Exhibit A Scope Services.pdf

DOT-RFP-24-6190BJ Exhibit A - Scope of Services Page 1

State of Florida Department of Transportation

EXHIBIT “A”

SCOPE OF SERVICES

TO PROVIDE DISTRICT-WIDE RIGHT-OF-WAY- ASBESTOS AND AIR

MONITORING CONSULTING SERVICES

IN MIAMI-DADE AND MONROE COUNTIES FOR THE FLORIDA

DEPARTMENT OF TRANSPORTATION (FDOT).

PROJECT/PROPOSAL NUMBER: DOT-RFP-24-6190BJ

FINANCIAL PROJECT NUMBER: Various

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Table of Contents

1.0 GENERAL INFORMATION………………………………………………………………………………………… 3

2.0 PURPOSE……………………………………………………………………………………………………………… 3

3.0 DEFINITIONS………………………………………………………………………………………………………… 4

4.0 CONSULTANT RESPONSIBILITIES……………………………………………………………………………… 6

5.0 CONTRACT ADMINISTRATION…………………………………………………………………………………. 28

6.0 SUSPENSION OF WORK……..…………………………………………………………………………………….. 32

7.0 DEPARTMENT OF RESPONSIBILITIES………………………………………………………………………

8.0 RULES AND REGULATIONS……………………………………………………………..……………………….. 34

9.0 PROPERTY OF THE DEPARMENT………………………………………………………………………………. 34

10.0 METHOD OF COMPENSATION…………………………………………………………………………………… 35

11.0 BID/PROPOSAL SUBMITTAL……………………………………………………………………………………... 36

12.0 AWARD OF THIS CONTRACT/AGREEMENT…………………………………………………………………... 36

13.0 THE CONTRACTOR SHALL AGREE TO THE FOLLOWING ……………………………………………….. 37

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1.0 GENERAL INFORMATION:

1.1 A performance or surety bond in the amount of Fifty Thousand Dollars ($50,000.00) shall be required for this project.

1.2 The DEPARTMENT shall provide a “Project Manager” for administering the terms of this

CONTRACT/AGREEMENT.

1.3 Quantities are estimated. The contract amount is not the correct sum of the Unit bid price times the planned quantity for each item shown on the Exhibit “C” Bid Blank for this

CONTRACT/AGREEMENT. These amounts are for bidding purposes only.

2.0 PURPOSE

2.1 The Florida Department of Transportation, hereafter known as the DEPARTMENT requires sealed written bids from experienced State of Florida Certified Asbestos Consultants, licensed pursuant to Chapter 469, Florida Statutes, hereafter known as the CONSULTANT, to provide District-wide Right-Of-Way Asbestos Consultant Services for property acquired by the Florida Department of Transportation (FDOT).

2.2 This Exhibit “A”, Scope of Services along with the CONTRACT/AGREEMENT describes and defines activities which may be required by the Florida Department of Transportation for Right-of-Way Asbestos Consultant Services in District Six. As services are identified, the Departments Project Manager (or his/her designee) shall issue a “Letter of Authorization/Task Assignment” to perform the required services. The CONSULTANT understands and agrees the award of this CONTRACT/AGREEMENT does not necessarily grant the performance of any specific work.

2.3 The purpose of this CONTRACT/AGREEMENT is to retain the State of Florida Certified Asbestos Consultant, licensed pursuant to Chapter 469, Florida Statutes, to provide Right-of-Way Asbestos Consultant services. Asbestos surveys, and if necessary abatement are needed after the acquisition of property including roads and bridges to the time of construction or demolition. For projects commissioned by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) the CONSULTANT shall perform the following for facilities to be demolished by the DEPARTMENT.

2.3.1 Perform an Asbestos Survey

2.3.2 Prepare Operation and Maintenance Plans

2.3.3 Prepare Abatement Specifications

2.3.4 Perform Re-inspection

2.3.5 Asbestos Abatement and/or Demolition Supervision Operations

2.3.6 Contract Administration

2.3.7 Final Clearance Activities

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2.4 These facilities have been or are in the process of being purchased or use by the DEPARTMENT of Transportation. The buildings are currently scheduled for demolition and therefore must be surveyed and the presence or absence of ACM (Asbestos Containing Material) documented. An Operation and Management (O&M) Plan and asbestos abatement specification must also be developed if ACM (Asbestos Containing Material) is determined to be present. Abatement specifications are to be of sufficient detail so as to be used as a Scope of Services for an asbestos abatement contract. Contract administration, asbestos abatement and demolition supervision, re-inspection, and final clearance activities shall also be provided by the CONSULTANT.

2.5 This includes, but is not limited to, those operations necessary for mobilization, the movement of personnel, equipment, supplies, expertise, incidentals, permits, notifications, and fees associated with such notifications, if any. These services will be required for various parcels on an as-needed basis with no minimum amount of work guaranteed.

2.6 This is an indefinite quantity CONTRACT/AGREEMENT where the CONSULTANT agrees to furnish services during a prescribed period of time. The specific period of time completes such a CONTRACT/AGREEMENT, unless services are terminated.

2.7 This CONTRACT/AGREEMENT shall begin on the date the Notice to Proceed is given and shall continue for a period of thirty-six (36) months. This CONTRACT/AGREEMENT may be renewed for a period that may not exceed 3 years or the term of the original CONTRACT/ AGREEMENT whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Renewal of the CONTRACT/AGREEMENT shall be in writing and shall be subject to the same terms and conditions set forth in the initial CONTRACT/AGREEMENT.

2.8 Parcels involved shall vary, in number and type.

2.9 The CONSULTANT shall determine all dimensions, quantities, and site conditions.

Dimensions/square footage referred to in Exhibit “C” Price Proposal are not exact and are cited only to provide the Proposer with a reasonable approximation of the extent of work expected under this CONTRACT/AGREEMENT. No additional per unit costs will be considered by the DEPARTMENT with regard to variances in the dimensions or square footage.

3.0 DEFINITIONS

3.1 Contract/Agreement

All documents, exhibits and attachments specifying services to be performed/provided by the CONSULTANT, billing rates for these services and how the CONSULTANT shall be compensated for these services, executed by both the CONSULTANT and the

DEPARTMENT.

3.2 Consultant

The CONSULTANT retained by the DEPARTMENT to perform District-wide Right-Of-Way Asbestos Consultant Services described in this Scope of Services

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3.3 Department

The Florida Department of Transportation (FDOT).

3.4 Project Manager

The DEPARTMENT’S staff member(s), manager(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed/provided by the CONSULTANT for the Florida Department of Transportation (FDOT) as described in this

CONTRACT/AGREEMENT.

3.5 Notice to Proceed

An official letter issued by the Contractual Services Office authorizing the start of the CONTRACT/ AGREEMENT. There shall be one (1) Notice to Proceed issued for the initial CONTRACT/ AGREEMENT. For any additional work that shall be added to this CONTRACT/AGREEMENT by Supplemental Agreement/Amendment an additional Notice to proceed shall be issued. If Letters of Authorization are required under this CONTRACT/AGREEMENT, then the CONSULTANT shall not commence work until receipt of the Letter of Authorization/Task Assignment (as defined below) from the DEPARTMENT or the Department’s Project Manager (or his/her designee).

3.6 Letter of Authorization

A letter or task work order issued by the DEPARTMENT or the Department’s Project Manager (or his/her designee) authorizing the CONSULTANT to commence work on a specific task in accordance with the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT. Completion due dates and fees are specified in the Letter of Authorization.

3.7 Task Assignment

One or more tasks assigned under this CONTRACT/AGREEMENT in connection with the district-wide Right-Of-Way Asbestos Consultant Services.

3.8 Written Notice

Written notice is herein defined as notice in writing signed and may be a facsimile of the original.

3.9 Department Observed Holidays

The following holidays are observed by the DEPARTMENT. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed.

3.9.1 New Year’s Day

3.9.2 Martin Luther King Day

3.9.3 Memorial Day

3.9.4 Independence Day

3.9.5 Labor Day

3.9.6 Veteran’s Day

3.9.7 Thanksgiving Day and the following day

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3.9.8 Christmas Day

3.10 Department Business Hours

Typically 8:00 A.M. through 5:00 P.M., Monday through Friday in which the DEPARTMENT conducts routine business.

3.11 Department Non-Business Hours

Typically holidays, weekends, and night time frames in which the DEPARTMENT is closed to conducting routine business

3.12 Department Procedures

Standard day-to-day process which relates to the type of services being requested in this

CONTRACT/AGREEMENT.

3.13 Premise(s)

All Florida Department of Transportation (FDOT) property identified by the Department’s Project Manager/ (or his/her designee) and any other property that may be added to or deemed part of this CONTRACT/AGREEMENT.

3.14 DBE signifies Disadvantage Business Enterprises

Participation by Disadvantage Business Enterprises: The CONSULTANT shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the CONSULTANT and any sub-consultant or contractor.

The CONTRACTOR, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FDOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this CONTRACT/AGREEMENT or such other remedy as the recipient deems appropriate.

4.0 CONSULTANT RESPONSIBILITIES

4.1 Coordination with the Department

4.1.1 All aspects of this CONTRACT/AGREEMENT and/or of each authorization or task shall be coordinated through the Department’s Project Manager (or his/her designee). All authorizations and approvals shall be in writing and executed by the DEPARTMENT prior to the commencement of work.

The Project Manager is Emma Halim Property Management Administrator/Operations

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Located at:

Florida Department of Transportation Right-of Way Administration 1000 Northwest 111 Avenue, Room 6105-B Miami, Florida 33172

The following persons in addition to the Department’s Project Manager are authorized to issue Letters of Authorization/Task Assignment initiating services under this CONTRACT/AGREEMENT:

Emma Halim Property Management Administrator/Operations

Ivan Reyes Right of Way Support Administrator

4.1.2 In the Department’s Project Manager’s temporary absence from the office, the DEPARTMENT shall authorize another individual to perform the Department’s Project Manager’s duties.

4.1.3 The DEPARTMENT may replace the Department’s Project Manager (or his/her designee) at any time during the term of this

CONTRACT/AGREEMENT.

4.2 Providing Contract Administration Assistance to the Department.

The CONSULTANT shall provide Asbestos Abatement and Demolition Agreement Administration Assistance to the DEPARTMENT including, but not limited to the following:

4.2.1 Assist the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with the preparation, advertising, and revision of any Invitation to Bid/Request for Proposal package prepared for Asbestos Abatement Procurement activities.

4.2.2 Receive, answer and report to the DEPARTMENT on abatement Invitation to Bid/Request for Proposal questions received from asbestos Consultants/Contractors during the abatement proposal period.

4.2.3 Assist the DEPARTMENT in evaluating the asbestos consultants/contractors' qualifications during the abatement contract selection process.

4.2.4 Assist in conducting a pre-bid/pre-proposal conference and conduct any on-site inspections with prospective Abatement Consultants/Contractors if required.

4.2.4.1 The CONSULTANT shall develop an agenda and provide any necessary handouts and visual aids necessary to produce an effective pre-bid/pre-proposal presentation.

4.2.4.2 Site inspections shall be coordinated and conducted by the

CONSULTANT.

4.2.4.3 The pre-bid/proposal conference and on-site inspections shall be conducted in order to clarify technical concerns regarding abatement specifications.

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4.2.5 Provide any other administrative or technical assistance required pursuant to Asbestos Abatement Procurement and contracting activities including, but not limited to:

4.2.5.1 Review of CONSULTANT’S submittal information

4.2.5.2 Drafting of addenda

4.2.5.3 Assisting the DEPARTMENT with resolving any disputes pertaining to asbestos procurement and contracting activities.

4.2.6 Conduct pre-construction conferences and inspections with the successful Abatement Consultants/Contractor(s) in order to finalize the scope of work;

establish schedules, personnel and equipment requirements; and resolve any technical issues pertaining to the performance of the asbestos abatement project.

4.2.7 Coordinate and administer those activities, which are necessary to initiate, perform and complete Asbestos Abatement operations with the successful Abatement CONSULTANT. This shall include review and approval of the CONSULTANT’S pre- and post-Abatement submittals required pursuant to executed Asbestos Abatement contract and Abatement specifications.

4.2.8 Assist the DEPARTMENT in the development and administration of contract provisions associated with demolition operations. These provisions shall be geared toward compliance with NESHAP (National Emissions Standard for Hazardous Air Pollutants) requirements concerning non-friable ACM (Asbestos Containing Material) and the performance of wet demolition operations.

4.2.9 The CONSULTANT certifies that the services that they shall provide under this CONTRACT/AGREEMENT shall include, but not be limited to any of the following which are applicable: those operations necessary for mobilization, the movement of personnel, equipment, supplies, expertise, incidentals, permits, notifications, and fees associated with such notifications, if any. These services will be required on an as-needed basis with no minimum amount of work guaranteed.

4.2.10 The CONSULTANT shall furnish to the Florida Department of Transportation (FDOT) the services required at the hourly rates that are depicted in the Exhibit “C” Price Proposal attached hereto and made a part hereof.

4.2.11 If the procedural regulations referenced herein are revised or superceded before the services by the CONSULTANT are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

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4.3 Work Supervision

4.3.1 All asbestos consulting activities are to be conducted under the direction of an asbestos consultant licensed pursuant to Chapter 469, Florida Statutes and shall be conducted in accordance with sections 255.551 – 255.565 Florida Statutes.

4.3.2 The CONSULTANT shall adhere to all other applicable local, state and federal laws, regulations, and guidelines pertaining to asbestos consulting activities in vacant state-owned buildings proposed for demolition, including Asbestos Management, Section 10.7, of the Right of Way Manual established by the DEPARTMENT, which is herein incorporated by reference.

4.3.3 The CONSULTANT’S work shall be performed and/or directed by the key personnel identified by the CONSULTANT in their Proposal submitted to the

DEPARTMENT.

4.4 Sub-Contractor(s)/Sub-Consultant(s)

4.4.1 It may be necessary for the CONSULTANT to subcontract/subconsult portions of the work. All Sub-Contractor(s)/Sub-Consultant(s) whether it be an individual or a firm must be approved and qualified by the DEPARTMENT prior to the initiation of any work.

4.4.2 The CONSULTANT shall be fully responsible for the satisfactory completion of all subcontracted/subconsulted work.

4.4.3 The CONSULTANT shall provide the DEPARTMENT or the Department’s Project Manager (or his/her designee) with copies of the names for all Sub- Contractor(s)/Sub-Consultant(s) or employees who shall be performing the work as required.

4.4.4 The CONSULTANT will maintain close contact with DEPARTMENT to ensure that major expenses are not incurred for materials, goods and services that can be provided by the DEPARTMENT.

4.5 License and Insurance Qualifications

4.5.1 The prime proposer shall be required to submit proof of the following along with the sealed proposal:

4.5.1.1. That the prime proposer (the firm, not the individual) is authorized and licensed to do business in the State of Florida.

4.5.1.2 A State of Florida occupational license for Asbestos Consulting Services.

4.5.1.3 A notarized statement that the firm has been actively engaged in the required services for a minimum of two (2) years.

4.5.1.4 That the prime proposer is a State of Florida certified asbestos consultant, licensed pursuant to Chapter 469, Florida Statutes, to provide asbestos consulting services.

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4.5.1.5 The proposer must submit, a current letter from a surety company or bonding agent authorized to do business in the State of Florida and written on company letterhead, to document the proposer’s present ability to obtain a performance bond in the amount of $50,000.00 (fifty thousand dollars).

4.5.1.6 The proposer shall provide a letter from an insurance company authorized to do business in the State of Florida indicating that upon award of the contract the insurance company shall provide the Consultant with all the insurance requirements that are stated in the request for proposal.

4.5.1.7 The proposer shall submit proof of their ability to have and maintain during the period of the agreement, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675, Florida Statutes, and section 337.106, Florida Statutes, with a company authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in the amount of at least $1,000,000.00 (one million dollars). The proposer shall also submit proof of their ability to maintain this professional liability coverage for a minimum of three years after completion of the services of the agreement.

4.5.2 The CONSULTANT must hold the licenses necessary to provide the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT these services in Miami-Dade and Monroe Counties.

4.5.3 The CONSULTANT shall certify that skilled technicians and/or Sub- Contractor(s)/Sub-Consultant(s) who possess the necessary specialty licenses, as required by law to perform the work, shall provide these services and any other asbestos consultant services that may be required.

4.5.4 The CONSULTANT shall provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with copies of the required specialty licenses for all Sub-Contractor(s)/Sub-Consultant(s) or employees who shall be performing the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT and any other services that may be required.

4.5.5 The CONSULTANT shall be required to provide the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) with the required types of insurance in the limits as stated in this CONTRACT/AGREEMENT.

4.5.6 The CONSULTANT shall carry and keep in force during the period of the CONTRACT/AGREEMENT and any subsequent renewals a current general liability insurance policy or policies with a company or companies authorized to do business in the State of Florida, affording public liability insurance with combined bodily injury limits of at least Two Hundred Thousand Dollars ($200,000.00) per person and Three Hundred Thousand Dollars ($300,000.00) each occurrence, and property damage insurance of at least Three Hundred Thousand Dollars ($300,000.00) each occurrence.

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4.5.7 The CONSULTANT must have and maintain during the period of this CONTRACT/ AGREEMENT, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675, Florida Statutes, and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the state of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this CONTRACT/AGREEMENT in such the amount of One Million Dollars ($1,000,000.00). The CONSULTANT shall maintain professional liability coverage for a minimum of three years after completion of the services rendered herein.

4.5.8 The CONSULTANT shall provide the DEPARTMENT with a current Certificate of Workman’s Compensation Insurance during the period of the CONTRACT/ AGREEMENT and any subsequent renewals. A certificate from an eligible underwriter indicating proof of coverage shall be submitted with each Proposal to ensure required coverage.

4.5.9 All records, insurance and licenses must be current and will be kept on file for the duration of this CONTRACT/AGREEMENT, and will be provided within twenty four (24) hours upon request by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee).

4.6 Communications

The CONSULTANT shall be required to submit the following items to the DEPARTMENT, at the pre-work conference:

4.6.1 Contact Information

4.6.1.1. The name of the CONSULTANT’S Project Manager(s)/Supervisor(s) assigned to this CONTRACT/AGREEMENT, along with their work telephone number(s), cellular phone(s) and e-mail(s).

4.6.1.2 The DEPARTMENT shall be advised at all times as to the identification and means of contacting the CONSULTANT’S Project Manager(s)/Supervisor(s) during the term of this

CONTRACT/AGREEMENT.

4.6.1.3 Cellular and e-mail addresses(s) for all personnel responsible for answering and responding to the needs of the DEPARTMENT in accordance with the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT.

4.6.2 Progress Meetings

The CONSULTANT and their Project Manager(s)/Supervisor(s) may be required to meet with the Department’s Project Manager (or his/her designee) for a formal progress meeting as determined by the Department’s Project Manager (or his/her designee). Meetings will be scheduled on dates agreed upon by the CONSULTANT and the Department’s Project Manager (or his/her designee). Dates shall be determined at the Pre-Work Conference. The

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DEPARTMENT reserves the right to call for additional meetings at any time during the term of this CONTRACT/AGREEMENT.

4.6.3 Response Time

4.6.3.1 The CONSULTANT’S Project Manager/Supervisor shall respond by telephone within one (1) hour after receiving a call from the DEPARTMENT and/or the Department’s Project Manager (or his/her designee), and if required shall be present at the location in question within two (2) hours after being contacted by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee).

4.6.3.2 The CONSULTANT’S Project Manager/Supervisor shall respond by telephone to emergencies request within one (1) business day after being contacted by the Department’s Project Manager (or his/her designee) and provide immediate service.

4.6.3.3 The time frame for each work assignment shall be stated in each Letter of Authorization/Task Assignment issued.

4.7 Safety

4.7.1 The CONSULTANT shall utilize proper safety measures to ensure the proper protection for persons and property at all times.

4.7.2 The CONSULTANT is responsible for ensuring that all equipment (if applicable) used shall be maintained in a safe and efficient manner in accordance with all local, state, and federal laws, regulations and guidelines pertaining to providing the required services.

4.7.3 Any equipment (if applicable) used to perform the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/ AGREEMENT and any other services that may be required must be maintained and utilized in conformance with all Occupational Safety and Health Administration (OSHA) safety standards and manufacturer’s directions. Safety equipment in accordance with Occupational Safety and Health Administration (OSHA) safety standards shall be furnished to and used by all the CONSULTANT’S personnel. The presence of conforming safety equipment or devices shall not relieve the CONSULTANT of responsibility or liability for injury to persons or damage to property caused by the operation of any equipment.

4.7.4 The CONSULTANT shall be responsible for ensuring that all its safety practices are in accordance with OSHA (Occupational Safety and Hazard Act Administration).

4.7.5 The CONSULTANT is responsible for any injury to person(s) or damage to property(ies) that may occur in performing any of the contractual services being performed/provided by the CONSULTANT under this CONTRACT/AGREEMENT.

4.7.6 At the conclusion of a workday, the CONTRACT/AGREEMENT personnel must leave the work area so that no safety hazard is present. The DEPARTMENT assumes no liability for any equipment or personal belongings or effects left on

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DEPARTMENT property/site overnight.

4.7.7 The CONSULTANT is solely responsible for the safety of all its’ personnel during their working hours that they are present in a DEPARTMENT location.

4.7.8 The CONSULTANT shall be solely responsible for maintaining the safety required throughout the area(s) that the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT.

4.7.9 The CONSULTANT shall be solely responsible for providing safety equipment and procedures for the protection of employees and the public throughout the area(s) that the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT.

The CONSULTANT is responsible for the security of the DEPARTMENT’S property if the CONSULTANT is performing/providing the contractual services as described in this CONTRACT/AGREEMENT during non-business hours.

4.7.10 If the contractual services being performed/provided by the CONSULTANT as described in this CONTRACT/AGREEMENT is on DEPARTMENT property or buildings. The CONSULTANT shall be responsible for ensuring that no exits or entrances are left open which may result in authorized persons gaining access to the building i.e. No doors should be left propped open while unattended.

4.8 Location of the Consultant

The CONSULTANT shall be stationed locally to work directly with the DEPARTMENT and/or the Department’s Project Manager (or his/her designee) during the term of this

CONTRACT/AGREEMENT.

4.9 Timely Completion of Service

The CONSULTANT by acceptance of this CONTRACT/AGREEMENT hereby guarantees that they shall comply with all scheduled times and requirements as specified in the LETTER OF AUTHORIZATION/Task Assignment and any subsequent additions.

4.10 Delays in Completing Services

4.10.1 The CONSULTANT shall not be under any obligation to any liability for failure to carry out any of the terms of this CONTRACT/AGREEMENT to the extent that such failure shall be due to:

4.10.1.1 The operation and effect of rules, regulations or orders promulgated by any commission, municipality, or governmental agency of any state or the United States or subdivision thereof.

4.10.1.2 A restraining order, injunction, or similar decree of any court.

4.10.1.3 Any extreme condition or natural disasters as listed below:

4.10.1.3.1 Hurricane

4.10.1.3.2 Storm

4.10.1.3.3 Flood

4.10.1.3.4 Tornado

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4.10.1.3.5 Earthquake

4.10.1.3.6 War

4.10.1.3.7 Fire

4.10.1.3.8 Sabotage

4.10.1.3.9 Or any other cause (not including labor problems of

CONSULTANT not within the control of CONSULTANT, and which, by the exercise of reasonable diligence, CONSULTANT is unable to prevent.

4.10.2 In the event there is a delay of the scheduled services not caused by extreme conditions, the CONSULTANT shall contact the Department’s Project Manager (or his/her designee) immediately with arrangements to continue the service.

Service shall be resumed in coordination with the DEPARTMENT to provide the revised schedule of services.

4.10.3 In the event that the delay is due to some fault or negligence of the CONSULTANT and delay is in the excess of one (1) business day the CONSULTANT shall bill the DEPARTMENT one-half of the normal cost for the said services, unless the DEPARTMENT provides written consent accepting the delay to the Consultant.

4.11 Work Stoppage

If extreme weather, tenant delays, or other conditions prevent the CONSULTANT from the timely completion of a task, the CONSULTANT shall inform the Department’s Project Manager (or his/her designee) prior to stopping work and obtain a new completion date within twenty-four (24) hours of work stoppage. The new completion date must be approved in writing by the Department’s Project Manager (or his/her designee).

4.12 Method of Operation

The following procedures shall apply:

4.12.1 The CONSULTANT shall furnish all of the following required to conduct the appropriate work tasks as required:

4.12.1.1 All labor, materials, equipment, tools, expertise, transportation, supplies and any other items required to perform the services as specified in this Exhibit “A”, Scope of Services. This shall include giving all the required notices to all local, state and federal agencies and the DEPARTMENT and/or the Department’s Project Manager (or his/her designee).

4.12.1.2 Labor and equipment required to the appropriate work task including, but not necessarily limited to:

4.12.1.2.1 Sampling tools

4.12.1.2.2 Sample containers

4.12.1.2.3 Spot encapsulates

4.12.1.2.4 Respirators and other personal protective equipment

4.12.1.2.5 Plastic sheeting

4.12.1.2.6 Asbestos disposal bags

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4.12.1.2.7 Flashlights

4.12.1.2.8 Ladders

4.12.1.2.9 Photographic equipment and supplies

4.12.1.2.10 Air monitoring equipment

4.12.1.2.11 Other supplies.

4.12.1.3 The CONSULTANT shall be responsible for transportation or delivery of bulk samples to the analytical laboratory.

4.12.1.4 The CONSULTANT shall be responsible for the proper disposal of all waste and materials contaminated or not in a safe and efficient manner in accordance with all local, state and federal regulations.

4.12.1.5 The CONSULTANT shall be responsible for the collection, consolidation and removal of all debris generated by the Asbestos Consultant Services.

4.12.2 All local, state and federal ordinances, regulations, codes or other directives pertaining to the services being provided which are in effect at the time the work is undertaken shall be followed.

4.12.3 All other applicable local, state and federal laws, regulations, and guidelines pertaining to asbestos in vacant state-owned buildings proposed for demolition, including Asbestos Management, Section 10.7, of the Right of Way Manual established by the DEPARTMENT, which is herein incorporated by reference.

4.12.4 All materials removed from buildings shall be removed from the site daily unless otherwise allowed by the Department’s Project Manager (or his/her designee).

4.12.5 All work shall be accomplished in accordance with Florida Department of Transportation (FDOT) procedures and all applicable local, state and federal regulations and requirements for Asbestos Consulting Services. This includes, but is not limited to:

4.12.5.1 Section 469.003 Florida Statutes, and any other appropriate agency guidelines or recommendations.

4.12.5.2 Sections 40 C.F.R. (Code of Federal Regulations)

4.12.5.3 NESHAP’S (National Emissions Standard for Hazardous Air Pollutants) notice 40 C.F.R. (Code of Federal Regulations) Part 61, Subpart M.

4.12.5.4 40 C.F.R. (Code of Federal Regulations), Part 763AHERA (Asbestos Hazard Emergency Response Act)

4.12.5.5 29 C.F.R. (Code of Federal Regulations) 1910.134, 1926.1101 and

926.58 OSHA (Occupational Safety and Health Administration)

4.12.5.6 Rule Chapter 38I, Florida Administrative Code

4.12.5.7 Chapters 287.057 and 337.11, Florida Statutes

4.12.5.8 Chapters 255.551 - 255.555, Florida Statutes

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4.12.5.9 Chapters 469.003 - 469.015, Florida Statutes

4.12.5.10 The Florida Department of Labor and Employment Security (FDLES) Standard Specifications for Asbestos Abatement shall be used as a model for the development of the specifications.

4.12.5.11 Florida Department of Transportation (FDOT)

Asbestos on Bridges, Special Structures Topic No.:625-020-018

4.12.5.12 Florida Department of Transportation (FDOT) Right of Way Manual, Topic No. 575-000-000, Section 10.7, Asbestos Management.

4.12.6 The CONSULTANT shall notify the Department’s Project Manager (or his/her designee) at least one (1) day before removing equipment off site and/or demobilizing prior to final inspection by the Department’s Project Manager (or his/her designee).

4.12.7 The CONSULTANT and Sub-Contractor(s)/Sub-Consultant(s) shall limit all their operations, including parking of vehicles, to the area acquired by the DEPARTMENT for the specified parcel(s).

4.12.8 The CONSULTANT is responsible for ensuring all human beings and animals are out of the building before Asbestos Consulting Services commence.

4.13 Permits

The CONSULTANT shall, at their expense obtain all required permits from the city, county, local, state, federal or other public authorities needed to perform all authorized services.

4.14 Notifications

4.14.1 Required Notifications

All required notifications including any changes to personnel shall be in writing and signed by the CONSULTANT. A copy of all required notifications sent shall be provided by hand delivery or sent via certified mail and proof of proper delivery must be submitted to the Department’s Project Manager (or his/her designee) within five (5) business days of such delivery for review and ensuring proper notification.

4.14 2 Emergency Notifications

When the CONSULTANT or their employees or Sub-Contractor(s)/Sub- Consultant(s) discovers a situation which requires the immediate action, such as an actual fiber release episode or significantly damaged ACM (Asbestos Containing Material), They shall notify the Department’s Project Manager (or his/her designee) upon discovery by the end of the next business day.

4.14.3 Damages and Department Notifications

4.14.3.1 The CONSULTANT’S Project Manager/Supervisor shall

immediately report any disorder, breakage or emergency to the

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DEPARTMENT and/or the Department’s Project Manager (or his/her designee) which occurred while the contractual services were being performed/provided by the CONSULTANT as described in this

CONTRACT/AGREEMENT.

4.14.3.2 The CONSULTANT shall be responsible for any and all damages caused by its employees.

4.14.3.3 In the event that it is proven that the CONSULTANT was a fault for any missing, defaced or destroyed DEPARTMENT property due to neglect or non-observance of responsibility and/or procedure, the CONSULTANT shall be held liable and accept the responsibility for the replacement/repair of said DEPARTMENT property.

4.15 Water & Electrical Supply

4.15.1 Should water be necessary, it must be furnished by the CONSULTANT from an outside source, i.e. water truck, fire hydrant, or a temporary meter obtained from a utility agency.

4.15.2 Electric service must be obtained from an outside source, i.e. a generator, or a temporary pole must be erected. All costs incurred are the responsibility of the CONSULTANT. Approval and permits must be granted from respective agencies and/or utility providers to the CONSULTANT.

4.16 Asbestos Survey and Report

4.16.1 The CONSULTANT’S asbestos survey, bulk sampling and analysis, and reporting activities shall comply with all local, state, and federal laws, regulations, and guidelines pertaining to asbestos.

4.16.2 Prior to the actual physical inspection, research and review structural or building specification plans as may be available for each building to be surveyed.

4.16.3 Conduct an on-site physical inspection of each building upon notification and authorization by the DEPARTMENT and/or the Department’s Project Manager (or his/her designee).

4.16.3.1 The CONSULTANT shall identify, document, quantify and sample all suspect friable and non-friable Asbestos Containing Material (ACM) which is accessible in each building.

4.16.3.2 Verbal analytical results shall be provided to the Department’s Project Manager (or his/her designee) within fourteen (14) calendar days of the Letter of Authorization/Task Assignment.

4.16.3.3 Surveys should be completed within eighteen (18) calendar days of the issuance of a Letter of Authorization/Task Assignment.

4.16.4 All areas of homogeneous suspect material, without regard to the results of subsequent laboratory bulk analysis, shall be indicated on a set of building floor plans or drawings.

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4.16.4.1 Areas of homogeneous suspect materials shall be clearly delineated in the report.

4.16.4.2 The extent and location of ACM (Asbestos Containing Material) must be shown on a floor plan diagram in the final report.

4.16.5 ACM (Asbestos Containing Material) shall be classified as friable or non-friable and shall be categorized as follows:

4.16.5.1 Surfacing Materials:

Materials, which are sprayed-on, trawled-on, or otherwise, applied to surfaces. Examples include acoustical plaster on ceilings, fireproofing on structural components, wallboard, or other materials on surfaces for acoustical, fireproofing, or other purposes.

4.16.5.2 Thermal System Insulation (TSI):

Materials in a building or distribution system applied to pipes, fittings, boilers, breaching, tanks, ducts, or other systems components to prevent heat loss or gain, water condensation, or for other purposes.

4.16.5.3 Miscellaneous Materials:

Interior or exterior material components such as linoleum, floor and ceiling tiles, fire doors, roofing, siding, and materials not integral components of the building such as stage curtains, protective clothing, laboratory apparatus and equipment, and other materials not listed.

4.16.5.3.1 All ACM (Asbestos Containing Material) shall be further classified pursuant to NESHAP’S (National Emissions Standard for Hazardous Air Pollutants)'s 40 C.F.R.

(Code of Federal Regulations) Part 61 Subpart M definition as follows:

A) Category I Non-Friable Asbestos Containing Material (ACM):

Asbestos containing packing, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined by a National Institute of Standards and Technology accredited laboratory for the analysis of bulk materials for asbestos by polarized light microscopy.

B) Category II Non-Friable Asbestos Containing Material:

Any material, excluding Category I Non-Friable Asbestos Containing Material, containing more

DOT-RFP-24-6190BJ Exhibit A - Scope of Services Page 19 than one percent (1%) asbestos as determined by a National Institute of Standards and Technology accredited laboratory for the analysis of bulk materials for asbestos by polarized light microscopy when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.

C) Regulated Asbestos Containing Material:

(I) Friable asbestos material

(ii) Category I Non-Friable Asbestos Containing Material that will be or has become friable,

(iii) Category I Non-Friable Asbestos Containing Material that will be or has been subjected to sanding, grinding, cutting, or abrading, or

(iv) Category II Non-Friable Asbestos Containing Material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

4.16.6 Identifying all locations where ACM (Asbestos Containing Material) may be present, but cannot be sampled:

4.16.6.1 Identify all locations where ACM (Asbestos Containing Material) may be present but cannot be sampled, and provide an explanation for the reason it cannot be sampled.

4.16.6.2 A diligent effort shall be made to sample all suspect ACM (Asbestos Containing Material).

4.16.6.3 Areas where access is impossible shall be indicated on the drawings with a notation as to why the areas could not and/or should not be fully investigated.

4.16.6.4 The necessity of reducing functional integrity should first be reported to the DEPARTMENT and/or Department’s Project Manager (or his/her designee).

4.16.6.5 Spaces ordinarily physically inaccessible may be made accessible and inspected.

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4.16.6.6 Some minor repairs may be necessary to maintain the structure in a safe condition, particularly during roof sampling.

4.16.7 Collecting. analyzing and documenting a sufficient number of bulk samples of bulk samples of all suspect Asbestos Containing Material (ACM) as may be warranted by site conditions.

4.16.7.1 Collect and analyze a sufficient number of bulk samples of all suspect ACM (Asbestos Containing Material) as may be warranted by site conditions.

4.16.7.2 Sampling locations shall be documented on a set of reasonably scaled building floor plans or drawings and marked with an identification number corresponding to the representative sample number.

4.16.7.3 Bulk samples shall be collected from materials in each homogeneous area to determine the asbestos content and to identify the complete content matrix of the material.

4.16.7.4 Photographic documentation of each bulk sampling location, which includes the unique sampling number, shall be provided in each survey report.

4.16.8 Analyzing Bulk Samples

4.16.8.1 Bulk samples shall be analyzed utilizing Polar Light Microscopy/ Dispersion Staining (PLM/DS) techniques by a National Voluntary Lab Approval Program (NVLAP) accredited laboratory.

4.16.8.2 Point counting analysis of bulk samples shall be conducted as required by the policies and procedures established by NESHAP’S (National Emissions Standard for Hazardous Air Pollutants) C.F.R.

(Code of Federal Regulations) Part 61.

4.16.8.3 The analysis of bulk samples must identify the complete matrix of sample constituents.

4.16.8.4 The analyst conducting the analysis shall have sufficient education, training and experience to perform the analysis in a competent manner.

4.16.8.5 Applicable certifications of the analyst responsible for conducting the analysis as well as documentation of lab accreditation shall be provided in the survey report.

4.16.9 A Material Hazard Assessment

4.16.9.1 A Material Hazard Assessment by homogeneous area shall be conducted for all areas where known or suspected ACM (Asbestos Containing Material) are present in order to assess the material for present and potential asbestos hazards.

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4.16.9.2 The status of occupancy (vacant vs. occupied) and the fact that the facility will be demolished should be considered when preparing the Material Hazard Assessment.

4.16.9.3 Abatement response actions shall address the requirements of NESHAP’S (National Emissions Standard for Hazardous Air Pollutants) 40 C.F.R. (Code of Federal Regulations) Part 61 Subpart M as they apply to buildings scheduled for demolition.

4.16.9.4 The use of wet demolition methods for buildings containing Non- Regulated ACM (Asbestos Containing Material) shall be considered.

4.16.10 Air Sampling

4.16.10.1 Since the typical facility will be unoccupied at the time of inspection, air sampling may not be necessary when deteriorated friable ACM (Asbestos Containing Material) is identified.

4.16.10.2 In some instances surveys may be required in occupied facilities. If deteriorated or exposed friable ACM (Asbestos Containing Material) is encountered, the need for an assessment of the level of airborne asbestos fibers will be decided on a case-by-case basis, depending on the status of facility occupancy, the degree of deterioration, etc.

4.16.10.3 If requested, air sampling shall be conducted by appropriately certified personnel provided by the CONSULTANT.

4.16.10.4 Air assessment data and subsequent recommendations shall be included in the survey report.

4.16.10.5 The CONSULTANT, Sub-Contractor(s)/Sub-Consultant(s) shall report all significantly damaged friable ACM (Asbestos Containing Material) identified during the survey to the DEPARTMENT and/or Department’s Project Manager (or his/her designee) upon discovery by the end of the following business day.

4.16.11 Preparing an individual parcel specific survey/assessment report

4.16.11.1 Prepare an individual parcel specific survey/assessment report, which summarizes the results of the survey, and, if necessary, provides appropriate abatement response alternatives and cost estimates.

4.16.11.2 The report shall include any and all documentation including lab analysis sheets, photographs, drawings, etc. which may be needed to substantiate the presence or absence, quantity, condition, and location of ACM (Asbestos Containing Material).

4.16.11.3 The CONSULTANT should make available to the DEPARTMENT and/or Department’s Project Manager (or his/her designee) two (2) copies of the survey report: one (1) original and one (1) copy.

4.16.11.4 The survey report shall be submitted to the Department’s Project Manager (or his/her designee) for review and approval within

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4.16.11.5 Originals of survey reports and all subsequent revisions shall also be distributed to the Department’s Project Manager (or his/her designee).

4.16.11.6 Revisions to the survey report shall be submitted to the Department’s Project Manager (or his/her designee) within ten (10) calendar days of receipt of a DEPARTMENT review or recommendation letter.

4.16.11.7 All reports and revisions shall be sent Certified Mail, Return Receipt Requested with the Certified Mail Receipts included, or hand delivered to the Department’s Project Manager (or his/her designee), and shall be signed and sealed by the asbestos consultant licensed pursuant to section 469.003-469.015 F. S. with a copy of said license provided in the survey report.

4.16.12 Providing statements for facilities determined to be free of Asbestos Containing Materials (ACM)

For facilities, which are determined to be free of ACM (Asbestos Containing Material), the report shall include a statement by the Asbestos Consultant, which certifies that, to the best of his/her knowledge, the facility does not contain ACM (Asbestos Containing Material).

4.16.13 Providing Operations and Maintenance (O&M) Plan for facilities found to contain Asbestos Containing Materials (ACM)

For unoccupied facilities which are found to contain ACM (Asbestos Containing Material), an Operations and Maintenance Plan shall be prepared and submitted as part of the survey/assessment report. The O&M (Operations and Maintenance) Plan shall be dated and include the following information:

4.16.13.1 The building shall be secured as necessary to prevent entry by unauthorized persons.

4.16.13.2 The building will be posted with appropriate warning signs alerting persons to the asbestos hazard contained therein. The CONSULTANT may be required to post signs.

4.16.13.3 A periodic inspection (every thirty days) of the building for breach of security will be performed. Appropriate documentation will be maintained of all events and repairs as performed. The CONSULTANT may be required to perform inspections.

4.16.13.4 Prior to demolition, asbestos abatement, as required under NESHAP’S (National Emissions Standard for Hazardous Air Pollutants) 40 C.F.R. (Code of Federal Regulations) Part 61 Subpart M, shall be performed in accordance with an abatement specification package prepared pursuant to Chapter 255 Florida Statutes. The CONSULTANT may be required to prepare the documentation.

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4.16.13.5 Site security, posting and security inspection activities shall be conducted by the DEPARTMENT.

4.16.14 For facilities and structures that obviously do not contain ACM (Asbestos Containing Material), an asbestos inspection report shall be prepared and consist of the following:

4.16.14.1 An appropriate number of photographs taken of the exterior and interior of the building to substantiate the absence of ACM (Asbestos Containing Material) in the building.

4.16.14.2 A detailed description of the materials in and methods of construction of the building.

4.16.14.3 Certification that, to the best of the CONSULTANT’S knowledge, the facility does not contain ACM (Asbestos Containing Material).

4.17 Operations and Maintenance Plan

4.17.1 If the asbestos survey identifies ACM (Asbestos Containing Material) in an occupied building, and the established vacate date is within one hundred and eighty (180) days from the date the survey was performed, upon authorization from the DEPARTMENT; the CONSULTANT, Sub-Contractor(s)/Sub- Consultant(s) shall prepare a letter O&M (Operations and Maintenance) Plan.

4.17.2 The letter O&M (Operations and Maintenance) Plan shall be addressed to the building occupants and shall simply and briefly address the location and type of ACM (Asbestos Containing Material) present and summarize any special material handling requirements.

4.17.3 The letter O&M (Operations and Maintenance) Plan shall…