302.14 -List of Hazardous Substances and Reportable Quantities . 1.4.2.2.3 Title 40 Part 763, Subpart G of the Code of Federal Regulations , Asbestos Abatement Projects: Worker Protection Rule . 1.4.2 .2.4 Title 40 Part 763, Subpart E of the Code of Federal Regulations, Asbestos Hazard Emergency Response Act. 1.4.2 .2 .5 Title 40 Part 763 , Subpart E, Appendix C of the Code of Federal Regulations, Training Requirements of the AHERA Regulation: ACM in Schools, Final Rule and Notice. 1.4.2 .2.6 Title 40 part 61, Subpart A and Subpart M (Revised Subpart B) of the Code of Federal Regulations, National Emission Standard for 20 1.4.2.3 1.4.2.4 1.4.2.5 1.4.2.6 Hazardous Air Pollutants (NESHAPS): National Emission Standard for Asbestos. Department of Transportation (DOT) 1.4.2.3 .1 Title 49 Code of Federal Regulations Part 172- 101 -Hazardous Materials Table (Part 172, Subpart B, Appendix A). 1.4 .2 .3.2 Title 49 code of Federal Regulations Part 173.216 Asbestos, Blue, Brown or White. 1.4.2 .3.3 Title 49 Code of Federal Regulations Part 176 Carriage by Vessel. 1.4.2 .3.4 Title 49 Code of Federal Regulations Part 173 .24 General Requirements for Packaging and Packages . American National Standards Institute (ANSI) Publications 1.4.2.4.1 ANSI Z41.1 -1967 Safety Shoes • 1.4 .2.4 .2 ANSI Z9 .2-1979 Fundamentals Governing the • Design and Operation of Local Exhaust Systems. 1.4 .2.4 .3 ANSI 287.1-1979 Protective Eyewear. 1.4 .2.4.4 ANSI 288 .2-80 Practices for Respiratory Protection 1.4 .2.4 .5 ANSI 289.1-1981 Hard Hats Resilient Floor Cover Institute, Recommended Work Practice for the Removal of Resilient Floor Coverings, 1990 . State Codes and Regulations State requirements that govern asbestos abatement work or transportation and disposal of asbestos waste materials include, but are not limited to State of Colorado, Department of Health, Air Quality Control Commission Regulation No. #8 . 21 • • • • 1.4.2.7 EPA Guidance Documents EPA guidance documents which discuss asbestos abatement work or transport and disposal of asbestos waste materials are listed below for the Contractor's information only. These documents do not describe the Werk and are not a part of the Werk for this contract. 1.4 .2. 7 .1 Guidance for Controlling Asbestos-Containing Material in Buildings (Purple Book) EPA 560/5- 85-024 . 1.4 .2. 7.2 Friable Asbestos-Containing Materials · in Schools : Identification and Notification Rule (40 CFR Part 763). 1.4 .2. 7.3 Evaluation of the EPA Asbestos-in-Schools Ident ification and Not ification Rule, EPA 560/5- 84-005. 1.4 .2. 7.4 Asbestos m Buildings : National Survey of Asbestos-Containing Friable Materials, EPA 560/5-84-006 . 1.4 .2.7 .5 Asbestos in Buildings : Guidance for Service and Maintenance Personnel, EPA 560/5-85-018. 1.4 .2.7.6 Asbestos Waste Management Guidance, EPA 530-SW-85-00 7. 1.4.2 . 7 . 7 A Gu ide to Respiratory Protection for the Asbestos Abatement Industry, EPA 560-0PTS- 86-001. 1.5 Pre-Start Meeting 1.5.1 Attendance The Contractor and supervisory personnel who provide on-site direction of the abatement activities must attend an initial job meeting prior to start up of contract work. The Building Owner and Owner's Representative will be present at this meeting . 22 1.5.2 Information Provided by the Contractor Three (3) work days prior to this meeting, the Contractor shall provide all submittals as required in Section 1.6. In addition, he shall be prepared to provide detailed information concerning: 1.5.2.1 1.5 .2 .2 1.5.2.3 1.5.2.4 1.5 .2.5 1.5 .2.6 1.5.2. 7 1.5 .2 .8 1.5.2.9 1.5.2.10 1.6 Submittals Preparation of the work area . Personal protective equipment including respiratory protection and protective clothing. Employees, including the competent Persons, who will participate in the project, including delineation of experience, training, and assigned r~sponsibilities during the project. Decontamination procedures for the abatement personnel, work area and equipment. Abatement methods and procedures to be used. Required air monitoring procedures and sampling protocols including the designation and qualifications of the Air Monitoring Specialist and if on-site counting is to be performed, the qualifications of the On-Site Air Monitoring Specialist. Procedures for handling and transporting waste materials . Procedures for final decontamination and clean-up . Procedures for dealing with heat and cold stress . Emergency procedures. 1.6.1 Submittals Prior to Commencement of Work The Contractor shall provide all required submittals to the Owner no later than three (3) calendar days prior to the pre-start meeting, unless specified otherwise in this Section. Two (2) copies of each submittal shall be submitted in one completely marked and coordinated package. Piecemeal submittal of data is not acceptable and such submittals will be returned without review . 23 • • • 1.6.1.1 • 1.6.1.2 • 1.6.1.3 1.6.1.4 1.6.1.5 • The Contractor shall submit documentation that the Contractor's employees, including foremen, supervisors and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received adequate training that includes, at a nururnum, information in Section 10 .3 of this document. The Contractor shall submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos in excess of the background level have been medically monitored to determine whether they are physically capable of working while wearing the required respirator without suffering adverse health effects. In addition, the Contractor shall document that his asbestos abatement personnel have received medical monitoring as required in OSHA 29 CFR l 926 .58(m). The documentation shall be in the form of a Physician's Written Opinion. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the work place environment that may have impact on the employee's ability to perform work activities; a copy of OSHA 29 CFR 1926, 58 with Appendices D, E and I, as well as a description of the affected employee's duties as they relate to the employee's exposure; the employee's representative exposure level or anticipated exposure level, a description of any personal protective and respiratory equipment used or to be used; and information from previous medical examination of the affected employee that is not otherwise available to the examining physician. The Contractor shall submit manufacturer's certification that HEP A vacuums, ventilation units, and other local exhaust ventilation equipment conform to ANSI Z9 .2-79. When rental equipment is to be used in abatement areas, or to handle or transport Asbestos-Contaminated Waste Material, the Contractor shall submit to the rental agency a written notification concerning the intended use of the rental equipment. A copy of this written notification shall be submitted. The Contractor shall document NIOSH or MSHA approvals for all respiratory protective devices used on site . 24 1.6.1.6 1.6.1.7 1.6 .1.8 The Contractor shall include manufacturer certification of HEP A filtration capabilities for all cartridges and filters. The Contractor shall submit a written respiratory protection program meeting the requirements of OSHA 29 CFR 1910 .134 (b) (d) (e) and (f), documentation of respirator fit- testing for all Contractor employees and agents who must enter _the work area wearing respirators. This fit-testing shall be in accordance with procedures as detailed in OSHA 29 CFR 1926 .58 (h) ( 4). • The Contractor shall submit information for all the material and equipment he proposes to furnish for performance of contract work . The submittal for each manufactured item supplied by the Contractor shall include product samples, manufacturer's name, trade name, catalog number, size, specificat ion reference, applicable federal and military specificat ion references , and all other information necessary to establish contract compliance . For encapsulants to be used in abated areas and any other materials brought on-site by the Contractor that are considered as hazardous • materials under 29 CFR 1910, 1200, the Contractor shall submit Material Safety Data Sheets (MSDS). The Contrac t or sh all provi de proof that his materials conform to the requirements and standards of organization such as the American Society for Testing Materials (ASTM) and the Underwriters Laboratories (UL). The label or listing of the specified organization will be acceptable evidence . In lieu of the label or listing, the Contractor shall submit a notarized certificate from an approved independent testing organization adequately equipped to perform such services stating that the item has been tested in accordance with the specified organization's standards or codes . A notarized certificate from the manufacturer shall be furnished for materials from organizations using their own listing or label as proof of compliance . This notarized certificate will state that the material complies with the applicable referenced standard or specification. 25 • • , •• ' • 1.6.1.9 1.6 .1.10 1.6 .1.11 The Contractor shall provide certification that the tested material and/or equipment is of the same type, quality, manufacture, and make as that proposed to be supplied. Where installation procedures or any part thereof are required to be in accordance with the recommendations of the manufacturer of the material being installed, the Contractor shall furnish printed copies of these recommendations prior to installation. Installation of the item will not be allowed to proceed until the recommendations are received. Failure to furnish these recommendations can be a cause for rejection of the material . The Contractor shall submit an emergency evacuation plan for approval prior to the commencement of work. This plan shall include consideration of containment failure, fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces and heat and cold related injury. The plan shall include provisions that in non-life threatening situations, the injured or incapacitated employee shall decontaminate following normal procedures, with assistance from co-workers, if necessary, before exiting the work area to obtain proper medical treatment. In life threatening situations, worker decontamination shall take least priority. After measures to stabilize the injured worker are taken, the injured worker should be moved from the work area in accordance with directions from a qualified emergency person or a physician, and secure proper medical treatment. 1.6.2 Issuance of Work Orders 1.6 .2.1 1.6.2.2 The Owner shall discuss with the contractor the expected schedule for abatement activities by facility. The Owner shall retain the right to alter the schedule by re-prioritizing the order in which the facilities will be abated. The Owner shall issue a Work Order for the facility requiring abatement. The Work Order shall identify expected Contractor work start and completion times. Variances in times will require discussions with and written approval by the Owner. 26 1.6.2.3 The Contractor shall submit shop drawings for layout of work areas, Worker Decontamination Enclosure Systems and barriers for isolation as detailed in this specification. 1.6.3 Submittals During Abatement Activities 1.6.3 .1 1.6.3.2 1.6 .3 .3 1.6 .3.4 1.6.3 .5 1.6.3 .6 The Contractor shall submit daily job progress reports detailing abatement and disposal activities . In the job progress reports, the Contractor shall include information on the review of progress with respect to previously established milestones and schedules, major problems and action taken, injury reports, equipment breakdown, and bulk material and personnel air sampling results . The Contractor shall submit daily copies of work site entry logbooks with infonnation on worker and visitor access. The Contractor shall submit daily logs documenting filter changes on respirators , HEP A vacuums, ventilation units, and other engineering controls . The Contractor shall submit results of material test conducted during the abatement, for use during the abatement activities (e .g ., testing of encapsulation for depth of penetration, testing of substitute materials, such as spray- on fireproofing, for adherence to encapsulated surfaces). The Contractor shall submit copies of chain-of-custody records for all loads of Asbestos-Containing Waste Material removed from the abatement site and transported to the disposal site. The fonnat shall include a chain-of-custody form with the name and number of the Building, Work Order Number, the Owner's name and address, the Contractor's name and address, as well as the estimated or actual quantity of Asbestos-Containing Waste material in cubic yards and the number and type of containers used . The fonn shall be signed and dated by the Contractor. The Contractor shall submit daily OSHA compliance air monitoring results prior to the start of the next shift. END SECTION 27 • • 2.0 Material and Equipment • 2.1 Materials 2.1.1 General 2.1.1.1 . 2.1.1.2 2 .1.1.3 • 2.1.1.4 2.1.1.5 2.1.1.6 • The Contractor shall deliver all material in original packages, containers or bundles bearing the name of the manufacturer and the brand name (where applicable). Materials shall be properly stored and adequately protected and carefully handled to prevent damage before and during installation. Material shall be handled, stored, and protected in accordance with the manufacturer's recommendations. The Contractor shall store all material subject to damage off the ground, away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. The Contractor shall store replacement materials outside of the work area until abatement is completed. The Contractor shall not use damaged, deteriorating or previously used materials. The Contractor shall remove these materials from the work site and dispose of them properly. Damaged or defective items shall be replaced at not cost to the Building Owner. Materials shall be essentially the standard catalogued products of manufacturer's regularly engaged in production of such materials or equipment and shall be the manufacturer's latest design that complies with the specification requirements. Materials shall essentially duplicate items that have been in satisfactory commercial or industrial use at least two (2) years prior to bid openings. Polyethylene sheeting used for Worker Decontamination Enclosure Systems shall be opaque, and white in color. The Contractor shall specify the special materials required to protect objects in the work area (e.g., plywood over carpeting or hardwood floors to prevent damage from scaffolds and falling materials) . 28 2 .1.1. 7 2 .1.1.8 2.1.1.9 2.1.1.10 2.1 .2 Removal The Contractor shall use 6-mil polyethylene disposal bags, pre-printed with labels as required by EPA 40 CFR 61 .152 (b) (i) (iv) or OSHA 29 CFR 1926.58 (k) (2). The Contractor shall use disposal drums made out of metal or fiberboard with locking ring tops, if applicable. The Contractor shall use stick-on labels as per OSHA requirement 29 CFR 1926.58 (k) (2) for disposal drums . The Contractor shall post warning sign as required by OSHA 29 CFR 1926 .58 (k) (1). The Contractor shall apply a surfactant (wetting agent) to all ACM prior to removal to assist in reducing the release of asbestos fibers to the work area. The surfactant shall be used according to the manufacturers specifications . 2 .1.3 Encapsulation The Contractor shall submit Material Safety Data Sheets to the Owner's • Representative prior to the application of any encapsulant. (It will be • necessary to test the adhesion if new material is to be applied to the encapsulated substrate. Some manufacturers of replacement materials will not provide a material warranty on products applied over painted, encapsulated or otherwise coated surfaces). Encapsulants used by the Contractor shall conform with the following characteristics : 2 .1.3.1 2 .1.3.2 2.1.3 .3 2.1.3.4 Encapsulants shall not be solvent-based, or shall not use a vehicle (the liquid in which the solid parts of the Encapsulant are suspended) consisting of hydrocarbons. Encapsulants shall not be flammable . Bridging-type encapsulants shall provide a nurumum dry film thickness of 0 .010 inch. If insulation or acoustical materials are to be reapplied to the abated area, the encapsulant selected must pennit adhesion to the substrate. The Contractor shall select and test a small representative area before application. 29 • • • • 2.2 Equipment 2.2.1 Removal and Encapsulation 2.2.1.1 2.2.1.2 The Contractor shall provide a sufficient supply of disposable mops, rags , and sponges for work area decontamination. Unless specified elsewhere, the Contractor shall use a sufficient quantity of ventilation units equipped with HEP A filtrati _on and operated in accordance with ANSI Z9 .2-79 (local exhaust ventilation requirements) and the U .S. EPA Guidance document (Guidance for Controlling Friable Asbestos-Containing Materials in Buildings, Appendix J, EPA 560/5-85-024) to provide minimum of four (4) work area air changes per hour . Total air flow requirements will be calculated using the following formula: Total ft:3/min =Vol of Work area (ft:3) 15 min The number of units needed for the abatement will be calculated using the following formula, in which the presumed capacity of each unit shall be no greater than 75% of the manufacturers maximum flow rating : Number of units needed= Total air flow needed ~ft:3/min) Capacity of unit (ft /min) Reserve ventilation units, in excess of the units needed in the above equation, will be required to also be installed according to the following guideline -a minimum of 1 unit ·or 10% of the units, whichever is greater. The Contractor shall identify that the electrical power supplied by the Building Supervisor is adequate to meet the electrical power demand by the ventilation units. If electrical power is insufficient, the Contractor shall notify the Owner. The Owner will arrange to have adequate power provided. If air-supplied respirators are used, the Contractor shall estimate the volume of supplied air and add to work place air volume when calculating ventilation requirements . 30 2 .2.1.3 2.2.1.4 2.2 .1.5 2.2.1.6 2.2 .1.7 2.2.1.8 2.2.1.9 2 .2.1.10 All equipment requirements related to personnel protection as described in Section 8.0 shall be supplied by the Contractor. The Contractor shall provide, as needed, a sufficient supply of scaffolds, ladders, lifts and hand tools (e.g. scrapers, wire cutters, nylon bristle brushes, utility knives, wire saws, etc.). The Contractor shall provide sprayers with pumps capable of supplying amended water spray at a flow rate of two (2) gallons per minute and at a pressure of five hundred (500) pounds per square inch (psi) at the nozzle tip . The Contractor shall provide rubber dustpans and rubber squeegees for clean-up . Brushes used by the Contractor for removing Asbestos- Containing Material shall have nylon or fiber bristles, not metal bristles . The Contractor shall provide a sufficient supply of HEP A filtered vacuum systems during clean-up . Encapsulants used by the Contractor shall be sprayed using airless spray equipment. Nozzle pressure should be adjustable within the 400 to 1500 psi range . (Nozzle pressure can be specified depending on the encapsulant's viscosity and solids content. Tip size shall also be specified based on manufacturer's recommendations.) All encapsulants shall be applied by trained and experienced personnel. The nature of the encapsulant may effect the requirements for respiratory protection. Vapors that may be given off during encapsulant application must be taken into account by the Contractor when selecting respirators, if other than supplied-air type respirators area used. END SECTION 31 • • • • • • 3.0 Preparation of Work area 3.1 General Requirements for Preparation of Containment and Limited Containment Work Areas 3.1.1 Isolation ofWork Area/Caution Signs The Contractor shall identify the work area to be prepared, isolate it to avoid unauthorized entry and post caution signs in accordance with the specifications of OSHA 29 CFR 1926.58 (k) (1) at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels . The Contractor shall post signs at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction of work place enclosure barriers. 3 .1.2 Electric Power and Lighting 3 .1.2 .1 3.1.2.2 The Contractor shall provide temporary lighting, wmng devices and components as required for the abatement work. The Contractor shall ensure safe installation (including ground-faulting of the electrical outlets) of temporary power sources and equipment in compliance with all applicable electrical code requirements (including NEMA, NECA, and UL standards and regulations) and OSHA requirements for temporary electrical system. The Contractor shall be responsible for proper connection and stringing of electrical supply lines and the removal of these connections when work is completed. The Building Supervisor shall provide the source for electrical power. The Contractor shall identify that the power supply is adequate to operate the electrical equipment at all times . If electrical power is insufficient, the Contractor shall notify the Owner . The Owner will arrange with the Building Supervisor to have adequate power provided . The Contractor shall provide a licensed electrician to perform all electrical hook-ups not made by the Owner. For use of powered hand tools, appliances, hand lamps, and other items connected directly to an outlet, the Contractor shall utilize ground fault interrupters to ensure that electrical shock will not occur . 32 3.1.2.3 The Contractor shall use only grounded extension cords (use "hard-service" cords where exposed to abrasion and traffic). The Contractor shall use single lengths or waterproof connectors to connect separate lengths (if single lengths do not reach work areas). 3 .1.2.4 · The Contractor shall provide general service incandescent lamps of a wattage required for adequate illumination. The Contractor shall protect the lamps with guard cages or tempered glass enclosures, where fixtures are exposed to -breakage, excessive water, or moisture by construction operations. 3.1.2.5 The Contractor shall disconnect and lock out the electrical circuit breaker that controls ceiling light fixtures and lock and label the circuit breaker to remain in the off position until directed . All lockout/tagout procedures described in 29 CFR 1910 . 14 7 shall be followed for disconnecting power sources. The Contractor shall coil all circuit wiring, wrap the wiring with plastic sheeting and support the wiring from the overhead structure. 3 .1.3 Water 3.1.3.1 3 .1.3.2 The Owner will provide water for abatement purposes. The Contractor shall connect his water system to the existing water system (including a check valve/backflow protection valve connection). The water connection to the existing potable water system shall be limited to a maximum flow of 10 GPM each for hot and cold water supply . The Contractor shall install water service and distribution piping of sizes and pressures adequate for asbestos removal. Where shut-off nozzles are used at the water hose discharge, the Contractor shall provide heavy-duty abrasion- resistant hoses with a pressure rating greater than the maximum pressure of the water distribution system. The Contractor shall maintain hose connections and outlet valves in leak proof condition . Where finish work below an outlet might be damaged by spillage or leakage, the Contractor shall provide a drip pan of suitable size to minimize the possibility of water damage. As water accumulates, the Contractor shall promptly drain water from the drip pans . 33 • • • 3.1.4 • 3.1.5 3.1.6 • 3 .1.7 • Pre-Cleaning Surfaces To prepare for a containment work area, prior to the installation of polyethylene sheeting on walls and floors, the Contractor shall pre-clean all surfaces using HEP A filtered vacuums and/or wet cleaning methods as appropriate . The Contractor shall not use any methods that would raise dust such. as dry sweeping or vacuuming with equipment not equipped with HEP A filters. Moveable Objects The Building Supei-visor will move designated Moveable Objects prior to the time the Contractor starts work. The Contractor shall clean any Moveable Objects not moved by the Building Supervisor within the work area using a HEP A filtered vacuum and/or wet cleaning methods, as appropriate . After cleaning, the Contractor shall tag (as appropriate) and remove these objects from the work area and carefully store them in an uncontaminated location . Scaffolding, Ladders, Platforms and Barricades The Contractor shall comply with recognized standards and code requirements for erection of structurally adequate scaffolding, ladders, platforms and barricades to prevent accidents and losses . Sealing Off Work Area 3 .1.7.1 3 .1.7 .2 The Contractor shall isolate the work area by constructing airtight enclosure barriers . The Contractor shall seal off all windows, front entrance doors, doorways, elevator openings, corridor entrances, drains , ducts, grills, grates, diffusers, skylights, and any other openings between the work area and uncontaminated areas outside of the work area with at least two layers of 6- mil polyethylene sheeting and tape. Grouting and/or caulking and plywood may also be required at the discretion of the Owner . 34 3.1.8 3.1.7.3 3.1.7.4 3.1.7.5 3.1.7.6 Floors The Contractor shall use wood or metal framing to support barriers in all openings larger than 4 ft. x 8 ft. Barriers shall be constructed of a minimum 2-inch by 4-inch lumber and sheathed with 1/2 -inch or thicker plywood or gypsum board. The Contractor shall install polyethylene in two (2) layers, at least 6-mils in thickness, on both sides of the barrier fabricated by the Contractor. The Contractor shall caulk or tape edges of partitions at floor, ceiling, walls, and fixtures to form an air tight seal . The Contractor shall ensure that all holes in the floor are solidly sealed before the polyethylene layers are installed . The Contractor shall use tools equipped with, or m conjunction with, sufficiently powered HEP A filtered local exhaust ventilation to drill, cut into or otherwise disturb Asbestos-Containing Materials during the installation of support systems for the barrier enclosures and the ·final installation of such enclosures . All procedures and equipment for the construction and installation of barrier enclosures must be state-of-the-art to prevent migration of asbestos fibers to areas outside the intended work area. The Contractor shall cover floors in a containment work area with polyethylene sheeting . Using proper work sequence, the floors shall be covered after any carpeting, floor tile and mastic specified for removal has been removed . 3 .1.8 .1 3 .1.8.2 Floors shall be covered with a minimum of two layers of 6- mil polyethylene sheeting. Additional layers of protection such as plywood, corrugated cardboard, canvas drop cloths or extra plastic sheeting may be required. Additional layers of sheeting may be used as drop cloths to aid in the clean-up of bulk materials. Polyethylene sheeting shall be sized to minimize seams . If the floor area necessitates seams, those on successive layers of sheeting shall be staggered a minimum distance of six ( 6) feet to reduce the potential for water to penetrate to the flooring material. Seams should not be located at wall/floor joints. 35 • • • • • • 3 .1.8 .3 3 .1.8.4 3 .1.8 .5 3.1.9 Walls Floor sheeting shall extend at least twenty-four (24) inches up the sidewalls of the work area . Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of materials. Vinyl sheeting may be used for improved traction on floors . The Contractor shall cover all surfaces directly under the glovebag operation in the limited-containment work area with two (2) layers of 6-mil polyethylene sheeting. The Contractor shall cover walls in a containment work area with polyethylene sheeting. In add ition, the Contractor shall seal any openings through these walls to uncontaminated areas of the building as described in Section 2 .1.14 .2 . 3.1.9.1 3.1.9 .2 3.1.9.3 3 .1.9.4 Walls shall be covered with two layers of a minimum of 4- mil polyethylene sheeting. Polyethylene sheeting shall be sized to numm1ze seams. Seams shall be staggered and separated by a distance of at least six ( 6) feet. Wall sheeting shall overlap floor sheeting by at least twenty-four (24) inches beyond the wall/floor joint. Wall sheeting shall be secured adequately to prevent it from falling away from the walls . This may require additional support/attachment due to pressure differentials that may exist or occur during abatement. The method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and the Owner, and be selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other waterproof tape, furring strips, spray glue , staples, nails, screws, or other effective procedures capable of sealing adjacent sheets of polyethylene and capable of sealing adjacent sheets of polyethylene and capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (i ncluding the use of amended water). Spray 36 polyethylene may be used at the Contractor's discretion with prior approval by the Owner. If this is done, special consideration must be given to potential hazards from the • solvent. It shall also be noted that spray polyethylene can fade painted surfaces and may require extensive detailing to remove it from cracks and crevices. 3. 1.10 Demolition The Contractor shall be responsible for the demolition, removal and staging of building ·components indicated in the Scope of Work. 3 .1.11 Temporary Facilities and Related Work 3.1.11.1 3.1.11.2 3.1.11.3 No office space will be provided for the Contractor. When the Contractor uses permanent facilities temporarily, he is responsible for their operation, maintenance and protection during use as a construction service or facility . The condition of the facility must meet the Building Owner's approval before the Contractor returns these responsibilities to the Building Owner. The Contractor shall provide new materials and equipment for temporary services and work facilities; used materials and equipment that are substantially undamaged and in serviceable condition may be used. The Contractor shall provide only materials and equipment that are suitable for their intended use . 3 .1.11.2 .1 The Contractor shall use qualified tradesmen for installation of temporary services and work facilities . The Contractor shall locate temporary services and facilities where they will serve the entire project adequately and result in m1rumum interference with performance of the work. The Contractor shall relocate, modify and extend services and facilities as required during the course of work as to accommodate the entire work sequence of the project . The Contractor shall provide, operate and maintain all temporary services and work facilities in a safe and efficient manner . The Contractor shall not overload temporary services or permit temporary services and facilities to 37 • • • • • 3.1.12 3.1.13 interfere with the progress or work of the Building Owner. The Contractor shall not allow unsanitary conditions, nuisances or hazardous conditions, or the accumulation of waste material, rubbish or construction debris to develop in the building or on the site. The Contractor shall not be permitted to flood or contaminate water sources. Contractor's Responsibility For all items designated to be removed and saved the Contractor shall have such items removed, cleaned and stored by workmen skilled in the trades involved. These items shall be reinstalled in the same condition that they were removed, unless otherwise specified . Emergency and Fire Exits The Contractor shall clearly identify and maintain emergency and fire exits from the work area. The Contractor shall clearly mark these exits with duct tape arrows or other effective designations, to permit easy location from anywhere within the work area. These exits shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. Emergency and fire exits shall be properly sealed with polyethylene sheeting which can be cut to permit egress if needed . These exits may be the Worker Decontamination Enclosure System, Waste and Equipment Load-out Enclosure System, and/or other alternative exits. 3 .1.13 .l The Contractor shall place a minimum of two (2) ABC-type Fire extinguishers inside of each full-containment. Also, a minimum of two (2) ABC-type fire extinguishers on the outside of the containment area . At least one ( 1) of which must be in the clean room of the decontamination area. 3 .1. 14 Work Area Entranceway Unless otherwise instructed, all required access to the work area(s) shall be as specified in Section 4.2 . 3.2 Preparation of Non-Containment Work Areas 3 .2 .1 Applicability Work areas are all areas in which the Abatement Contractor has received control for the purpose of performing necessary operations . 38 . 3.2.2 Requirements Work areas exterior to the containment area and interior to the building • are to be criticaled-off or covered with one (I) layer of 4-mil polyethylene sheeting minimum. This is to include the change room, decontamination unit and waste load-out areas. Supplies and equipment are to be kept neat and orderly. Good housekeeping methods are the responsibility of the Contractor. Work areas, exterior to the building, must be cordoned off a minimum of 15 feet from the work area. 3.3 Worker Decontamination Enclosure System 3.3.'l General Requirements 3.3.2 One system common to all tasks may be used· if a Change Room is provided at each location to change protective clothing and to damp wipe the outside surface of respirators. These systems may consist of existing rooms outside of the work area (if the layout is appropriate) that can be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist, enclosure systems shall be constructed out of metal, wood or plastic support, as appropriate. Submittals Required The Contractor shall submit plans for construction of Worker Decontamination Enclosure Systems and work areas, including materials and layouts as shop drawings (see Section 2 .6.1.3). 3 .3 .3 General Description The Worker Decontamination Enclosure Systems shall consist of at least a clean room, a shower room, and an equipment room, each separated from each other and from the work area by curtained doorways and airlocks. 3.3.4 Clean Room • A curtained doorway-one way type shall be used at the clean room entrance from the outside of containment. The Contractor shall size the clean room to adequately accommodate the work crew. Hooks for hanging up street clothes as well as benches shall be provided in the clean room . Lockers shall be provided for valuables. Shelves for storing respirators shall also be provided in this area. Clean work clothes, clean disposable cloth, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply in the clean room. • 39 • • 3.4 • 3.3.5 A location for postings shall also be provided in this area. Postings shall include a list containing the names, locations, pager numbers and telephone numbers of the Contractor, emergency phone numbers, the Building Owner's Representative and the Building Owner. Shower Room The shower room shall contain one or more showers, as necessary to adequately accommodate workers. Each shower head shall be supplied with hot and cold water, adjustable at the tap. The shower room enclosure shall be constructed to ensure against water leakage. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be drained, collected, and filtered through a system with at least 5. 0 micron particle size collection capability prior to being discharged to the sewer system. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of the filtration system by large particles .) 3 .3 .6 Equipment Room The equipment room shall be used for storage of equipment and tools at the end of a shift, after the equipment and tools have been cleaned . Waste and Equipment Load-Out Enclosure System 3 .4 . I Large Areas For large areas (in general, abatement areas requiring greater than 250 square feet of enclosed work area floor space), the Contractor shall construct the Waste and Equipment load-out Enclosure System at some location. Wherever possible, the Waste and Equipment Load-Out Enclosure System shall be located where there is direct access from the work area to the outside of the building. The Waste and Equipment Load-Out Enclosure System shall consist of an airlock (located adjacent to a staging area in the containment work area), a second airlock with facilities to wash the drummed, bagged, or wrapped waste, and a third airlock with access to outside the work area. The Contractor shall construct the Waste and Equipment Load-Out Enclosure System in a similar fashion to the Worker Decontamination Enclosure System using similar materials and designs. The Waste and Equipment Decontamination/Load-Out Enclosure System shall not be used to enter or exit the work site . 40 3.4.2 Small Areas This section is for small scale, short duration removal or for confined or small areas (in general, abatement areas requiring less than 3 2 square feet of enclosed total work area floor space or 50 linear feet of ACM removal: The Contractor may perform waste removal though the worker Decontamination Enclosure System; change room if mini-enclosures are allowed. 3.5 Maintenance of Workplace Barriers and Decontamination Enclosure Systems 3.5.1 Stabilizing Time 3 .5.2 Following completion of the construction of all polyethylene barriers and decontamination system enclosures in large containment work areas, the Contractor shall allow a minimum four ( 4 )-hour stabilizing time to ensure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities . Small containment work areas will require stabilizing time to be specified by the Building Owners Representative . Inspections The Contractor shall inspect all polyethylene barriers inside the work area, in the Worker Decontamination Enclosure System, in the Waste and Equipment Load-Out Enclosure System, and at partitions constructed to isolate the work area from occupied areas . The Contractor shall conduct an inspection at least three (3) times per shift; prior to the start of each shift's abatement activities, during each shift and following the completion of the shift's abatement activities. The Contractor shall document inspections and observations in the daily project log. 3.5.3 Repair of Damage and Defects The Contractor shall repair damage and defects in the enclosure system immediately upon discovery . 3 .5.4 Testing and Monitoring of Enclosure Systems for Leakage 3 .5.4.1 The Contractor shall use smoke tubes, or equal, to test the effectiveness of the barrier systems prior to the start of abatement activities . Prior to any smoke testing, the 41 • • • • • • 3 .5.4 .2 Contractor shall make suitable arrangements with the Building Owner or Building Owner's Representative to demonstrate containment integrity and satisfactory air movement. Once constructed and reinforced as necessary, the Contractor shall test the enclosure systems for leakage using smoke tubes or equivalent. The Contractor shall repair or reconstruct the enclosures as needed . Ventilation equipment shall be sufficient to maintain a minimum pressure differential of 0.02 inches of water relative to adjacent, unsealed areas . Daily monitoring of the pressure differential shall be conducted by the Contractor and recorded in the daily project log. 3 .5.5 Visible Residue Outside Work Area 3.5 .6 If visible material is observed outside of the work area or if damage occurs to barriers, the Contractor shall immediately stop work, repair barriers, and clean-up debris/residue using appropriate HEP A vacuuming and wet mopping procedures, at any time during the abatement activities after barriers have been erected. (See Section I 0 .0 for additional information) . Air Sampling Outside Work Area If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations greater than 0 .010 fibers per cubic centimeter (flee) of air using the Phase Contrast Microscopy (PCM) analytical technique , or preliminary background/ambient levels (whichever is higher), the Contractor will be directed to halt work immediately . The contractor shall begin emergency clean-up procedures (including HEP A vacuuming and wet wiping) outside the work area. All these activities shall be performed by the Contractor at no additional cost to the Building Owner. 3 .5.7 Ventilation Equipment 3 .5 .7.1 3 .5 .7.2 The Contractor shall install and initiate the operation of ventilation equipment, as needed, to provide a minimum of four ( 4) air changes per hour in the work area. Openings made in the enclosure system to accommodate these units shall be made airtight with tape and/or caulking as needed . If more than one unit is installed, only one unit 42 3.5.7 .3 3.5 .7.4 3.5.7.5 3.5.7.6 should be turned on at a time to check the integrity of wall barriers for secure attachment and the need for additional barrier reinforcement. An adequate ground-faulted power supply shall be available, to satisfy the requirements of the ventilating units. Ventilation units shall be exhausted to the outside of the building whenever feasible. They shall not be exhausted into occupied areas of the building. A minimum of twelve (12)-inch diameter extension ducting shall be used to reach from the work area to the outside, when required. Careful installation, air monitoring and daily inspections shall be done to ensure that the ducting does not release fibers into uncontaminated building areas . The proper operation of ventilation units (including all filter changes) shall be documented in the daily project log. END SECTION 43 • • • • 4.0 • • Removal Procedures 4.1 Commencement of Work The Contractor shall not commence work unless the following requirements have been met. These· requirements must be met and confirmed by the Owner's Representative each time abatement work is to begin in a new work area. 4.1.1 Enclosure Systems The specified enclosure systems have been constructed, tested and approved in writing by the Owner's Representative. 4.1.2 Ventilation Systems 4.1.3 4.1.4 The specified ventilation systems are functioning adequately and have been tested to maintain a negative pressure differential at a minimum minus 0. 02 inches of water. Submissions All pre-abatement submissions, notifications, posting and permits have been provided and are satisfactory (see Section 1.6). Equipment All equipment for abatement, clean-up and disposal are on hand. 4.1.5 Training All worker training (certification, medical evaluation and fit testing) is completed with records of such available on site. 4.1.6 Written Permission from Equitable Real Estate Investment Management Contractor receives written pennission in the form of a work order (or several work orders issued simultaneously) from Equitable Real Estate Investment Management to commence abatement. 4.1.7 Cleaning and Isolating Work Area The work area is isolated and prepared in accordance with Section 3.0 . 44 4.2 Workplace Entry and Exit Procedures 4.2.1 Personnel Entry and Exit Procedures for Containment and Limited- Contairunent Work Areas 4.2.1.1 4.2.1.2 All workers and authorized personnel shall enter the work area through the Worker Decontamination Enclosure System. All personnel who enter and exit the work area must sign the entry log located in the clean room upon entry and exit . 4.2.1 .2.1 All personnel must have a Colorado State Photo Identification card on-site. Photo identification cards must be produced within four hours of request by Owner or Owner's Representative . 4.2.1.3 4.2 .1.4 4.2.1.5 4.2.1.6 All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including workplace entry and exit procedures) and emergency procedures. A sign-off sheet shall be used to acknowledge that information has been reviewed and understood by all personnel prior to entry. To enter the work area, all personnel shall proceed first to the clean room, remove all street clothes and appropriately don respiratory protection (as deemed adequate for the job conditions) and disposable coveralls, head covering and foot covering. Hard hats, eye protection, and gloves shall also be used if required. Clean respirators and protective clothing shall be provided and used by each person for each separate entry into the work area . Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the work area. To exit the work area, all personnel shall first remove gross contamination from the outside of respirators and protective clothing by HEP A vacuuming and/or wet wiping procedures. (Small HEP A vacuums may be used for this purpose. larger machines may tear the suits.) Each person shall clean the bottoms of their protective footwear in a walk-off pan (such as a small child's swimming pool) filled 45 • • • • • 4 .2.1.7 . 4.2.1.8 4.2 .1.9 with water shall be located in the work area just outside the equipment room for workers to clean off foot coverings after leaving the work area, and to prevent excessive contamination of the Worker Decontamination Enclosure System. Personnel shall proceed to the equipment room, where they shall remove all protective equipment, except respirators, Personnel shall then deposit disposable clothing into appropriately labeled containers for disposal. The Contractor shall decontaminate and store reusable footwear, disposable footwear shall be disposed of as Asbestos-Contaminated Waste material. (Rubber boots may be decontaminated at the completion of abatement for reuse .) Still wearing respirators, the asbestos abatement personnel shall proceed to the shower room, clean the outside of their respirators and exposed face areas under the running water, prior to removal of respirators, and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures . 4 .2.1.9 .1 An airline respirator with HEP A filtered disconnect protection may be disconnected in the Equipment Room and worn into the shower room by asbestos abatement personnel. HEP A filters may be covered with tape and reused. 4.2.1.9.2 Dual cartridge respirators may be worn into the shower but may not be reused after wetting. 4.2 .1.9 .3 Filters for powered air-purifying respirators (P APRs) may be covered with tape and reused. 4.2 .1.10 4.2 .1.11 After showering and drying off, the asbestos abatement personnel shall proceed to the clean room, and don clean disposable clothing (if there will be later re-entry into the work area). The Contractor shall post the work place entry and exit procedures outlined above in the clean room and equipment room. 46 4.2.1.12 While outside the work area, the Contractor's personnel shall not wear coveralls or other clothing which is similar in appearance and color to the clothing used inside the work area. 4.2.2 Waste Container Load-Out Procedures 4.2.2 .1 4 .2.2.2 Asbestos-Contaminated Waste Material that has been containerized shall be transported out of the work area by the Contractor through the Waste and Equipment Load-Out Enclosure. The Contractor's waste load-out procedure shall use two teams of workers, an "inside" team and an "outside" team. 4 .2 .2.2.1 The inside team, wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottoms, of properly labeled containers (bags, drums, or wrapped components) using HEP A vacuums and wet wiping techniques , and transport them into the center airlock in the enclosure system. No worker from the inside team shall further exit the work area through this airlock. 4 .2 .2 .2 .2 4.2.2.2.3 The outside team, dressed in appropriate protective clothing and respirators, shall enter the airlock from outside the work area, enclose the drums, bags, or wrapped components in clean, labeled, 6-mil polyethylene bags, and remove the containerized waste from the middle airlock in the enclosure system . The containerized waste shall be wet wiped and passed to the outer Airlock , where it shall be dried and then removed to a secure holding area or placed in a disposal trailer. 4 .2.2 .2.3 .1 All disposal trailers must be lined with a minimum of two (2) layer 6-mil polyethylene sheeting to prevent leakage of any type from the trailer . 47 • • • 4.3 • 4.4 4.5 • Removal of Floor Tile and Mastic (if applicable) The Contractor shall remove and dispose of floor tile and mastic as Asbestos- Containing Material. The floor tile and mastic shall be removed in a full- containment work area. The floor tile and mastic shall be kept moist with amended water while being removed . The following is a general outline of steps to be taken for removal. 4 .3 .1 Removal of Resilient Tile Floor Covering 1) Clean entire floor with a detergent/water solution, which contains a non-ionic surfactant. 2) Remove detergent solution by HEP A vacuuming the entire floor . 3) Remove each tile by prying with a wall scraper, attempting to remove each tile intact without breaking. 4) In areas where tile cannot be removed by the above method, a heat gun or an approved mechanical method may be used to soften the adhesive prior to prying up the tile. 5) Remove the residual adhesi v e by wet scraping as detailed in steps 1, 2 and 3 above . Wet Removal of Asbestos-Containing Material The Contractor shall wet all Asbestos-Containing Material with amended water using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. The Contractor shall saturate the material to the substrate without allowing excessive water to accumulate in the work area. The Contractor shall keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. The Contractor shall maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations . Wetting procedures shall be used for all types of Asbestos-Containing Materials. If the work area temperature is below 32°F and amended water is subject to freezing, the Contractor may add an ethylene glycol based solution to the amended water. Handling of Asbestos-Containing Material The Contractor shall not drop or throw to the floor material removed from building structures or components . Material shall be removed as intact sections or components (whenever possible) and carefully lowered to the floor. The Contractor shall containerize the removed material immediately upon removal . Debris shall not accumulate in the work area. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up . 48 4.6 Surface Cleaning Following Removal After completion of all stripping work, the Contractor shall wet brush and sponge, or clean by some equivalent method, all visible residue from surfaces from which Asbestos-Containing Materials have been removed . Wet wipes shall be used once, folded to provide. a clean side, be used on the clean side and be discarded as Asbestos-Contaminated Waste. 4. 7 Removal of Containerized Waste from the Work Area The Contractor shall remove all containerized waste from the work area when sufficient quantities have been generated to justify transport, when storage inhibits operations, or poses a nuisance or hazard. Transportation of containerized waste out of the building shall be enclosed vehicles (cart, hand truck, etc.), which are lined with a single layer of 6-mil polyethylene sheeting. There shall be no exception to this without prior approval. 4.8 Removal of Pipe Insulation Using Glove bag Technique 4 .8.1 Permissible Use • The Contractor may remove pipe insulation using the Glovebag • Technique in a limited-containment work area, if so specified in the work plan . The Contractor shall obtain written approval for each glovebag removal before removal begins . 4 .8.2 Containment Requirements The work area shall be set up and maintained as a secondarJ work area. 4 .8.3 Ventilation Requirements The Contractor shall maintain ventilation units around the glovebag, where used, and exhaust to the outside of the work area. Ventilation units shall conform to the requirements of Section 3 . 5. 7 . 4 .8.4 Surface Protection The Contractor shall cover all surfaces directly under the glovebag procedure to a minimum distance of 5 feet from the pipe (i.e., a minimum coverage of 25 square feet) with two (2) layers of 6-mil polyethylene sheeting. 49 • • • • 4.8.5 4.8.6 4.8.7 Personnel Requirements The Contractor shall use a two (2)-man team for each glovebag removal . Both abatement workers shall be competently trained, skilled, and experienced in using the glovebag technique . Respiratory Protection and OSHA Compliance Air Monitoring The Contractor shall provide his employees with half-face negative pressure respirators with HEP A filters during these glovebag procedures. The Contractor shall provide OSHA compliance air monitoring during these procedures, as required by OSHA. Smoke Testing of Glovebag Enclosure Seals The Contractor shall test glovebag enclosure seals using a smoke tube and aspirator bulb . The Contractor shall place the tube into the water sleeve opening of the glovebag and shall fill the bag with visible smoke by squeezing the bulb . The smoke tube shall be removed , the water sleeve twisted closed. While holding the water sleeve tightly , the Contractor shall gently squeeze the glovebag and look for smoke leaking out, especially at the top and ends of the glovebag . If leaks are found, the contractor shall tape the leak closed using duct tape, and the glovebag shall be re-tested . This process shall be repeated until all leaks are secured . 4 .8 .8 Removal Procedures The Contractor shall perform glovebag removal of pipe insulation, elbow(s), and/or fitting(s) as allowed by the specification and outlined herein . The Contractor shall follow the removal procedures described in 29 CFR 1926 .58 , Appendix G . The following procedures shall be used: 4.8.8.1 4.8 .8.2 4.8.8.3 Insert the cutting and cleaning tools necessary for removal into the attached tool packet. Pre-clean the insulated surfaces to ensure adhesion between the insulated surfaces to ensure adhesion between the insulation and tape seal. Attach the bag to the insulated pipe surface by folding and lapping the open edges and sealing with staples and tape to form a tight seal. 50 4.8 .8.4 4.8 .8.5 4.8.8.6 4 .8.8.7 4.8.8.8 4.8 .8.9 4.8 .8.10 4.8.8.11 4 .8.9 Repairs If needed, provide additional support to the glovebag to prevent the weight of the removed material from damaging the glovebag or the pipe and its supports. Slice open the side port, insert the wetting agent sprayer nozzle and thoroughly wet the area to be removed. Seal the side port and proceed with the removal by having the worker insert his arms through the armholes and into the gloves . When removal is completed, reinsert the sprayer nozzle and thoroughly wet and clean the pipe surfaces, all non- disposable tools, and the top portion of the bag to below the side port. Keep the tools that will be reused in the top section of the bag, remove the sprayer nozzle, and insert the HEP A vacuum hose nozzle. Activate the vacuum equipment to remove air from the glovebag. While the air is being removed, squeeze the bag tightly as possible just below the side port . After the air has been removed, twist the glovebag, and tape and seal at the twisted area, with all removed and contaminated material at the bottom of the bag . At this point, either remove the seals and immediately place the bag in a standard disposal bag, or immediateiy reiocate the glovebag to an adjacent location and repeat all sealing and removal procedures . If cuts, holes, or ruptures occur in the bag, the Contractor shall stop all work immediately and repair the damage . 4.9 Small-Scale, Short Duration Activities 4.9 .1 Permissible Use The Contractor may perfonn abatement activities as an alternative to full- • • containment procedures as indicated by the specifications . • 51 • • • 4.9.2 Acceptable Procedures Procedures used shall be in accordance with 29 CFR 1926.58, Appendix G and include, as applicable, wet methods combined with glovebag removals, mini-enclosure, enclosure, and removal of entire structures. 4.9 .3 Personnel Requirements The Contractor shall use a two (2)-person team for each procedure. Both abatement ~orkers shall be competently trained, skilled, and experienced in using the appropriate technique. For all operations, two- person teams area required . END SECTION 52 5.0 Oean-up for Final Clearance of Work Areas 5.1 General Information The Contractor shall be responsible for the following requirements during clean-up for the final clearance at all containment work areas . 5 .1.1 The Ventilation System shall remain in continuous operation until the clearance air monitoring has been completed . 5.1 .2 The Worker Decontamination Enclosure System shall remain in place and be used in the prescribed manner until clearance air monitoring has been completed. 5.1.3 The respiratory protection requirements of Section 9 .2 shall remain in force until clearance air monitoring has been completed. 5.2 Full-Containment Work Area Clean-up and Clearance 5 .2.1 Gross Clean-up The Contractor shall remove all visible debris and then vacuum (using HEPA filter vacuums) and wet clean (using rags, mops and sponges) all surfaces in the work area (first cleaning). The Contractor shall use rubber dust pans and rubber squeegees to move material around, containerize debris, and remove all visible accumulations of debris (gross clean-up). The Contractor shall not use metal shovels to pick up or move accumulated waste. The Contractor shall take special care to minimize damage to polyethylene sheeting on the floor . The work area shall be misted to assist in the removal of airborne dust. 5.2.2 Decontamination of Tools and Equipment The Contractor shall decontaminate and remove all tools and equipment using a HEP A vacuum and wet cleaning methods. All tools and equipment shall be placed in 6-mil polyethylene bags and sealed to prevent the release of fibers to non-work areas. Proper cleaning procedures shall be used every time tools and equipment are transported from one work area to the next. 5 .2.3 First Clean-up After gross cleaning, the Contractor shall remove the outer layer of • • plastic sheeting from walls and both outer layers from the floors so that • only one layer remains . Windows, doors, HV AC system vents and all 53 • • 5.2.4 other openings shall also remain sealed. Next, the Contractor shall HEP A vacuum and wet clean all surfaces in the containment work area. The air shall also be misted. All plastic sheeting shall be disposed of as Asbestos-Containing Waste Material. Pre-Encapsulation Visual Inspection The Owner or Owner's Representative will conduct a visual inspection to insure that gross material has been removed and that the first clean-up (Section 5.2 .3) has been successfully completed. 5.2.5 Encapsulation of Polyethylene Surfaces 5.2.6 The Contractor shall spray a diluted form of an encapsulant to mist the areas and to lockdown any remaining non-visible residue on all polyethylene surfaces. This encapsulant shall not be sprayed on areas that have been abated . The Contractor shall allow the encapsulant to dry for a minimum time of twelve (12) hours or the time period specified by the manufacturer, whichever is greater. Second Clean-up The Contractor shall mist the work area and remove the final layer of plastic sheeting from the walls and floor . Windows, doors, HV AC system ducts and vents all other openings shall remain sealed . The contractor shall then HEP A vacuum and wet clean all surfaces in the work area . The air shall also be misted. During this cleaning, air samples will be collected for PCM analysis . The Contractor shall also inspect all surfaces using the Dark Cloth and/or Flashlight Test to check for cleanliness. If a residue is found, it will be assumed asbestos and further cleaning by the Contractor shall be required . 5 .2. 7 Notification to Owner or Owner's Representative After cleaning is complete and the Contractor's Dark Cloth and/or Flashlight Tests show that the entire work area is clean, the Contractor shall request a final inspection by the Owner or the Owner's Representative . 5.2 .8 Secondary and Tertiary Visual Inspections When the air samples collected during clean-up show that the airborne fiber concentration is less than 0.01 flee by PCM and the area is entirely dry with no visible wetness or condensate on areas. A second visual inspection using a Dark Cloth and/or Flashlight Test will be conducted. 54 .If the area fails testing, the Contractor will be notified in writing and the clean/notification cycle must be repeated. The Contractor's labor costs • for all additional clean-ups shall be incurred by the Contractor. If the area passes testing, the Owner or Owner's Representative will provide a written notice of acceptance to the Contractor. I 5.2.9 Encapsulation (Lock Down) of Work Surfaces Upon receipt of the notice of acceptance under Section 5.2.4, the Contractor shall provide a coating of encapsulant to all surfaces in the work area from which Asbestos-Containing Material has been removed including: structural members, building components, and any remaining plastic barrier sheeting, floors, and coverings of non-moveable items to seal in non-visible residues. The Contractor shall be responsible for assuring that such encapsulation is compatible with whatever refurnishing or reinsulation is intended for such surfaces . The contractor shall allow the encapsulant to dry for at least the time period specified by the manufacturer, or longer if necessary . 5 .2.10 Request for Final Clearance Air Monitoring Upon receipt of the acceptance notice or after the final encapsulation and drying period, whichever is longer, the Contractor shall request, in • writing, final clearance air monitoring . Such air monitoring shall be conducted by the Owner/Owner's Representative in accordance with Section 9.4.2. 5.2 .11 Removal ofBarriers If the sample results from the final clearance air monitoring show that the work area is not acceptable for clearance, the entire cleaning cycle shall be repeated, with labor costs incurred by the Contractor and subsequent inspection and final clearance air monitoring costs incurred by the Owner. When sample results meeting the clearance specification requirements are obtained, the Owner will provide the Contractor with a written notice of acceptance. Upon receipt of the acceptance notice, the Contractor shall remove all the remaining barriers in the work area. 5 .2 .11.l All plastic barriers including criticals will be disposed of as ACM. 55 • • • 5.2.12 Final Inspection After removal of the barriers, the Owner or the Owner's Representative will conduct a final inspection. Any material found shall be cleaned up by the Contractor. When the area is clean, the Owner or the Owner's Representative will provide the Contractor with a written notice of acceptance. 5.3 Set:ondary Work Area Cleaning and Clearance 5.3.1 Clean-up 5.3 .2 5.3 .3 The Contractor shall remove all visible debris and then vacuum (using HEPA filter vacuums) and wet clean (using rags, mops and sponges) all surfaces in the work area (first cleaning). The Contractor shall use rubber dust pans and rubber squeegees to move material around, containerize debris , and remove all visible accumulations of debris (gross clean-up). The Contractor shall not use metal shovels to pick up or move accumulated waste. The work area shall be misted to assist in the removal of airborne dust. Decontamination of Tools and Equipment The Contractor shall use the decontamination procedures of Section 5 .2 .2 for tools and equipment. Comprehensive Visual Inspection When the clean-up is completed and the area is completely dry with no condensate or visibly wet areas, the Owner or Owner's Representative will conduct a comprehensive visual inspection using Dark Cloth and/or Flashlight Beam Test . The Owner or Owner's Representative will also collect air samples for on-site PCM analysis to determine if the airborne concentration is less than or equal to 0 .01 flee. If the area fails testing, the cleaning cycle must be repeated with all costs incurred by the Contractor. Reinspection and final clearance air monitoring cost will not be incurred by the Owner. If the area passes the testing, a written notice will be provided to the Contractor. 5 .3.4 Encapsulation (Lockdown) ofWork Surfaces The Contractor shall follow the encapsulation requirements of Section 5.2.9 .. 56 5.3.5 Request for Final Clearance Air Monitoring The Contractor shall follow the notification requirements of Section • 5.2.10. Final clearance air monitoring will be conducted in accordance with Section 9.4.2 or 9.4 .3 as specified . 5.3.6 Removal 'of Barriers The Contractor shall follow the procedures and requirements of Section 5.2.11. 5.3.7 Final Inspection After removal of the barriers, the Owner or Owner's Representative will conduct a final inspection. Any material found shall be cleaned up by the Contractor. When the area is clean, the Owner or Owner's Representative will provide the Contractor with a written notice of acceptance. END SECTION 57 • • 6.0 Containment, Storage, Transportation and Disposal 6.1 Containment of Asbestos-Containing Waste Material 6 .1.1 Containers The Contractor shall seal containers (6-mil polyethylene bags or fiberpack metal drums) when full. The Contractor shall use double bagging procedures. Bags shall not be overfilled. These bags shall be securely sealed, and the air shall be evacuated with a HEP A-filtered vacuum. To prevent accidental opening and leakage, the tops of bags shall be tied with an overhand knot or by taping in gooseneck fashion. Bags shall not be sealed with wire or cord . Bags may be placed in clean drums and sealed with locking ring tops. 6 .1.2 Large Components Large components remo ved intact may be wrapped in two layers of 6-mil polyethylene sheeting and secured with tape by the Contractor for transport to the staging area. 6.1.3 Sharp-Edged Components The Contractor shall place Asbestos-Containing Waste with sharp-edged components (e.g., nails, screws, metal lath, tin sheeting) into drums for disposal, to prevent the sharp-edged components from tearing the polyethylene bags and sheeting. 6 .1.4 Disposal Drums The disposal drums, if used to hold the Asbestos-Containing Waste Materials, shall be made out of metal or fiberboard, and have locking ring tops. 6 .1.5 Labeling/Marking Requirements The Contractor shall label disposal bags and drums with pre-printed labels, as required by EPA regulation 40 CFR 61.152 (b) (is) (iv) and OSHA regulation 20 CFR 1926.58 (k) (2) and with appropriate DOTIIM:O shipping labels. 6.2 Storage Requirements The Contractor will provide lined , secured trailers located at the site for storage of the Asbestos-Containing Waste Material. 58 t ,. \ 6.2.1 Bagged Asbestos -Containing Waste Material The Contractor shall not store. unbagged or unwrapped asbestos waste or non-asbestos waste in the trailers . The Contractor shall also ensure that the bags in the trailers are not damaged . 6.2.2 Drummed Asbestos-Containing Waste Material The Contractor shall only store asbestos waste material contained in drums inside of the disposal trailer. The Contractor shall ensure that the drums in this storage area are not damaged. 6.3 Transportation of Asbestos-Containing Waste Material 6.3 .1 6 .3.2 Preparation of the Cargo The Contractor shall be responsible for preparing the Asbestos- Containing Material for transportation as per applicable federal, state and local regulations. Handling and Loading Requirements 6.3 .2 .1 6 .3.2.2 6 .3 .2 .3 The Contractor shall load the Asbestos-Containing Waste Material onto trailers for transportation to the Hazardous Material Disposal Site. The Contractor is encouraged to use hand trucks, carts and proper lifting techniques to avoid back and other injuries when his employees are moving bags and drums of asbestos waste. If available, trucks with lift gates or other powered lifting devices are helpful for raising drums and pallets during loading . The Contractor shall not drop, or throw to the ground, Asbestos-Containing Waste Material .. This material should be carefully lowered to the ground. The Contractor shall clean the enclosed cargo area of the transport vehicle of debris and line the cargo area with two (2) layers of 6-mil polyethylene sheeting to prevent contamination from damaged or leaking containers. First, floor sheeting shall be installed to extend up the sidewalls a minimum of two (2) feet. Then, wall sheeting shall be overlapped and taped into place . 59 • • • • • • 6.3 .2.4 6.3.2.5 6.3 .2.6 The Contractor shall place the cargo on level surfaces in the cargo area of the truck and pack them tightly together to prevent shifting and tipping. The Contractor shall not throw the cargo into the truck cargo area. The Contractor shall provide protective equipment to his employees handling and loading Asbestos-Containing Waste Material outside the work area with protective equipment. Personnel loading Asbestos-Containing Waste Material shall be protected by disposable clothing. The disposable clothing shall include head, body, and foot protection and at a minimum, half-facepiece, air -purifying, dual cartridge respirators equipped with HEPA filters (see Section 9 .2 .3 .7). If for any reason a worker at the storage yard suspects that his clothing has become contaminated during the disposal process, he shall remove his contaminated clothing at the staging area, disposed of properly, and don clean disposable clothing for the return trip to the abatement site . · Any debris or residue observed on containers or surfaces outside of the work area shall be removed by the Contractor using HEPA filtered vacuum equipment and/or wet methods, as appropriate. 6.3.3 Chain-of-Custody 6.3 .3 . l Each load of Asbestos-Containing Materials transported to the staging area shall be accompanied by a chain-of custody form designating number of containers and total cubic yardage of Asbestos-Containing Material held within that load. The contractor is responsible for obtaining appropriate signatures when transferring custody of Asbestos-Containing Materials . 6 .3.4 Clean-up Procedures 6.3.4.1 If containers are broken or damaged, the Contractor shall, using personnel who are trained and wearing appropriate protective equipment, repackage the waste in properly labeled containers. The Contractor shall then clean the entire vehicle and its contents using HEP A Vacuums and wet cleaning methods until no visible residue is observed . 60 6.3.4.2 Following the removal of all containerized waste, the Contractor shall decontaminate the vehicle cargo area using HEPA Vacuums and/or wet cleaning methods until no visible residue is observed. Polyethylene sheeting shall be removed and discarded as Asbestos-Containing Waste Material, along with contaminated cleaning materials and protective clothing, in containers at the staging area. END SECTION 61 • • • r [ 7.0 r• [ [ [ I I r l. I. ( I. !_ 1. Re-establishment of the Work Area and Systems 7.1 Requirements for Re-establishment of Work Area Re-establishment of the work area by the Contractor shall only occur when clean- up procedures have been completed, clearance air monitoring has been perfonned, all repairs necessitated by removal activities have been perfonned and all work has been documented to the satisfaction of the Owner or Owner's Representative. 7 .2 Visual Inspection The Contractor and the Owner or Owner's Representative shall visually inspect the work area for any remaining visible residue . Evidence of contamination will necessitate additional cleaning requirements in accordance ~th Section 5.0. 7.3 Additional Air Monitoring Additional air monitoring shall be perfonned in accordance with Section 9 .0, if additional clean-up is necessary . 7.4 Mounted Objects The Contractor shall re-secure the mounted objects that were removed during area preparation activities to their fonner positions. 7.5 Objects in Temporary Locations The Contractor shall relocated furniture/objects that he removed to temporary locations back to their original positions . The Owner or Owner's Representat ive shall be notified prior to moving/relocation of objects . 7.6 Electrical Systems The Contractor shall reestablish electrical systems in proper working order. 62 8.0 Personnel Protection Requirements 8.1 Training 8.1.1 General Prior to commencement of abatement activities, all personnel who will be required ·to enter the work area or handle containerized Asbestos- Containing Materials must have received adequate training in accordance with Section 10.3 of this document. 8.1 .2 On-Site Training The Contractor shall conduct and document, as required, special on-site training on equipment and procedures unique to this job site. 8.1.3 Emergency Response and Evacuation The Contractor shall provide and document trammg in emergency response and evacuation procedures for all of his employees. 8.2 Respiratory Protection 8.2 .1 General Requirements The Contractor shall provide all respiratory protection to workers in accordance with the Contractor's submitted written Respiratory Protection Program, which includes all items in OSHA 29 CFR 1910 .134 (b) (1-9) and OSHA 29 CFR 1926 .108 (h). The Contractor shall post a copy of this program in the clean room of the Worker Decontamination Enclosure System . 8.2.2 Personally Issued Respirators The Contractor shall provide workers with personally issued, individually identified (marked with waterproof designations) respirators. 8.2 .3 Type of Respirator The Contractor shall select respirators that meet, at the minimum, the following levels of protection. 63 • • r I I I I ( I '• I • 8 .2.4 8 .2 .3.1 8 .2 .3 .2 8.2.3 .3 8 .2 .3.4 8 .2 .3 .5 During any activities where worker exposure exceeds 100 flee, or if the concentration is unknown, a minimum of full facepiece supplied air (positive pressure/demand) respirators with auxiliary supplied air escape capabilities will be used . During any activities where worker exposure is greater than 10 flee but less than 100 flee , a minimum of full facepiece supplied air (positive pressure/demand) will be used . During any activities where worker exposure is greater than 1.0 flee but less than 10 flee , a minimum of full facepiece powered air purifying respirators equipped with HEP A cartridges will be used . During any activities where worker exposure is greater than 0 .010 flee but less than 1.0 flee a minimum of half-mask air purifying negative pressure respirator equipped with HEPA cartridges will be used. Worker exposures to concentrations less than 0 .010 flee require no resp iratory protection (subject to approval of Contractor's Respiratory Protection Program) although prudent action is to pro vi de respiratory protection for those emplo yees with potential exposure at or below 0.010 flee . Respirator Care and Maintenance The Contractor shall dispose of used HEP A cartridges and filters at the end of each working day or at the end of their useful working life and replace with new HEP A cartridges and filter material . All respirators shall be cleaned and maintained daiiy . A record iog , documenting these procedures shall be maintained on-site. 8 .2 .5 Fit Testing 8 .2 .5 .1 8 .2.5 .2 Workers shall perform pos itive and negative air pressure fit check each time a res.pirator is put on, whenever the respirator design so permits . The Contractor shall give workers a fit test in accordance with procedures detailed in OSHA 29 CFR 1926.108 (h) (4) and Appendix C for all negative pressure respirators to be used on this abatement project. 64 8 .2 .5 .3 8 .2 .6 Restrictions 8.2.6 .1 8 .2 .6 .2 8.2 .6.3 The Contractor shall provide documentation on adequate respirator fit-tests . The Contractor shall pennit no one wearing a beard or other facial hair which interferes with the facepiece seal to put on a respirator and enter the work area. The Contractor shall not allow his workers to eat, drink, smoke, or chew gum or tobacco in any work area. The Contractor shall not allow corrective glasses to interfere with the seal of the facepiece. Contact lenses shall not be allowed inside the containment work area. Corrective lenses must be mounted inside full facepiece respirators . 8 .2 . 7 Additional Respirators Requ ired for Authorized Visitors • The Contractor shall make available additional respirators (minimum of two (2) of each half-face APRs, full face APRs, and full face P APRs) for authorized visitors, who may be required to enter the work area. The Contractor shall not provide anyone with a respirator without reasonable • documentation that such person has been examined by a physician and been found medically fit to wear a respirator and has proof of fit test current to within six ( 6) months . 8.3 Protective Clothing 8 .3 . I Disposable Clothing The Contractor shall provide one-piece d isposable clothing including head, foot and full body protection consisting of material impenetrable by asbestos fibers in sufficient quantities and adequate sized for all workers and authorized visitors. Disposable briefs shall also be provided by the Contractor. 8.3 .2 Miscellaneous Safety Equipment The Contractor shall provide hard hats (meeting the requirements of ANSI Standard A89 .1-1981), protective eyewear (meeting the requirements of ANSI Standard 287 .1-1979), and disposable PVC gloves to all workers . Safety shoes (meeting the requirements of ANSI Standard 2 41.1-1967) may be required for some activities . • 65 • 8 .3.3 • ' Footwear The Contractor shall provide non-skid, high-top rubber boots or other appropriate footwear to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. END SECTION 66 9.0 Air Monitoring 9.1 Abatement Air Monitoring for Background Levels and Clearance 9.1.1 Prior to Commencement of Work Prior to. commencement of abatement activities, background air samples will be collected throughout the proposed work area and other potentially impacted locations to detennine the background airborne fiber concentrations. These samples will be analyzed by Phase Contrast Microscopy (PCM). 9 .1.2 During Abatement During the preparation, abatement and clean-up activities, air samples will be collected both inside and outside of the work areas. These samples will be collected by passive (non-aggressive) procedures unless otherwise specified and will be analyzed by PCM. 9 .1.3 Final Clearance Air Samples The Owner's Representative will collect final clearance air samples to demonstrate the acceptability of each abated area for release in accordance with the sampling and analysis procedures given in Section 9.4. These samples will be analyzed by TEM or PCM as specified. 9.1.4 General Information All of the samples collected in accordance with Section 9 .1.1, 9.1.2 and 9 .1.3 will be area samples. The Owner will not collect OSHA compliance air samples on the Contractor's employees. 9.2 Abatement Air Monitoring by the Contractor 9 .2 .1 OSHA Compliance Exposure Monitoring The Contractor shall be responsible for all personal exposure monitoring of his employees . 9 .2.1.1 All results of OSHA compliance air monitoring will be made available to the Owner's Representative prior to commencement of the following shift . 67 • • , 9 .2 .2 Regulatory Requirements The Contractor's air monitoring procedures shall be conducted according to procedures defined in OSHA 29 CFR 1926.58 (specific requirements for exposure monitoring are stated in Part 1926 .58 (f). 9.2.3 Air Monitoring Specialist The Contractor's exposure monitoring shall be performed under the supervision of an . Air Monitoring Specialist. All on-site PCM fiber counting shall be done by a certified Air Monitoring Specialist or Laboratory Analyst. 9.2.4 Minimum Requirements The Contractor shall comply with the following minimum requirements : 9 .2.4.1 Daily OSHA compliance air monitoring performed to ensure that none of the abatement workers are exposed to airborne concentrations of Asbestos in excess of the OSHA Permissible Exposure Limit (PEL) of 0.1 flee of air determined as an eight (8)-hour Time-Weighted Average (TWA). Such monitoring shall be representative of the exposure of each employee assigned to work in the Work area. 9.2 .5 Discontinuation of OSHA Compliance Air Monitoring Daiiy OSHA compiiance air monitoring may be discontinued while full- facepiece, pressure-demand Type C respirators are worn by all employees in the regulated area provided airborne exposures are demonstrated to be less than 0.5 flee, as determined by statistically reliable TWA measurements. 9.3 Contractor Response Actions and Contractor Monitoring Results. 9.3 .1 Fiber Levels in Areas Outside the Work Area Asbestos fiber levels in areas adjacent to the work area or in an part of the building impacted by the abatement activities shall not exceed 0. 010 flee or measured background (whichever is higher) as determined by Phase Contrast Microscopy (PCM). The Contractor shall cease all work 68 immediately in any work area causing or contributing to such a condition. The Contractor shall take remedial action (e.g ., wet cleaning, misting, repair of containment, etc .) to reduce fiber concentrations to acceptable • levels. 9.3.2 Fiber Level Inside the Work Area Asbestos fiber levels inside the work area shall not exceed the ceiling . limit of 0 .2 fiber per cubic centimeter (tlcc), as determined by area samples analyzed using Phase Contrast Microscopy . If these levels are exceeded, the Contractor shall then take immediate action to reduce airborne fiber concentrations through engineering means such as increased ventilation, water misting, etc. 9.4 Clearance Air Monitoring and Analysis 9.4 .1 Notification After clean-up operations are completed , the Contractor shall notify the Owner or Owner's Representative that a work area is ready for final clearance air monitoring (see applicable Sections 5 .3.10 , 5 .3 .11, 5.4 .5 and 5 .5 .1). Upon receipt of such notice, the Owner or Owner's Representative will conduct final clearance air monitoring in accordance with Section 9.4 .2 as required in this specification. 9.4 .2 Final Clearance Air Monitoring by Phase Contrast Microscopy (PCM) and Transmission Electron Microscopy CTEM) 9.4.2 .1 9.4 .2 .2 9.4 .2 .3 9.4 .2.4 The HEP A filtered ventilation equipment shall be in operat ion in the area during final clearance air monitoring . The area must be dry with no visible pools of water or condensation or encapsulation . The Owner will conduct a visual inspection of the work area . If the work area is found to be clean, the Owner or Owner Representative will sample the air in the work area for airborne fiber concentrations (final clearance air monitoring). The Owner's Representative shall perform air sampling in accordance with the requirements of Colorado Air Quality Control Commission Regulation #8 and 40 CFR Part 763 for final air clearance purposes . 69 , , I 9.4.2 .5 TEM Final Clearance Air Samples -CLIENT requires that each of the five (5) inside final clearance air samples are equal to or below seventy structures per square millimeter (70 s/sq . mm.). If the analytical results of any of the five (5) inside final clearance air samples is above the clearance level of 70 s/sq . mm., the sample collections area(s) will be isolated from the areas that met the clearance criteria and the Contractor will be required to immediately re-clean and re-encapsulate the specific area(s). A quantity equal to the number of failed final clearance air samples will be collected in the· re-cleaned area(s) until each meets the TEM clearance criteria. PCM Final Air Clearance -as per all the requirements of the EPA AHERA regulations and CDH Regulation 8. This includes a requirement that each of the five (5) final clearance air samples are equal to or below 0 .01 fibers per cubic centimeter (£Ice). Failure of one (1) or more of the five (5) PCM final clearance air samples will require the Contractor to re-clean and re-encapsulate the entire failed work area(s). A new set of five (5) final clearance air samples will then be collected for PCM analysis . If the clearance criteria is not met, the Contractor shall re- clean the entire work area by using wet methods while providing a HEP A filtered exhaust system during the re- cleaning process. This process of re-cleaning, allowing surfaces to dry and re-testing shall be repeated, with labor costs incurred by the Contractor as well as inspection and final clearance air monitoring costs incurred by the Contractor until the clearance level is achieved. 9.5 Additional Clean-up and Monitoring Requirements 9.5.1 Contractor's Responsibility The Contractor shall be responsible for all costs associated with additional air monitoring, visual inspections, and clean-up in the shower area, clean room, adjacent airlocks, and any areas surrounding the outside of the work area that become contaminated by asbestos debris . The Owner is responsible for the cost of initial final clearance air monitoring. Failure by the Contractor to clean to levels acceptable for 70 clearance will require repeat cleaning, with Contractor labor costs to be incurred by the Contractor. The Owner reserves the right to take • additional samples such as bulk samples and/or tape samples to evaluate the adequacy of surface cleaning. END SECTION • • 71 10.0 Support Activities and Personnel 10.1 Site Security 10.1.1 Work Area The wOTk area shall be restricted to only authorized, trained and properly protected personnel. These personnel may include the Contractor's employees and any other individuals approved by the Owner. A list of authorized personnel shall be established prior to job start and posted in the clean room of the Worker Decontamination Enclosure System. The list shall be updated as necessary. 10. 1.2 Entry into the Work Area The Contractor shall immediately report to the Owner the entry of unauthorized individuals into the work area. 10 .1.3 Log Book The Contractor shall maintain an entry/exit log book in the clean room of the Worker Decontamination Enclosure System or other suitable location . Anyone who enters the work area must record their name, affiliation, time in, and time out for each entry . 10 .1.4 Access to Work Area The Contractor shall provide access to containment work areas through a single Worker Decontamination Enclosure System located at the entrance to each work area . All other means of access (doors, windows, hallways, etc.) shall be blocked or locked to prevent entry or exit from the work area. The only exceptions for this rule are the Water and Equipment Load-Out Enclosure which shall be sealed except during the removal of containerized asbestos waste from the work area and emergency exits in case of fires or accidents. Emergency exits shall not be locked from the inside; they shall be sealed with polyethylene sheeting and tape until they are needed in an emergency situation . All emergency exits shall be labeled as such at all times . 10 .1.5 Control of Site Security The Contractor shall provide site security for his equipment within and outside of the work area. 72 10.1.6 Recordkeeping The Contractor shall maintain a record of the arrival and departure times for all personnel. The log shall include the worker's printed name, social security number, work area assignment, time on-site, time off-site, and the worker's initials. The Contractor shall also establish and maintain all exposur~ records, medical surveillance records, and training records required by OSHA 20 CFR 1926 .58 and provide copies to the Owner's Representative on request. 10.2 Emergency Planning 10.2.1 Emergency Planning Development 10 .2 .2 Emergency planning shall be developed by the Contractor for asbestos workers in the work area, prior to abatement initiation . In addition, the Contractor shall include emergency procedures for workers transporting and handling Asbestos-Containing Materials . Posting of Emergency Procedures The Contractor shall have emergency procedures in written form. These • emergency procedures shall be posted prominently in the clean room and • Equipment Room of the Worker Decontamination Enclosure System . A copy of the emergency procedures shall also be posted in the area assigned to the Contractor in clear view. Everyone prior to entering the work area must read and sign these procedures to acknowledge receipt and understanding of work site layout, location of emergency exits and emergency procedures. In addition, employees transporting and handling/ Asbestos-Containing Waste material must read and sign these procedures to acknowledge receipt and understanding of the emergency procedures. 10.2 .3 Scope ofEmergencv Plans ~ The Contractor shall develop written procedures for the emergency plans and train employees in these procedures . Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces and heat-related injury . The Contractor shall maintain a copy of these emergency plans on-site. 10 .2.4 Employee Training The Contractor shall train his employees in evacuation procedures in the event of work place emergencies . 73 • . ·. 10 .2.4 .1 10 .2.4 .2 For non-life threatening situations, employees injured or otherwise incapacitated shall decontaminate following normal procedures, with assistance from fellow workers if necessary, before exiting the work area to obtain proper medical treatment. For life threatening mJury or illness, worker decontamination shall take least priority. After measures to stabilize the injured worker are taken, remove the worker in accordance with directions from a qualified emergency person or a physician from the work area, and secure proper medi'cal treatment for the worker. 10.2.5 Posting of Telephone Numbers The Contractor shall have telephone numbers of all emergency response personnel posted prominently in the clean room and equipment room, along with the location of the nearest telephone. 10.3 Training 10 .3.1 Personnel Requiring Training The Contractor shall pro vide EPA approved training to all employees or agents who may be required to disturb or handle Asbestos-Containing Materials or Asbestos-Containing Waste Materials for abatement, transportation, disposal and auxiliary purposes, and to all supervisory per sonnel who may be in volved in planning , execution or inspection of abatement projects . All Contractor personnel shall be certified by the State of Colorado . Individuals not certified by the State of Colorado will not be allowed to perform any abatement activities including but not limited to preparation . 10 .3 .2 Minimum Training Information The training provided by the Contractor shall provide, at a minimum, information of the following topics : 10 .3.2.1 The health hazards of asbestos , including the nature of various asbestos-related diseases, routes of exposure, known dose-response relationships, the synergistic relationship between asbestos exposure and cigarette smoking, latency periods for disease, and health basis for standards . 74 10.3.2.2 10.3.2.3 10.3.2.4 10.3.2.5 10.3.2 .6 10.3.2.7 10.3 .2.8 The physical characteristics of asbestos including fiber size, aerodynamic properties, physical appearance and use. Employee personal protective equipment including the types and characteristics of respirator classes, limitations of respirators, proper selection, inspection, donning, use, maintenance and storage of respirators, field testing the facepiece-to-face seal (positive and negative pressure fit checks), qualitative and quantitative fit-testing procedures, variations, between laboratory and field fit factors, factors that meet respirator fit (e.g ., facial hair), selection and use of disposable clothing, non-skid shoes, gloves, eye protection, and hard hats. Medical monitoring requirements for workers including required and recommended tests, reasons for medical monitoring and employee access to records . Air monitoring procedures and requirements for workers including description of equipment and procedures, reasons for monitoring, types of samples and current standards with recommended changes . Work practices for asbestos abatement, transportation, and handling including purpose, proper construction and maintenance of air-tight plastic barriers, job set-up of airlocks, Worker Decontamination Enclosure Systems and Waste and Equipment Load-Out Enclosure Systems, posting of warning signs, engineering controls for electrical ·and ventilation system lockout, proper working techniques, waste clean-up, waste handling, storage and disposal procedures. Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking and chewing in the work area. Special safety hazards that may be encountered including electrical hazards, air contaminants (carbon monoxide, wetting agents, encapsulants, materials from a Building Supervisor's operation), fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise . 75 • • • • • • 10.3 .2 .9 The OSHA and EPA guidelines applicable to this project. 10.3.3 Workshops Required for Personnel The Contractor shall have his employees attend the following types of workshops. 10 .3 .3.1 10 .3 .3.2 Both supervisory personnel and abatement workers shall attend workshops to show them and provide them with experience related to the construction of containment barriers and decontamination facilities . Supervisory personnel shall, in addition, receive training for contract specifications , liability insurance and bonding, legal considerations related to abatement,· establishing respiratory protection and medical surveillance programs, and EPA and OSHA recordkeep ing requirements . 10 .3.4 Qualifications of Personnel Providing Training Training must be provided by individuals qualified by virtue of experience and education to discuss the topic areas in Section 10 .3.3 . 10 .3 .5 Time Requirements Training is to have occurred within twel ve (12) months prior to the initiation of abatement activities . 10.3.6 T raining Documentation The · Contractor must document training by providing; date of training, training entity, course outline, and names and qualifications of trainers . 10.3.7 Specific Training Requirements For the purpose of this specification the 11 Asbestos Worker Certification 11 training programs or an equivalent program shall be required. Each employee as defined in 10 .3. l shall attend and possess a certificate from such training . 76 10.4 Medical Monitoring 10.4.1 Personnel Requiring Medical Monitoring The Contractor must provide medical monitoring to any employee or agent that may be exposed to asbestos in excess of background levels during any phase of the abatement project. 10.4.2 Minimum Medical Monitoring Requirements Medical monitoring provided by the Contractor shall include at a nurumum: 10.4.2 .1 10.4 .2 .2 10.4.2.3 A medical and work history with special emphasis directed to the pulmonary, cardiovascular and gastrointestinal systems . On initial examination, the standardized questionnaire (contained in OSHA 29 CFR 1926.58 Appendix D, Part I) and , on annual examination, the abbreviated standardized questionnaire (contained m OSHA 29 CFR 1926 .58 Appendix D, Part 2). Any other examinations or tests deemed necessary by the examining physician . 10.4 .3 Examination by a Phvsician The Contractor shall require his employees to be evaluated by a physician to determine their capability to work safely while breathing through the added resistance of a respirator, carrying the extra weight of a respirator, or are psychologically able to wear a respirator. (Examining physicians shall be made aware of the nature of respiratory protective devices and their contributions to breathing resistance . They shall also be informed of the specific types of respirators the employee shall be required to wear and the work he will be required to perfonn, as well as special work place conditions such as high temperatures, high humidity, and chemical contaminants to which he may be exposed.) This examination can be a part of the required asbestos medical examination. END SECTION 77 • • • WORKER TRAINING ACKNOWLEDGMENT STATEMENT Jn consideration of my employment by ATC Environmental Inc., the undersigned does hereby acknowledge, warrant, represent, covenant and agree as follows : 1. I acknowledge and understand that I have been or will be employed with the removal of, disposal of, or other treatment to, asbestos, or other work in asbestos-contaminated work area and I acknowledge that I have been advised of and I understand the dangers inherent in handling asbestos and breathing dust, including, but not limited to, THE FACT THAT ASBESTOS CAN CAUSE ASBESTOSIS AND IS A KNOWN CARCINOGEN AND CAN, THEREFORE CAUSE VARIO US TYPES OF CANCER, AND I AM AW ARE OF THE INCREASED RISK OF CONTRACTING LUNG CANCER ASSOCIATED WITH SMOKING AND ASBESTOS EXPOSURE . 2. I have had instruction and training in asbestos abatement methods, personnel monitoring, medical surveillance, asbestos fiber control measures, respirator use, protective clothing use, decontamination procedures, emergency procedures, OSHA and EPA regulations, and I understand the above instruction . 3. I acknowledge and understand that ANY CONTACT WITH ASBESTOS, WHETHER IT CAN BE SEEN OR NOT, MAY CAUSE ASBESTOSIS AND VARIO US FORMS OF CANCER, WHICH MAY NOT SHOP UP FOR MANY YEARS, AND I covenant and agree faithfully to take all precautions required by any public agency. 4. I knowingly assume all risks in connection with potential exposure to asbestos and I do hereby, for myself and my heirs at law, release and forever discharge the Owner, Owner's Representative, Abatement Observation Service, Testing Laboratory or consultants employed by the aforesaid, and all of their directors, officers, agents, employees, nominees, personal representatives, affiliates, successors and assigns from and against any and all liability whatsoever, at common law or otherwise, except any rights which the undersigned may have under the provisions of the applicable worker's compensation laws . Except as specifically set forth herein, I hereby waive and relinquish any and all claims of every nature which I now have or claim to have which are in any way, directly or indirectly, related to exposure to asbestos or working with asbestos and asbestos-containing materials . 5. Should any portion of this agreement be found in a court of competent jurisdiction to be valid, the remaining terms and conditions shall be in full force and effect. This agreement is entered pursuant to Colorado Law. 6. I hereby warrant and represent that I have not been disabled, laid off or compensated in damages or otherwise, because of asbestos-related diseases, and I know of no health-related reasons why I should not be employed. Date _________ _ Signature _______________ _ Social Security Number _________ _ • • • •• le I I i I ! I r---, I t I ~· I t. I G ~· 9 ~· aj < (l} ' . ·' ... cu $. ri ·., ~· G -.. G '<). © 0 -<ti,_.;;~ . ~~ 0 ... ...J < a: ,5 :§ UJ I-. .J c( 'Ul I .J ::? ' Q., I :E .< Vl ~ :E z ~ LL.. • 0 0 a: I ,Z ·o I ;-~§ '.J \ Ul '.J Jg., I ::;E .< 'Vl I ::;E ;~ i .Z :0 :z 0 II II II i.. II II 1111111 ,/' ,..