SECTION ASBESTOS ABATEMENT

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1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 specification sections shall apply to work of this section SCOPE OF WORK A. Asbestos Removal Contractor shall be responsible for, but not limited to, the following: 1. Submission and approval of required notification prior to commencement of work. 2. Removal of all asbestos material within the asbestos removal limit line. 3. Contractor shall inspect facility and insure that all asbestos material has been removed in accordance with the specifications. 4. Furnish all labor, materials, services, insurance and equipment necessary to carry out the removal operation in accordance with applicable regulations and codes. 5. Be responsible for obtaining approval for a waste disposal site and transportation of waste to waste disposal facility. Waste disposal facility must have a valid NYS DEC or Regulatory Waste Authority permit. Waste transporter shall have a valid NYS DEC, Division of Solid & Hazardous Materials, Part 364 Waste Transporter Permit. 6. Post all applicable regulations at the job site. 7. Maintain the required log of all persons entering work area. 8. Provide Owner with Close-Out Report and Record Drawings containing all information pertaining to the removal and disposal of asbestos containing materials (quantity and location). 9. Provide Owner with record drawing of asbestos removal including location, quantity and type of asbestos removed REGULATIONS AND CODES A. All work of this contract shall comply with all applicable Federal, State, Local and Municipal regulations including, but not limited to: 1. Toxic Substances Control Act (TSCA) Title II Asbestos Hazard Emergency Response Act (AHERA) (October 22, 1986) and most recent amendments/editions. 2. Environmental Protection Agency (EPA) Final Rule Act (AHERA) 40 CFR Part 763 Subpart E (October 30, 1987) and most recent amendments/editions. 3. Environmental Protection Agency (EPA) Worker Protection Rule 40 CFR Part 763 Subpart G, (February 25, 1987) and most recent amendments/editions. 4. National Emission Standards for Hazardous Air Pollutants (NESHAPS) 40 CFR 61 Subpart A - General Provisions and most recent amendments/editions. 5. National Emission Standards for Hazardous Air Pollutants 40 CFR 61 Subpart M - Asbestos Provisions and most recent amendments/editions. 6. Summary of Occupational Safety and Health Administration (OSHA) 29 CFR General Industry Standard. 7. Occupational Safety and Health Administration (OSHA) 29 CFR General Industry Standard. 8. Occupational Safety and Health Administration (OSHA) 29 CFR Construction Standard and 29 CFR Construction Standard "Excursion Limit" (Amended September 14, 1988). 9. Occupational Safety and Health Administration (OSHA) 29 CFR , Subpart I and Appendix A3, Respiratory Protection Standard. 10. New York State Department of Environmental Conservation (DEC): 6 NYCRR Part Waste Transporter Permits. 11. New York State Department of Labor (DOL): Industrial Code Rule No. 56 as amended March 21, 2007, Guidance Document 2.0 released January 24, 2009; include current amendments. PAGE NO. 1

2 12. Fire Code of New York, 2010 Including Technical Bulletins issued by the New York State Department of State. 13. Existing Building Code of New York State 2010, Including Technical Bulletins issued by New York State Department of State. 14. Building Code of New York State 2010, Including Technical Bulletins issued by New York State Department of State. 15. New York State Department of Labor (DOL), Title 10, Part DEFINITIONS A. See NYSDOL Industrial Code Rule No. 56. B. See Chapter 2 of the Fire Code, Existing Building Code & Building Code of New York State for other definitions CONTRACTOR LIABILITY A. It is understood and agreed that the handling, removal and disposition of asbestos or asbestos products involves certain health risks which require specific safety measures. Owner and Consultant (Architect/Engineer) shall not be responsible for safety measures on the job, including measures for the protection of employees or other contractors or subcontractors, nor for the protection of the general public. Such responsibility for safety is and shall remain that of Contractor. Therefore, except for claims and damages arising for negligent acts, errors or omissions of Consultant. Contractor agrees to hold harmless, defend and indemnify Owner and Consultant from all claims, suits, expenses, or damages arising from or alleged to arise from exposure to or inhalation of asbestos or asbestos fibers CONTRACTOR REQUIREMENTS A. During all Asbestos Abatement (Phase II) Activities the Asbestos Abatement Contractor shall have a "Contractor Supervisor" on site. If the Contractor Supervisor is not on site during Asbestos Abatement activities, work shall stop and shall not commence until the Contractor Supervisor has returned to the project site. B. The Contractor Supervisor shall have a minimum of five (5) year experience as a project (contractor) supervisor, the experience shall be similar in scope, size and complexity. C. The Project Supervisor shall be capable of communicating in english and the native language of the asbestos abatement work crew (handlers/ workers) NOTICES AND PERMITS A. Comply with the standards referenced in Part 1 of this section. B. Contractor to submit DOSH 465 from "Non-Friable Asbestos or Asbestos Material Roofing Project(s)". C. Required notification to be based on removal in excess of 260 lf. or 160sq. ft. Contractor shall be responsible for all initial, renewal, amended and emergency notifications and related fees associated with notification of asbestos project. Contractor shall provide copy of Asbestos Project Notification to Environmental Consultant and Designated Owner's Representative. D. Should the contractor discover a material that he suspects is an asbestos containing material and believes the material shall be tested. He shall stop all work and contact the Environmental Consultant and the Architect. The Owner's Environmental Consultant with permission of the Owner will collect the required samples and complete the analysis of said material. Samples and analysis by the contractor or other consultant other than that of the Owner's will not be accepted ENVIRONMENTAL CONSULTANT A. An Environmental Consultant will be employed by the Owner and shall represent the Owner in all matters pertaining to the work performed in accordance with these specifications and requirements. PAGE NO. 2

3 B. The Environmental Consultant is authorized by the Owner to oversee all removal work, to interpret procedures and to enforce all provisions of the contract documents and NYS Code Rule 56 pertaining to the removal of asbestos containing insulation. C. The Environmental Consultant is authorized to stop work if, in his opinion, there is a substantial non-conformance with the contract documents and NYS Code Rule 56 and/or a situation presenting a health hazard to workers or to the Owner's employees. D. The Environmental Consultant shall attend project meetings as well as schedule meetings as required to expedite the Asbestos Removal Work and act as the Owner's liaison in all matters involving the work. E. The Environmental Consultants role in health and safety matters does not alleviate the Contractor's obligation to comply with all applicable health and safety regulations promulgated by the local state or federal government. F. The Environmental Consultant shall perform air sampling during the removal project. The Contractor shall cooperate fully with the Consultant and shall ensure the cooperation of his workers during collection of personal air samples. The collection, if any, of personal air samples does not relieve the Contractor of his responsibility to collect personal air sampling of his asbestos workers. Contractor shall monitor at least 25% of his employees SUBMITTALS A. See Section Submittal Procedures, for submittal process. B. "Submit" means to forward and electronic copy to the Designer of Record and the Environmental Consultant for review. C. Submittals shall be forwarded a minimum of ten (10) days prior to the Anticipated Commencement of the Asbestos Abatement Work and any resubmissions shall be expedited. D. Prior to commencement of work: 1. Submit copy of required notifications per the standards referenced in Part 1 of this section. 2. Submit Work Plan: A written work plan that describes the asbestos abatement methods to be used including the type of decontamination units, the decontamination locations and Contractor's worker protection plan shall be submitted to the Asbestos Designer of Record and to the Environmental Consultant prior to abatement activities. 3. Submit satisfactory proof to Asbestos Designer of Record and Environmental Consultant that all required permits, site location and arrangements for transport and disposal of asbestos containing or contaminated materials, supplies and the like have been obtained, including: a. One current copy of each Contractor's asbestos handler' s license and one copy of each employee's asbestos handler' s certificate. In addition to the asbestos handlers licenses, the Asbestos Abatement Contractor shall submit each employees "OSHA 10" card. Should Handlers' or Supervisor's documentation expire during the duration of the project the Asbestos Contractor shall submit replacement documents. b. Copy of waste hauler' s NYSDEC permit and one copy of NYSDEC Certificate of Approval for the ACM waste disposal site. c. Submit a written description and scale drawings for the construction of decontamination enclosure systems and for isolation of the work areas in compliance with this specification and applicable regulations. Show all equipment locations and exhaust locations. d. Submit documentation indicating that all employees have had instruction on the hazards of asbestos exposure, on use of fitting of respirators, on protective dress, on use of showers, on entry and exit from work areas and on all aspects of work procedures and protective measures. e. Submit location and installation method of air exhaust (negative air) system. f. Submit documentation certifying that all workers employed in asbestos related aspects of the job have had medical examinations as prescribed by the OSHA regulations and have been found fit to perform work while wearing a respirator. This PAGE NO. 3

4 certification is to be signed by a physician indicating that he has reviewed the relevant medical records and that they support the certification. Medical records are not to be submitted and will not be accepted. g. The Contractor and Owner shall agree in writing on the condition of the building and fixtures and background level, prior to commencement of the work. h. Contractor shall submit copy of his daily log. i. Submit manufacturer's certification that vacuums, ventilation equipment and other equipment required to contain airborne fibers, conform to ANSI Z9.2. j. The Contractor shall establish a manifest system that accounts for all asbestos waste. The manifest system shall be described in writing and will be subject to the approval of the Environmental Consultant. Copies of the written description and any receipts generated during the handling and disposal process shall be provided to the Owner. The Contractor must be able to demonstrate custody over all asbestos waste from the time it is removed from the work area until it is deposited at the landfill. The Asbestos Disposal Manifests completed by all Parties shall be submitted to the Owner within (45) days after the abatement has been completed and the Asbestos material debris has been removed from the site (for each phase of work). k. Submit schedule of removal. 4. Prior to Final Payment: a. Submit closeout package to include: 1) Copy of Notifications. 2) Copy of Contractor Asbestos License and Employees involved in the project. Certificates and Documentation as indicated in C.6. 3) Copy of Haulers Permit. 4) Copies of Daily Work Area Entry Logs. 5) Copies of Lab Reports on Personal Air Monitoring. 6) Copies of Asbestos Disposal Manifests completed by all Parties, for each phase of work as applicable. 7) Copy of Record Drawing indicating locations type, and quantities of ACBM removed. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 ASBESTOS-CONTAINING MATERIAL HANDLING AND REMOVAL PROCEDURES A. Comply with the standards referenced in Part 1 of this Section. B. Removal of existing fixed items or built-in furnishings and equipment as necessary to access areas scheduled for abatement. C. The contractor is responsible for providing adequate lighting of the work area to be abated. Minimum lighting levels in work area shall be 10 foot candles. D. Asbestos Contractor shall have appropriate type & quantity of Equipment on site in the event that the primary equipment malfunctions. E. Remove and dispose of all asbestos containing materials as noted within the designated work areas on the Contract Drawings CLEANUP PROCEDURES A. Comply with the standards referenced in Part 1 of this section AIR SAMPLING, MONITORING AND ANALYSIS A. Air Monitoring Tests: The Owner shall employ the services of an independent testing laboratory to perform air sample monitoring tests. The laboratory shall use the methods described in standards referenced in Part 1 of this section, except the clearance test shall be TEM Method (Transmission Electron Microscope) and PCM Method (Phase Contrast Microscopy). PAGE NO. 4

5 B. The Contractor shall be responsible for all costs associated with additional air sampling and analysis should the work area not pass initial clearance and sampling DISPOSAL OF ASBESTOS-CONTAINING MATERIAL AND RELATED DEBRIS A. Transport the asbestos-containing waste, related debris, and waste water to the approved disposal site. Comply with the standards referenced in Part 1 of this section. B. The Asbestos Abatement Contractor shall return a fully executed waste shipment record to the owner within 35 days after Asbestos waste has left the project site. If project is completed in phases, the waste shipment record shall be returned within thirty five days after ACM Waste for each phase is removed from the project site RESTORATION A. Remove temporary decontamination facilities and restore area designated for these facilities to its original condition or better RECORD KEEPING A. In addition to required record keeping, Contractor shall retain: 1. Entry and exit log. 2. Results of personal monitoring samples. Worker's medical exams. B. Provide Owner with Close-Out Report containing all records and documentation on the removal and disposal of asbestos containing materials. END OF SECTION PAGE NO. 5

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