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Home My WebLink AboutC-1857 d7 zo— y.r c� X6-'7 CITY OF ARCADIA SHORT-FORM CONSTRUCTION CONTRACT ASBESTOS ABATEMENT OF THE CITY OF ARCADIA OLD HISTORICAL MUSEUM BUILDING PROJECT NO. 2855032 1. PARTIES AND DATE. This Contract is made and entered into this 1 II day of n161 , 2002 by and between the City of Arcadia, a municipal organizati n organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91007. ("City") and INTERIOR DEMOLITION, INC., a California CORPORATION, with its principal place of business at 6708 Foothill Boulevard, #106, Tujunga CA 91042 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing asbestos abatement, services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services, in the State of California, and that it is familiar with the plans of City. 2.3 Project. City desires to engage Contractor to render such services for the Asbestos Abatement of the City of Arcadia Old Historical Museum Building ("Project") as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, the applicable Performance Bond, Payment Bond and Insurance Documents as required by the Contract. 3. TERMS ' 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda. 3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference. 3.3 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid • change order executed by the City. 3.4 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within four (4) calendar days beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two hundred fifty dollars ($250) for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.5 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the-Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall, perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee who,is determined by the City to be uncooperative, incompetent, Short Form Construction Contract Page 2 a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work. 3.6 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.7 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.8 Compensation and Payment. 3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seven Thousand Dollars ($7,000.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.8.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and'that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. Short Form Construction Contract Page 3 • City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. • 3.8.3 Contract Retentions. From each approved progress estimate, ten percent (10%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor. and subcontractors pursuant to California Public Contract Code Section 7107. 3.8.4 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by ,City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.8.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the Short Form Construction Contract Page 4 terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.8.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.9 Termination. This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 3.10 Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.11 City's Representative. The City hereby designates Philip A. Wray, City Engineer, or his or her designee, to act as its representative for the performance of this Short Form Construction Contract ' Page 5 fr i Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his'or here designee. 3.12 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval. 3.13 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 3.14 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice. 3.15 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity; to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be Short Form Construction Contract Page 6 • brought. or instituted against City, its directors, officials officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 3.16 Insurance. 3.16.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.16.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the. performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.16.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders'/All Risk: Builders'/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). 3.16.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Builders/All Risk: Completed value of the project. Short Form Construction Contract Page 7 - 3.16.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.16.3.1 General Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 3.16.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 3.16.3.3 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. 3.16.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.16.4 Builders'/All Risk Policy Requirements. The builders'/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer • shall waive all rights of subrogation against the City. 3.16.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds Short Form Construction Contract Page 8 provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.16.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. 3.16.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.16.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business;in California, and satisfactory to the City. 3.16.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.16.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 3.17 Bond Requirements. 3.17.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. Short Form Construction Contract Page 9 3.17.2 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.17.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety Short Form Construction Contract Page 10 measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City, for any expenses incurred hereunder upon demand. 3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be Short Form Construction Contract Page 11 made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws,.rules or regulations. 3.21 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. Contractor will be charged a fee for any City permits, Contractor shall pay the City's applicable business"license fee. 3.22 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.23 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.24 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: ' (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. Short Form Construction Contract Page 12 3.25 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.26 Payroll Records. In accordance with the requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. 3.27 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.28 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 3.29 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.30 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15. U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. Short Form Construction Contract Page 13 1 1 • 3.31 Notices. All notices hereunder and communications regarding inter- pretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City Contractor City of Arcadia Interior Demolition, Inc. 240 West Huntington Drive 6708 Foothill Boulevard Arcadia, CA 91066-6021 Tujunga, CA. 91042 Attn: Philip A. Wray Attn: Marco Molina City Engineer Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.32 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.33 Time of Essence. Time is of the essence in the performance of this Contract. 3.34 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon; be relieved from any and all obligations to Contractor or its assignee or transferee. 3.35 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.36 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.37 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.38 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and.all other costs of such action. Short Form Construction Contract Page 14 3.39 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seq. 3.40 Prohibited Interests. 3.40.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award'or making of this Contract. For breach or violation of this warranty, City shall, have the right to terminate this Contract without liability. 3.40.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from. 3.41 Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. [SIGNATURES ON NEXT PAGE] Short Form Construction Contract Page 15 CITY OF ARCADIA INTERIOR DEMOLITION, INC. By: k.01 vem, By: ( OArC William R. Kelly Marco olina City Manager Vice President Attest: /� C 2:I A56 e Alford Classification of Contractor's License City Clerk Approved as to form: Steph n Deitsch City Attorney Short Form Construction Contract Page 16 EXHIBIT "A" PLANS AND SPECIFICATIONS The following plans and specifications are incorporated into this Contract herein by this reference: Short Form Construction Contract Page 17 SUPPLEMENTARY GENERAL"CONDITIONS 10-1 GENERAL 10-1.1 Description of Work - Asbestos Abatement of City of Arcadia Old Historical Museum Building The work consists of removal and proper disposal of asbestos containing construction material as identified in report entitled "Asbestos Survey of City of Arcadia Old. Historical Museum". Methods are to comply with the "Special Provisions" herein. Referenced report may be obtajned by contacting the Engineer. Work under this contract shall be completed between May 6, 2002 and May 10, 2002. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Arcadia does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary for expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified, the Bidder to whom a Contract is awarded shall deliver to the Owner.a Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: Short Form Construction Contract Page 19 a. Beginning and Completion of Work: The contract time allowed for completion of the project is four (4) calendar days. Work on this project shall commence no later than fifteen (15) days from the date of Notice to Proceed. This work shall be done between May 6, 2002 and May 10, 2002. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. \c. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. d. Inspection: The City shall provide inspection for an 8-hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $45 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. Construction on non-working days is subject to the Engineer's approval. e. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least forty- eight (48) hours in advance of any activity. f. The contractor and all subcontractors shall obtain an Arcadia Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest Edition, including all supplements. • In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 ASBESTOS ABATEMENT • 10-4.1 PERMITS The Contractor shall obtain all permits and make notifications incidental to the work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. • Short Form Construction Contract Page 20 10-4.2 IRRIGATION REPAIR The Contractor shall be responsible for repairing damage to the irrigation system as a result of the Contractor's operations. Contractor shall protect and keep irrigation system operable for the duration of the work. 10-4.3 LANDSCAPE RESTORATION Contractor shall restore landscaping to its original condition prior to the commencement of work. 10-4.4 SCHEDULING This work is to be done prior to the demolition of the building. The demolition is to occur under a separate contract and may or may not be done by the same contractor doing the abatement. It is imperative that the abatement work be done the week of May 6, 2002 to May 10, 2002. 10-5 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. Necessary permit and fee schedule and water meter shall be obtained from the Arcadia water Division. 10-6 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-7 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Arcadia for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. 10-8 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in Short Form Construction Contract Page 21 1 1 completion of the bid items. 10% retention will be paid 35 days after City's acceptance. 10-9 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10)10 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. Short Form Construction Contract Page 22 1 , EXHIBIT "B" SPECIAL PROVISIONS ASBESTOS ABATEMENT Short Form Construction Contract Page 23 • SPECIAL PROVISIONS ASBESTOS ABATEMENT OF THE CITY OF ARCADIA OLD HISTORICAL MUSEUM BUILDING PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Contractor shall furnish all labor, services, materials, permits, insurance (specifically covering the handling and transportation of Asbestos) and equipment which is specified, shown or reasonably implied for the following Abatement activities: NOTE: QUANTITIES LISTED BELOW (IF ANY) ARE APPROXIMATE AND MUST BE FIELD VERIFIED BY EACH CONTRACTOR PRIOR TO SUBMISSION OF BID. 1. The removal, and disposal of the following non-friable Asbestos- containing materials including any existing or abatement related debris. a. Exterior texture finish coat on exterior walls (approx. 1,400 ft2) b. 12"x12" Floor tiles (beige WI brown streaks) & Mastic (approx. 2,000 ft2) c. Roofing composite (built-up roofing) (approx. 2,130 ft2) d. Penetration mastic at roof penetrations (approx. 50 ft2) B. Work not included: 1. Area air-monitoring\clearance testing for Owner by the Environmental Consultant. 1.1.1 EXISTING CONDITIONS A. Existing conditions are reflected correctly to the best of Owner's knowledge. Should minor conditions be encountered which are not exactly as indicated, modifications to new work shall be made as required at no additional expense to Owner. Pre-cleaning of affected areas and components must be properly performed by the contractor as part of his Work Area preparation task. ASBESTOS ABATEMENT PAGE 1 B. The Consultant and Owner make no representation, warranty, or guarantee that the conditions indicated by the test reports either are representative of those conditions existing throughout the area, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated may not exist. 1.1.2 PHASING A. Contractor shall submit a schedule to the Owner and the Consultant 5 work days prior to commencement of work. 1.1.3 STORAGE A. Limited Storage space may be provided by the Owner at the facility. Hazardous waste shall be stored in an isolated Holding Area on-Site as directed by Owner. 1.1.4 BUILDING OCCUPANCY AND ACCESS RESTRICTIONS A. Owner may occupy portions of the facility and shall conduct normal operations during the project. Coordinate work with Owner and conduct activities so as to minimize disruption to building users and occupants. B. In occupied facilities predetermine and obtain approval, in advance from Owner, for vertical and horizontal transportation of contaminated waste materials, labor and construction materials into and out of the buildings. C. Employees will be confined to the Work Area in which work is being performed or pre-designated rest areas, pre-approved by Owner, for the duration of their shift, including break and lunch periods. No smoking will be permitted at any time. 1.1.5 WORKING DAYS AND HOURS A. All work shall be performed in 8-Hour Shifts (one shift per day). Notify the Environmental Consultant in writing at least 48 hours prior to start and prior to each resumption of work. B. If Contractor elects to perform operations in excess of the aforementioned work hours and days and Owner concurs, Contractor shall pay for the monitoring performed by Environmental Consultant and his Consultant, associated with the additional hours, including testing, laboratory analysis and project related expenses. C. Obtain approval from the Owner and notify, in writing, the Environmental Consultant at least 48 hours prior to altering and/or scheduling work. ASBESTOS ABATEMENT PAGE 2 1.1.6 FACILITY SECURITY A. Maintain personnel on the site at all times when any portion of the work area(s) is open or not properly secured including hazardous waste transport vehicle. Secure work areas completed at the end of each working day. B. Segregate work areas from the surrounding occupied or unoccupied areas. C. Erect fire resistant poly barriers around work areas exposed to public. D. Provide poly critical barriers at the interrior of all windows requiring abatement of occupied units. 1.1.7 PRE-JOB DAMAGE SURVEY OF FACILITY A. Coordinate and perform a thorough survey of property and all affected areas of the building with the Consultant and Owner prior to starting the Work in order to documernt existing damage. Items identified on this list will not be the responsibility of the Contractor unless fyrther damaged by Contractor during execution of Project. 1.1.8 CORREC FION OF DAMAGE TO PROPERTY A. Consider any damage to building or property not identified in the pre fob B. damage survey as having resulted from execution of this Contract and correct at no additional expense to Owner. 1.1.9 OBSERVATIONS A. The Consultant will observe the status and progress of the work for completeness and general compliance with the requirements of the Specifications. ASBESTOS ABATEMENT PAGE 3 1.1.10 SIGN-IN\OUT LOG A. All Contractor personnel and Project Site visitors shall Sign-In\Out with the Consultant on a daily basis for the duration of the Project. 1.1.11 UTILITIES A. Coordinate all temporary connections to existing permanent utilities with Owner. Make connections only in those locations designated by Owner. Remove connections and all extensions of utilities at Project completion. Contractor shall provide supllementary power and emmergency power. 1.1.12 HVAC AND ELECTRICAL SYSTEM A. The Contractor will shut down and lock-out HVAC and electrical systems for each Work Area. Assistance from Owner may be required. Shut down execution or improper execution by Owner does not relieve the Contractor of his responsibility to protect his employees, the public and others performing services on the Project from injury or electrical hazards. The Contractor shall be responsible for performing testing, inspecting and taking of other precautions to insure the safety of the Project. The Owner will re-energize or re-establish HVAC and electrical systems upon completion of the Work by the Contractor. 1.1.13 OWNER RULES A. The Contractor shall abide by all Owner/facility rules and regulations. 1.1.14 [INTENTIONALLY OMITTED) 1.1.15 APPLICABLE PUBLICATIONS: The work conducted shall comply with all applicable federal, state and local regulations. Applicable guidelines and standards listed in this Scope of Work include, but are not necessarily limited to: 1. South Coast Air Quality Management District (SCAQMD) Rule 1403. 2. Code of Federal Regulations (CFR) Publications: 29 CFR 1910.1001 Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite 29 CFR 1910.1101 Asbestos 29 CFR 1910.1200 Hazard Communication 29 CFR 1910.134 Respiratory Protection ASBESTOS ABATEMENT PAGE 4 29 CFR 1910.145 Specifications for Accident Prevention Signs & Tags 29 CFR 1910.20 Access to Employee Exposure & Medical Records 29 CFR 1926.1101 Asbestos 29 CFR 1926.200 Signs, Signals & Barricades 29 CFR 1926.55 Gases, Vapors, Fumes, Dusts & Mists 40 CFR 61 Subpart A - General Provisions Subpart M - National Emission Standards for Asbestos 40 CFR 61.152 Standard for Waste Manufacturing, Demolition, Spraying and Fabricating Operations 40 CFR 241 Guidelines for the Land Disposal of Solid Wastes 40 CFR 257 Criteria for Classification of Solid Waste 40 CFR 261 & 262 Waste Disposal Facilities & Practices 40 CFR 763 AHERA 3. California Code of Regulations - General Industry Safety Orders (GISO) Title 8 CCR Section 5208 Asbestos Regulations 4. American National Standards Institute (ANSI) Publications: Z88.2-80 Practices for Respiratory Protection Z87.1 Eye Protection 5. National Institute of Occupational Safety & Health (NIOSH) 6. ' Other federal, state and local regulations having authority over Asbestos-related activities. 1.2 DEFINITIONS SUMMARY: General Explanation: A substantial amount of specification language constitutes definitions for terms found in other contract documents. Certain terms used in the Specifications are defined in this article. A. Owner: City of Arcadia (also known as the "City") and/or a designated representative. B. Abatement: Procedures to control fiber release from Asbestos-containing building materials. Includes removal, encapsulation and enclosure. C. Action Level: (REPLACED BY"PEL" VIA 29 CFR 1926.1101.) ASBESTOS ABATEMENT PAGE 5 • • D. Air Lock: A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area. E. Air Monitoring: The process of measuring the fiber content of a specific volume of air in a stated period of time. F. Air Sampling Professional: The professional contracted or employed to supervise air monitoring and analysis schemes This individual is also responsible for recognition of technical deficiencies in Worker protection equipment and procedures during both planning and on-site phases of an Abatement Project. Acceptable Air Sampling Professionals include State of California Certified Site Surveillance Technicians and Certified Asbestos Consultants. G. Amended Water: Water to which a surfactant has been added. H. Area Monitoring: Sampling of airborne fiber concentrations within the Asbestos Work Area and outside the Asbestos Work Area which are representative of the airborne concentrations of Asbestos fibers which may reach the breathing zone. I. Asbestos: (29 CFR 1926.1101 Definitions) Includes Chrysotile, Amosite, Crocidolite, Tremolite asbestos, and any of these minerals that has been chemically treated and/or altered. J. Asbestos (California Code of Regulations definitions): Means fibrous forms of various hydrated minerals including Chrysotile, (fibrous serpentine) Crocidolite (fibrous fliebeckite), Amosite (fibrous Cummintonite-Grunerite), Fibrous Tremolite, fibrous Actinolite, and fibrous Anthophyllite. K Asbestos-Containing Material (ACM) EPA definition: Material composed of asbestos of any type in an amount greater than 1 percent and by weight, either alone or mixed with other fibrous or nonfibrous materials (1.0%). L. Asbestos- Containing Construction Material (Cal-OSHA definition): Means any manufactured construction material which contains more than 1/10th of 1% asbestos by weight (0.1%). M. Asbestos- Containing Waste Material: Means friable asbestos waste and asbestos waste from control devices (Pollution Control Devices). N. Asbestos Fibers: Asbestos fibers having an aspect ratio of at least 3:1 and 5 micrometers in length. ASBESTOS ABATEMENT PAGE 6 0. Authorized Visitor: The Owners Project Team members the Owners Representative, Consultant and. any representative of a regulatory or other agency having jurisdiction over the Project. P. Clean Room: An uncontaminated area or room which is a part of the Worker Decontamination Enclosure with provisions for storage of Workers' street clothes and protective equipment. P(2). Consultant (Also known as Environmental Consultant, and/or Observation Service): The agent of the Owner or the Owner's Representative who shall observe the Work, perform tests, verify that abatement methods and procedures specified by the Specifications are being complied with, and reports all observations and test results to the Owner or the Owner's Representative • Q. Contained Work Area: A Work Area which has been Isolated, Plasticized, and equipped with a Decontamination Enclosure System. R. Curtained Doorway: A device to allow ingress or egress from one area to another while permitting minimal air movement between the areas, typically constructed by placing three overlapping sheets of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway. and securing the vertical edge of the outer two sheets along the opposite vertical side of the doorway. S. Decontamination Enclosure System: A series of connected rooms. with Air Locks or Curtained Doorways between any two adjacent rooms, for the decontamination of Workers and of materials and equipment. A Decontamination Enclosure System always contains at least one Air Lock to the Work Area. T. Encapsulant (sealant): A liquid material which can be applied : to Asbestos-Containing material and 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). U. Encapsulation: All herein-specified procedures necessary to apply an encapsulant to Asbestos-Containing building materials to control the possible release of Asbestos fibers into the ambient air. V. Enclosure: All herein-specified procedures necessary to enclose completely Asbestos-Containing- Material behind airtight, impermeable, permanent barriers. W. Excursion Limit: An exposure of airborne concentrations of Asbestos ASBESTOS ABATEMENT PAP.F 7 fibers of one fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minute period. X. Equipment Room:. A contaminated area or room which is part of the Worker Decontamination Enclosure with provisions for storage of contaminated clothing and equipment. Y. Equipment Decontamination Enclosure: That portion of a Decontamination Enclosure System designed for controlled transfer of materials, waste containers and equipment, typically consisting of a Washroom and a Holding Area. Z. Friable Asbestos Material (40 CFR, Subpart M): Material that contains more than one percent (1%) Asbestos by weight and that can be broken crumbled, pulverized, or reduced to powder by hand pressure when dry. AA. Fixed Object: A unit of equipment or furniture or other building component which cannot be detached from the building or can only be detached by destructive methods resulting in irreparable damage to the item. AB. Glovebag Method: A method with limited applications for removing small amounts of friable Asbestos-Containing material from HVAC ducts, short piping runs, valves, joints, elbows, and other nonplanar surfaces In an isolated (noncontained) Work Area, the glovebag (typically-constructed of six [6] mil transparent Regulite plastic) has two inward-projecting Iongsleeve rubber gloves, one inward-projecting waterwand sleeve, 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 area to be decontaminated and contains all Asbestos fibers released during the removal process. All Workers who are permitted to use the Glovebag Method must be highly trained, experienced, and skilled in this method. AC. HEPA .Filter: A high efficiency particulate air (HEPA) filter capable of trapping and retaining 99.97 percent of all monodispersed particles (Asbestos fibers) equal to or greater than 0.3 microns in mass median aerodynamic equivalent diameter. ' AD. HEPA Vacuum Equipment: Vacuuming equipment with a HEPA filter system. AE. Holding Area: A room in the Equipment Decontamination Enclosure located between the Washroom and an uncontaminated area. The Holding Area comprises an Air Look. ASBESTOS ABATEMENT PAGE 8 AF. Isolation: The sealing of all openings into a Work Area. AG. Isolated (noncontained) Work Area: 'A Work Area which is Isolated, but has not been Plasticized and may or may not be equipped with a Decontamination Enclosure System. AH. Maximum Acceptable Level: An exposure of airborne concentrations of fibers of 0.1 fibers per cubic centimeter of air at any time. This level is a contractual standard for this Project. Al. Moveable object: A unit of equipment, furniture or other building component which is detached or can be detached from the building without destructive methods or results. AJ. Negative Air Pressure Equipment: A portable local exhaust system equipped with HEPA filtration and capable of maintaining a constant, low velocity air flow into contaminated areas from adjacent uncontaminated areas. AK. Nonfriable Asbestos-Containing Material: Material that contains more than one (1) percent Asbestos by weight in which the fibers have been looked in by a bonding agent, coating, binder, or other material so that the Asbestos swell bound and will not release fibers during any appropriate end-use, handling, demolition storage, transportation, processing, or disposal. AL. Observation Service (Also known as Consultant and/or Environmental Consultant): The agent of the Owner or the Owner's Representative who shall observe the Work, perform tests, verify that abatement methods and procedures specified by the Specifications are being complied with, and reports all observations and test results to the Owner or the Owners Representative. AL(2). Owner: City of Arcadia and/or a designated representative. AM. Permissible Exposure Limit (PEL): An airborne concentration of asbestos, Tremolite, Anthophyllite, Actinolite, or a combination of these minerals in excess of 0.1 fibers per cubic centimeter of air as an eight (8) hour time-weighted average (TWA). AN. Personal Monitoring: Sampling of Asbestos fiber concentrations within the breathing zone of an Asbestos Worker. AO. Plasticize: To cover floors, walls and other structural elements,of a Work Area with plastic sheeting as herein specified with all seams securely taped. ASBESTC)S ARATFMFNT PAC.F AP. Removal: All herein-specified procedures necessary to remove Asbestos- Containing materials from the designated areas and to dispose of these materials at an acceptable site. AQ. Shower Room: A room between the Clean Room and the Equipment Room in the Worker Decontamination Enclosure with hot and cold or warm running water, and'suitably arranged for complete showering during decontamination. The Shower Room includes an Air Lock between contaminated and clean areas. AR. Surfactant: A chemical wetting agent added to water to reduce surface tension and improve.,oenetration. AS. Washroom: A room between the Work Area and the Holding Area in the Equipment Decontamination Enclosure System where equipment and waste containers are decontaminated..The Washroom comprises an Air Lock. AT. Wet Cleaning: The process of eliminating Asbestos contamination from building surfaces and objects by using cloths, mops. or other cleaning tools which have been dampened with water, and by afterwards disposing of these cleaning tools as Asbestos-contaminated waste. AU. Work Area (Also known as "Regulated Area"): Designated rooms, spaces, or areas of the Project in which Asbestos Abatement actions are to be undertaken or which may become contaminated as a result of such abatement actions. A Contained Work Area is a Work Area which has been Isolated, Plasticized, and equipped with a Decontamination Enclosure System. An Isolated Work Area is a Work Area which is Isolated, but has not been Plasticized and may or may not be equipped with a Decontamination Enclosure System. AV. Worker Decontamination Enclosure System: That portion of a Decontamination Enclosure System designed for controlled passage of Workers, and other personnel and Authorized Visitors, typically consisting of a Clean Room. a Shower Room, and an Equipment Room. 1.3 QUALITY CONTROL A. Safety Compliance: In addition to detailed requirements of this Specification. comply with laws, ordinances, rules, and regulations of federal, state, regional, and local authorities and publications regarding handling, storing, transporting, and disposing of Asbestos Waste materials. Submit matters of Interpretation of standards to the appropriate administrative agency for resolution before starting the Work. Where the requirements of this Specification and referenced documents vary, the ASBESTOS ABATEMENT PAGE 10 most stringent requirement shall apply. When requirements of reference documents vary, the most stringent requirement shall apply. B. Contractor shall have at least one copy each of 29 CFR Part 1910 - Occupational Safety and Health Standards, 29 CFR 1926.1101,40 CFR Part 61, Subparts A & M, and all pertinent state and local regulations at his office and at the job site. C. Before the commencement of any work at the site, the Contractor shall post bilingual (as appropriate) EPA and OSHA caution signs in and around the Work Area to comply with EPA and OSHA regulations. D. Area Monitoring shall be performed by the Environmental Consultant, which may conduct air sampling of the Abatement Project (1) outside the building, (2) immediately outside the Work Area, (3) In the Work Area. and (4) for Work Area Clearance Testing after decontamination operations. E. Personal Monitoring and other monitoring, which are required by law, or considered necessary by the Contractor for Worker protection shall be the responsibility of the Contractor. F. Job Walk: The Contractor must attend the Job Walk to qualify to bid on any or all portions of this project. 1.4 SUBMITTALS AND NOTIFICATIONS (ABATEMENT CONTRACTOR MUST PROVIDE AS SUBMITTAL FOR REVIEW AND APPROVAL AT LEAST 15 DAYS PRIOR TO THE START OF WORK.) A. Copies of permits and/or notifications, as required by applicable rules and regulations. B. Copies of appropriate AHERA training certificates (current) for each worker from their respective training agency or organization. C. Copies of appropriate AHERA training -certificates (current) for each supervisor/competent person from their respective training agency or organization. D. Submit proof that all persons providing labor and/or professional services who will be entering contaminated areas have had current (less than one year prior to start of the Project)"medical examinations in accordance with applicable regulations, standards, etc. Furnish physician's interpretation of said examinations including the declaration that the worker can wear a negative pressure respirator while performing their work. Each worker's medical submittal must include a current comprehensive medical exam, including a history of respiratory and gastrointestinal diseases, meeting ASBESTOS ABATEMENT PAGE 11 the general definition outlined in 29 CFR 1910.1001, 29 CFR 1910.134, [and] 29 CFR 1926.1101 and California Administrative Code Title 8, CAC Section 5208, page 442.2.1 part (1)]. E. Record of successful fit testing performed by a qualified individual within the previous six months, for each employee to be used on this project with the employee's name and social security number with each record. F. Proposed respiratory protection program for employees throughout all phases of the job, including make, model and NIOSH approval number of the respirators to be used. G. Material Safety Data Sheets (MSDS) on potentially hazardous materials to be used on the project. H. Proof of Contractor's License and Asbestos Certification from the Contractors Licensing Board, and proof of registration with the Division of Occupations) Safety and Health in accordance with California Labor Code, Section 6501. I. Copy of appropriate General Liability Insurance Certificate naming City of Arcadia as additionally insured. J. List of proposed environmental laboratories to be used by the Contactor, including copies of pertinent licenses, certifications and registrations. K. List of proposed subcontractors to be used by the Contractor, if any. L. List of proposed waste transporters to be used by the Contractor, including copies of pertinent licenses, certifications and registrations. M. List of proposed waste disposal facilities to be used by Contractor, including copies of pertinent licenses, certifications and registrations. N. List of product substitutions proposed by Contractor to be considered for approval by the City and/or designated Environmental Consultant. O. Written abatement plan by Contractor, as required by 8CCR, Sec. 5208. P. Detailed work schedule including, but not necessarily limited to, specific dates of proposed work, number and hours of each shift per day, number of workers/supervisors for each shift, and the proposed completion date. • Q. Provide manufacturer's certification that vacuums, differential pressure equipment filters, and other local exhaust ventilation equipment conform to ANSI Z9.2. ASBESTOS ABATEMENT PAGE 12 1.5 REIMBURSEMENT OF COSTS OF THE OWNER AND THE CONSULTANT A. In The event that reviews and/or Clearance Testing by the Consultant or regulatory agencies shows that the Work Area or any portion of the Work Area is not decontaminated or If the Work is not in conformance with the Specifications, the Owner, Consultant and his Consultants will record all time, tests and project related expenses expended to monitor the Work until the work in compliance. All time and expenses recorded by the Owner, Consultant and his Consultants to monitor the above work, and all time, tests and project related expenses incurred by the Owner and Consultant and his Consultants outside the Project Work Days, Work Hours or Contract Time shall, at the discretion of the Owner, be paid for by the Contractor. The Contractor, promptly upon receipt of the billing from the Owner, or the Consultant shall reimburse the Owner at the normal billing rate of the Owner or the Consultant and his Consultants, or the Owner is authorized to withhold funds from the Contract Sum, for all time spent by the Owner, Consultant and his Consultants for reviews, testing and other project -related expenses when any of the above conditions occur. , B. Overtime work by the Contractor shall be requested' in writing at least 48 hours in advance to allow for scheduling of appropriate School Personnel and the Consultant. 1. In the event the Consultant is required to work overtime, either at the request of or because of the Contractor, the Owner has the option of charging the Contractor for the overtime hours worked at the Consultant's overtime rate. PART 2 -WORKER PROTECTION • 2.1 PERSONAL PROTECTION & HYGIENE A. All persons working on an Asbestos abatement site shall, when present in the work area, wear disposable clothing with attached foot and head covers and at minimum a half face air purifying respirator equipped with high efficiency particulate air filters. B. The Contractor shall ensure that all persons entering the work area without exception: 1. Change from street clothes to protective clothing at designated areas prior to starting the day's work. 2. Smoking is prohibited is all times. No eating or drinking is to take place beyond the established critical barrier. Prior to eating or drinking, the workers will be fully decontaminated. Each worker will ASBESTOS ABATEMENT PAGE 13 then dress in clean overalls to eat or drink. These new coveralls can then be worn back into the work area. C. The Contractor shall require that each person entering the Work Area shall wear an approved respirator and protective clothing. There shall be no exceptions to this rule. D. Protective clothing shall consist of disposable full-body clothing of non- woven material comprised of heat and pressure-bonded polyethylene fibers. Material shall be chemically and biologically inert, low-linting and static free (unless laundered); durable enough to resist abrasion, puncturing and \tearing; highly resistant to penetration of air-borne particulate when wet or dry. Suits may be fabricated with integral head and foot covering. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. E. The Contractor shall require a minimum of a half-face negative pressure respirator with high efficiency filters during the removal and clean-up operations. Supply a sufficient quantity of respirator filters so that workers can change filters as needed. Require that respirators be wet-rinsed and filters discarded each time a worker exits the work area. Require that new filters be installed each time a worker re-enters the work area. Store respirators and filters at the job site and protect them totally from exposure to dust prior to their use. F. Wearing of contact lenses in the contaminated atmosphere shall not be permitted. 2.2 RESPIRATORS A. The Contractor shall provide approved respirators to all workers at no charge. B. The Contractor shall require that each person entering the work area shall wear an approved respirator. There shall be no exceptions to this rule. II C. The Contractor shall instruct and train each worker involved in Asbestos abatement or maintenance and repair of Asbestos-containing materials in proper respiratory use and require that each worker always wear a respirator, properly fitted on the face in the work area from the start of any operation which may cause airborne lead particles until the work area is completely decontaminated. D. The Contractor shall ensure that the employees will use respiratory protection that is appropriate for the lead level encountered in the work ASBESTOS ABATEMENT PAGE 14 1 L place or as required for other toxic or oxygen-deficient situations encountered. E. Except to the extent that more stringent requirements are written directly into the Specifications, the following regulations and standards have the same force and effect (and are made a part of the Specifications by reference) as if copied directly into the Specifications, or as if published copies were bound herewith. Where there is a conflict in requirements set forth in these regulations and standards, meet the more stringent requirement. OSHA - U.S. Department of Labor Occupational Safety- and,Health Administration, Safety and Health Standards 29 CFR 1910, Section 1001 and 29 CFR 1910.134, 29 CFR 1926.62. ANSI - American National Standard Practices for Respiratory Protection, ANSI Z88.2. NIOSH - National Institute for Occupational Safety and Health MSHA - Mine Safety and Health Administration F. Air Purifying Respirators 1. Respirator Bodies: Provide half face or full face type respirators. Equip full face respirators with a nose cup or other anti-fogging device. 2. Filter Cartridges: Provide, at a minimum, HEPA type filters labeled with NIOSH and MSHA Certification for "Radionuclides, Radon Daughters, Dust, Fumes, Mists including Asbestos-Containing Dusts and Mists" and color coded in accordance with ANSI Z88.2. In addition, a chemical cartridge section may be added, if required, for solvents, etc., in use. In this case, provide cartridges that have each section of the combination canister labeled with the appropriate color code and'NIOSH/MSHA Certification. 3. Non-permitted respirators: Do not use single use, disposable or quarter face respirators. G. Fit Testing: 1. Initial Fitting: Provide initial fitting of respiratory protection during a respiratory protection training course. Fit types_ of respirator to be actually worn by each individual. Allow an individual to use only ASBESTOS ABATEMENT PAGE 15 those respirators for which training and fit testing has been provided. 2. On a Semi-Annual Basis: check the fit of worker's respirator by having irritant smoke blown onto the respirator from a smoke tube. 3. Upon Each Wearing: Require that each time an air-purifying respirator is put on it be checked for fit with a positive and negative pressure fit test in accordance with the manufacturer's instructions or ANSI Z88.2. H. Permissible Exposure Limit (PEL): 1. 8-Hour Time Weighted Average: (TWA) of lead to which any worker may be exposed shall not exceed 0.1 f/cc. I. Respiratory Protection Factor: Respirator Type Protection Factor Air purifying: 10 Negative pressure respirator High efficiency filter Half facepiece Air purifying: 50 Negative pressure respirator High efficiency filter Full facepiece Powered Air Purifying (PAPR): 50 Positive pressure respirator High efficiency filter Half or Full facepiece Type C supplied air: 1,000 Positive pressure respirator Pressure demand or other positive pressure mode Half facepiece Type C supplied air: 2,000 Positive pressure respirator Pressure demand or other positive pressure mode Full facepiece Type C supplied air: 10,000 Positive pressure respirator AGRFsTCIs ARATFMFNT ' PAnF 16 1 Pressure demand or other positive pressure mode Full facepiece Equipped with an auxiliary positive pressure Self-contained breathing apparatus (SCBA) Self-contained breathing apparatus (SCBA): 10,000 Positive Pressure respirator • Pressure demand or other positive pressure mode 2.3 DRESS AND EQUIPMENT A. The Contractor shall provide approved protective clothing to,all workers, and to all official representatives of the Owner,, State or other governmental entity, and.the Consultant who may inspect the job site. B. Protective clothing shall consist of disposable, full-body clothing of non- woven 'material comprised of heat and pressure-bonded polyethylene fibers. material shall be chemically and biologically inert, low-linting and static free(unless laundered); durable enough to resist abrasion, puncturing and tearing; highly resistant to penetration of air-borne particulate when wet or dry. Suits may be fabricated with integral head and foot covering. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. C. Disposable protective clothing shall be disposed of as Asbestos waste every time the wearer exists from the work space/equipment room to the shower room while proceeding to the clean area. D. Additional safety equipment: Hard hats shall meet the requirements of ANSI Standard Z89.1; eye protection shall meet the requirements of ANSI Standard Z87.1 and foot protection shall meet the requirements of ANSI Standard Z41.1; disposable PVC gloves as necessary shall be provided to all workers and authorized visitors. Non-skid footwear shall be provided to all abatement workers. 2.4 WORKER PROTECTION PROCEDURES - TO BE POSTED IN CLEAN ROOM Bilingual (English and other appropriate language[s]) Worker Protection Procedures must be posted in the Clean Room. If the first language of all Workers is English, the bilingual procedures are excepted. A Each Worker and Authorized Visitor shall, upon entering the job site: remove street clothes in the Clean Room and put on a respirator and clean protective clothing before entering the Equipment Room or the Work Area. ASBESTOS ABATEMENT PAGE 17 B. All Workers shall, each time they leave the Work Area: remove gross- contamination from clothing before leaving the Work Area; proceed to the Equipment Room and remove all clothing except respirators: still wearing the respirator, proceed naked to the showers; clean the outside of the respirator with soap and water while showering; remove the respirator; thoroughly shampoo and wash themselves. C. Following showering and drying off, each Worker shall proceed directly to • the Clean Room and dress in their personal clothing. Before reentering the Work Area, each Worker and Authorized Visitor shall put on a clean respirator and shall dress in clean protective clothing. D. Contaminated protective clothing and work footwear shall be stored in the Equipment Room when not in use in the Work Area. At appropriate times or upon completion of Asbestos Abatement, dispose of protective clothing and footwear as contaminated waste, or launder in accordance with government regulations. E. Workers removing waste containers from the Equipment Decontamination Enclosure shall enter the Holding Area from outside wearing a respirator and dressed in clean disposable coveralls. No Worker shall use this system as a means to leave or enter the Washroom or the Work Area. F. The disposable clothing worn outside the Work Area shall be of different color or markings from the disposable clothing worn inside the Work Area. G. Workers shall not eat, drink, smoke, or chew gum or tobacco while in the Work Area. H. Workers and Authorized Visitors with beards or who are unshaven shall not enter the Work Area. 2.5 MEDICAL EXAMINATIONS AND HISTORIES • A. Before exposure to airborne Asbestos, the Contractor will provide each employee providing labor or professional services at the Project site with a current comprehensive medical exam, including a history of respiratory and gastrointestinal diseases, meeting the general definition outlined in 29 CFR 1910.1001, 29 CFR 1910.134, [and] 29 CFR 1926.1101 and California Administrative Code Title 8, CAC Section 5208, page 442.2.1 part (1)]. ASBESTOS ABATEMENT PAGE 18 1 PART 3 - PRODUCTS 3.1 GENERAL A. Contractor shall furnish, provide and utilize the following produsts in the Work as specified. 3.2 PROTECTIVE COVERING A. Protective sheeting shall be 4 or 6 mil in thickness and conform to ASTM E154, Kc-156, D-124B, D-2103 and D4379. B. Polyethylene sheeting shall be fire resistive. C. Polyethylene sheeting shall be opaque in color. 3.3 PROTECTIVE PACKAGING A. Bags utilized for waste shall be a minimum of 6 mil in thickness and properly labeled in accordance with EPA, OSHA, and DOT regulations. B. Appropriately labeled, sealable, impermeable drum containers. 3.4 TAPE A. Duct Tape 2" or wider, or equal, and capable of sealing joints of adjacent sheets of plastic, and for attachment of plastic sheet to finished or unfinished surfaces of dissimilar materials, and capable of adhering under both dry and wet conditions, including use of amended water. 3.5 CAUTION SIGNS A. Before removing Asbestos, and at each separate work area, the contractor performing abatement shall display caution signs as required by 29 CFR 1910.1001, 29 CFR 1926.1101 and/or other pertinent state and local regulations. 3.6 SURFACTANT A. Surfactant, or wetting agent, for amending water will be 50% polyoxyethylene polyglycol ester and 50% polyoxyethylene ether, or equivalent, at a concentration of one (1) ounce per five (5) gallons of water. _ B. .Surfactants containing the ingredient Methylene Chloride are not acceptable. ASBESTOS ABATEMENT PAGE 19 3.7 ENCAPSULATING SEALER A. Shall be a penetrating or bridging type, pollution-free, nontoxic, with a Class A fire classification as specified herein. Encapsulants with the ingredint Mwthylene Chloride are not acceptable. B. Shall be flexible when cured, resistant to weathering, oxidation, aging and abuse. C. Approved manufacturer for encapsulation of spray-applied or trowel- \applied materials include American Coatings Corporation. Approved manufacturer for all other encapsulation work include American Coatings, HB Fuller Company - Fosters Product Division, or approved equal. D. Shall be a water-dispensed coating, insoluble in water when cured. E. Shall be used undiluted. F. Shall have a written certification from the manufacturer that the encapsulant is compatible with the replacement material and will safely withstand temperatures of all surfaces on which the encapsulation will be applied. G. The City of Arcadia, and/or the designated Consultant for the proposed project, may at any time take random samples of encapsulant from open containers or spray equipment for testing to insure product quality and compliance with the Specifications. H. Encapsulant to be applied to structural members before re-application of spray-applied or trowel-applied fireproofing must be a component of the fireproofing system when it was tested and rated by the underwriters laboratory (UL), American Society for Testing & Materials (ASTM), Factory Mutual (FM) or other building code approved agencies. 3.8 LAGGING ADHESIVE A. Shall meet NFPA 90A Code, such as Arabol, Childers CP52, Insul' Coustic 102, or approved equal. 3.9 GLOVEBAGS A. The glovebag (typically constructed of six [6] mil transparent regulate plastic) has two (2) inward-projecting longsleeve rubber gloves, one (1) inward-projecting waterwand sleeve, an internal tool pouch, and an attached labeled receptacle for Asbestos Waste. ASBESTOS ABATEMENT PAGE 20 3.10 TOOLS AND EQUIPMENT A. Provide suitable tools for Asbestos removal and encapsulation.. B. Negative air pressure equipment: High-efficiency particulate air (HEPA) filtration systems shall have filtration equipment in compliance with ANSI Z9.2, local exhaust ventilation. C. Manometer: Shall have a built-in alarm and contineous hard copy read- out. D. HEPA Vacuums: Shall comply with ANSI Z9.2, local exhaust ventilation. PART 4 - EXECUTION 4.1 WORK AREA PREPARATION (PROVIDE 72 HOURS NOTICE TO THE ENVIRONMENTAL CONSULTANT PRIOR TO START OF WORK AND/OR ANY SCHEDULE CHANGE THEREAFTER) A. Contractor must perform All work in accordance with, but not necessarily limited to, 29 CFR 1926.1101 (OSHA regulations), 8CCR $280 (Cal/OSHA) and South Coast Air Quality Management District (Rule 1403). The Environmental Consultant shall have the authority to determine/approve the extent of each Work Area preparation. B. Preparation procedures for removal of spray-applied or trowel-applied materials; tank, boiler, breaching, flue, chiller, miscellaneous equipment and pipe insulation; and other friable materials: 1. Removal of the above or other friable Asbestos-Containing materials, unless specified otherwise, shall be executed in a fully "Contained" Work Area. 2. Contractor shall Isolate the Work Area for the duration of the Project, completely sealing all openings including, but not limited to, HVAC ducts, diffusers and grilles, skylights, doorways, and windows, with six (6) mil polyethylene taped securely to a clean surface. Spray adhesive used on finished surfaces should be avoided where possible. Construct barriers that enclose or separate Work Areas with wood or metal framing members and sheathed with plywood. 3. HVAC systems shall be shut down. Contractor shall design his Work Area preparation and engineering controls as specified and/or as required to prevent damage to and contamination of the affected HVAC system. ASBESTOS ABATEMENT PArF 1 1 1 4. Contractor shall remove all Movable Objects from the Work Area that are vulnerable to damage or contamination, or that will impede or prevent the completion of the Work. All Movable Objects removed from the Work Area shall be clean before being moved to the designated storage area. 5. Clean and cover Fixed and Movable Objects that can remain in the Work Area with six (6) ml polyethylene sheeting taped securely in place. Special precautions shall be taken to protect Fixed Objects vulnerable to damage or contamination. 6. All Fixed and Movable Objects requiring cleaning shall be washed with amended water or cleaned with a HEPA filtered vacuum. 7. All objects removed shall be adequately marked and charted on a plan to . ensure proper reinstallation upon completion of the decontamination of the Work Area. The objects shall be stored in a location designated by the Owner, and in a manner that will prevent contamination or damage to the objects. Damaged and missing objects will be replaced by the Contractor at his own expense and to the satisfaction of the Owner. 8. Seal and protect all light fixtures, computer systems communication systems. lighted exit signs and other electrical items, etc, that will remain within the Work Area with six (6) mil polyethylene taped securely. The polyethylene cover shall be kept away from heat- generating electrical devices where fire or damage to the device is possible. Light fixtures and all other electrical items shall be thoroughly cleaned before. covering. Make waterproof all electrical conduit connections and other electrical devices that will be exposed to moisture. 9. After Work Area abatement but prior to clearance testing, the Contractor shall remove heating, ventilation and air conditioning system filters, and pack them in protective six (6) mil polyethylene sheeting for burial in the approved Waste Disposal Facility. 10. After Work Area abatement but prior to clearance testing the air handling and duct system shall be cleaned. The Contractor shall possess the necessary skills or shall retain the services of a professional company that is experienced in the decontamination of air handling and duct systems. 11. Clean the proposed Work Areas before plasticizing floors and walls, using HEPA vacuum equipment or wet-cleaning methods as ASBESTOS ABATEMENT pnr_P�� appropriate. Do not use methods that raise dust. such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. 12. Work Area (Containment): Contractor shall cover entire floor with a minimum of two (2) six (6) mil protective coverings. Cover wall and column surfaces with a minimum of two (2) four (4) ml protective covering. Floor coverings shall extend a minimum of 12' up vertical surfaces and behind wall covers. All seams shall be staggered and securely taped. Each layer shall be independently taped to the wall. a. Contractor shall cover entire floor\with a heavy duty tarpaulin (reinforced polyethylene) followed by three (3) layers of six (6) mil protective coverings and a single ten (10) mil protective floater sheet. Cover walls and columns with three (3) four (4) mil protective covering. Floor coverings shall extend a minimum of 12" up vertical surfaces and behind wall coverings. Alt seams shall be staggered, adhesive sprayed and securely taped. 13. Install 2' x 2' Plexiglas observation window(s) at strategic location(s) in the "Containment" barrier to allow observation of work from outside the Work Area. Obtain the Environmental Consultant's approval for window locations. 14. Seal all wall, plumbing, duct and other cavities to prevent Asbestos materials from falling into such cavities during the Work. 15. The Contractor shall check regularly (at beginning, middle and end of each shift as a minimum) all polyethylene isolation and containment (protective) barriers for punctures, loose seats, and contact with heat-generating devices, etc. Problem areas shall be repaired or mended immediately. 16. Maintain existing emergency exits from the building. Maintain a minimum of two (2) exits from Work Areas where possible. The first exit shall be the Worker.Decontamination Enclosure System. The second exit may be the Equipment Decontamination Enclosurd System or a ripcord type, emergency only exit in the plastic" containment at a door, window or other appropriate location. Exits, where possible, shall be on opposite ends of the Work Area. All exits shall be labeled in bright letters or signage. The second exit shall be labeled "Emergency Exit Only". Establish alternative exits satisfactory to fire officials where existing building or Work Area emergency exits am unavoidably blocked by activities of this project. ASBESTOS ABATEMENT PAGE 23 17. Provide and maintain appropriate fire extinguisher inside and outside the Work Area. [One 30-pound type 'ABC" fire extinguisher is required for each 2,000 sq. ft of floor area.] 18. Install and maintain temporary emergency lighting with battery backup power in all Work Areas. Work Areas with natural lighting, and no night work to be performed, are exempt from this requirement. 19. Shutdown of electric power during the wet removal or encapsulation phase of the Project is mandatory unless directed otherwise. Provide temporary power and lighting when necessary, and ensure safe installation of temporary power sources and equipment per applicable electrical code requirements including appropriate Ground Fault protection. Temporary light fixtures will be explosion proof. Provide and maintain auxiliary diesel generator equipment where existing facility power is Insufficient. Locate generator or vent generator exhaust in a manner that will prevent carbon monoxide hazards to workers and the public. When power shutdown is required, the Contractor shall check for conditions where shutdown will pose a danger to the building or to the building's components. Contractor shall take all precautions necessary, including inspections and testing, to insure the safety of his employees and other building occupants from electrical hazards during the course of the Project. Existing fire, smoke detection and other life safety Systems shall be kept in operation at all times, or, the Contractor shall install and maintain a temporary system or alternate acceptable to the Owner and fire officials. 20. The Contractor shall install and maintain Negative Air Pressure Equipment during the abatement and decontamination phases of the Project until the Clearance Test has passed. A sufficient amount of air shall be exhausted by the unit(s) to create a pressure of -0.02 inches of water within the Work Area with respect to the area outside the Work Area. If only one unit is necessary to provide the specified negative air pressure in a Work Area, the Contractor shall have a backup unit in place should the first unit fail, and for' filter changes. Install and maintain emergency self-starting diesel generator back-up power for negative pressure equipment in the event of power loss in the facility. Locate generator or vent generator exhaust in a manner that will prevent carbon monoxide hazards to workers and the public. When more than one negative air pressure unit is required, emergency power back-up is required for only 50% of the units. ASBESTOS ABATEMENT PAGE 24 21. Install and maintain a manometer from the time abatement begins until the Clearance Test has passed in Work Areas where adjacent areas are occupied by unprotected workers, other building users or the public. The manometer must_be equipped with an alarm and have continuous printout of the negative pressure inside the Work Area. Report readings to the Environmental Consultant at the start and end of each work shift. 22. Notify the Environmental Consultant twenty-four (24) hours in advance of when preparatory steps will be completed. Asbestos Abatement Work shall not commence until: all preparation requirements have been completed: all tools, equipment and _ materials are on hand; all required submittals, notices and permits have been approved, and until the Environmental Consultant authorizes that Work may commence. B. Preparation Procedures for: Minor repair of tank, boiler, breaching, flue, chiller and miscellaneous equipment Insulation, the removal of resilient floor tile, resilient sheet flooring, flooring mastic and the removal of pipe insulation by the Glovebag Method (when approved) and for minor or localized debris cleanup: 1. Above removal, repair and debris cleanup activities unless specified otherwise, shall be executed in an "'isolated"' Work Area. 2. Contractor shall Isolate the Work Area for the duration of the Project completely seating all openings, including but not limited to, HVAC ducts, diffusers and grilles, skylights, doorways and windows, with six-(6) mil polyethylene sheet plastic securely taped to a clean surface. Spray adhesive applied on finished surfaces should be avoided where possible: As an option to isolating an entire room or area, the Contractor may construct a single-layer six (6) ml polyethylene Isolation barrier (Mini Containment) around the • pipe, equipment or debris being worked on in accordance with procedures specified by 29 CFR 1926.50 for small scale, short duration projects. Work Areas with permeable finishes' and/or components will require the covering of such items with one layer of tour (4) ml polyethylene plastic or the Contractor shall use the' Mini Containment option. 3. Curtained Doorway; Contractor shall construct a Curtained Doorway of clear plastic sheeting, using six (6) mil polyethylene plastic, at entrances and exits to the Work Area. If the Mini Containment option is used, move the construction of the Curtained Doorway from the room entrance to the Mini Containment itself. 4. HVAC systems shall be shut down. If the air- handling system ASBESTOS ABATEMENT PAGE 25 cannot be shut down and there is an avenue for asbestos fibers generated during abatement work to enter into the air stream of the HVAC system, construct a single-layer six (6) mil polyethylene plastic barrier (Mini Containment) around the item(s) being abated. In addition contain/secure HVAC System when possible without interfering with service to areas outside the Work Area. 5. Shutdown of electric power during work unless directed otherwise is mandatory where electrical hazards are possible. Provide temporary power and lighting when necessary, and ensure safe installation of temporary sources and equipment per applicable electrical code requirements, including appropriate Ground Fault protection. Temporary light fixtures must be explosion proof. Provide and maintain auxiliary diesel generator equipment where existing facility power is insufficient. Locate generator or vent generator exhaust in a manner that will prevent carbon monoxide hazards to workers and the public. When power shutdown is required, the Contractor shall check for conditions where shutdown will pose a danger to the building or to the building's contents. Contractor shall take all precautions necessary, including inspections and testing, to insure the safety of his employees and other building occupants from electrical hazards during the course of the Project. Existing fire, smoke detection and other life safety systems shall be kept in operation at all times or, the Contractor shall install and maintain a temporary system or alternative acceptable to the Owner and fire officials. 6. Contractor shall check regularly (at the beginning, middle and end of each shift as a minimum) all polyethylene Isolation barriers for punctures, loose seats, contact with heat-generating devices, etc. Problem areas shall be repaired or mended immediately. 7. Contractor shall install and maintain Negative Air Pressure Equipment during the abatement and decontamination phases of the project until the Clearance Test has passed. A sufficient amount of air shall be exhausted by the unit(s) to create a pressure of negative 0.02 inches (-0:02 inches) of water within the Work Area with respect to the area outside the Work Area. if only one unit is necessary to provide the specified negative air pressure in a Work Area, the Contractor shall have a backup unit in place should the first unit fail and for filter changes. When the "Mini Containment" option is utilized the Contractor may substitute a HEPA vacuum to create the specified negative air pressure within the Work Area when standard Negative Air Pressure Equipment volumes are too great. ASBESTOS ABATEMENT PAGE 26 • 8. Maintain existing emergency exits from the building. Maintain a minimum of two (2) exits from the Work Area where possible. The first exit shall be the Worker Decontamination Enclosure system. The second exit, when possible, shall be a second door, window, or " other appropriate opening with a rip cord emergency only exit seal Exits, where possible, shall be on opposite ends of the Work Area. All exits shall be labeled in bright letters or signage. The second exit shall be labeled "Emergency Exit Only." Establish alternative exits satisfactory to fire officials, when existing building Work Area emergency exits are unavoidably blocked by activities of this project. 9. Provide and maintain appropriate type of fire extinguishers in the Work Area. The size and number of extinguishers shall be as required by local fire officials, but shall not be less than one (1) fire extinguisher Inside and outside the Work Area. 10. Provide temporary emergency lighting with battery backup power in all Work Areas where none exists. Work Areas with natural lighting, and no night work to be performed, . are exempt from this requirement. 11. Notify the Environmental Consultant twenty-tour (24) hours in advance of when preparatory steps will be completed. Asbestos Abatement Work shall not commence until: all preparation requirements have been completed; all tools, equipment, and materials are on hand; all required submittals notices and permits have been approved, and until the Environmental Consultant authorizes in writing mat Work Is to commence. C. Preparation procedures for ceiling panel removal: 1. Panel removal activities may be executed in a non-isolated Work Area when the use of a moveable decontamination enclosure unit is employed, otherwise follow preparation procedure specified in Article 4.1 B. 2. Owner shall remove, where possible, all moveable furniture,' cabinets, etc., from underneath the area where panels are being removed, and adjacent areas to allow access for the moveable decontamination enclosure unit. Contractor shall cover Fixed Objects with three (3) mil polyethylene sheeting. Special precautions shall be taken to protect items vulnerable to moisture or contamination. 3. Shutdown of electrical power during the work is mandatory in areas ASBESTOS ABATEMENT PAGE 27 , where a possible electrical shock poses a hazard unless directed otherwise. Provide temporary power and lighting when necessary and ensure a safe installation of temporary power sources and equipment per applicable electrical code requirements including appropriate Ground Fault protection. Temporary light fixtures shall be explosive proof. Provide and maintain auxiliary diesel generator equipment where existing facility power is insufficient. Locate generator or vent generator exhaust in a manner that will prevent carbon monoxide hazards to workers and the public. When power shutdown is required, the Contractor shall check for conditions where shutdown will pose a danger to the building or to the building's components. Contractor shall take all precautions necessary, including inspections and testing, to insure the safety of his employees and other building occupants from electrical hazards during the course of the Project. Existing fire, smoke detection and other life safety Systems shall be kept in operation at all times or, the Contractor shall install and maintain a temporary system or alternative acceptable to the Owner and fire officials. 4. HVAC systems shall be shut down while removal is in progress. 5. Maintain existing emergency and fire exits from Work Area or establish alternative exits satisfactory to the Owner and fire officials. 6. Provide and maintain appropriate fire extinguishers in the Work Area and adjacent areas. The size and number of extinguishers shall be as required by local fire officials but shall not be less than one (1) per Work Area. 7. Provide temporary emergency lighting with battery backup power in all Work Areas where no emergency lighting is provided. Work Area with natural lighting and no night work to be performed is exempt from this requirement. _ 8. Notify the Environmental Consultant twenty-four (24) hours in advance of when preparatory steps will be completed. Asbestos Abatement Work shall not commence until: all preparation' requirements have been completed; all tools, equipment, and materials are on hand; all required submittals, notices and permits have been approved and until the Environmental Consultant authorizes in writing that the Work may commence. ASBESTOS ABATEMENT PAGE 2R - D. Preparation Procedures for ceiling debris removal: 1. Prepare Work Area in accordance with Article 4.1.A. E. Preparation procedures for encapsulation of spray-applied or trowel- applied materials: 1. Prepare Work Area in accordance with Article 4.1.A. The following exceptions shall apply: a. Wall covering may be reduced to a.single layer. F. Preparation procedures for removal of nonfriable Asbestos-Containing roofing and "Transite" materials (in good condition.) 1. Work Area preparation is determined by the Environmental Consultant. G. Preparation procedures for major repair of: spray-applied or trowel-applied materials; tank, boiler, breaching, flue, chiller and miscellaneous equipment and pipe insulation: 1. Prepare Work Area in accordance with Article 4.1.A. 4.2 DECONTAMINATION ENCLOSURE SYSTEMS A. Decontamination Enclosure Systems (Worker and Equipment) general requirements: 1. Build suitable wood, metal or PVC framing as described herein and as approved by the Environmental Consultant at the shop drawing submittal stage. Portable prefab units, if utilized, must be submitted for review and approval by the Environmental Consultant before start of construction. Submittal shall include, but not be limited to, a floor plan layout complying with the schematic layouts bound herein, showing dimensions, materials. sizes, thickness, plumbing, and electrical outlets, etc. B. Decontamination Enclosure System for asbestos abatement work in "Contained" Work Areas: 1. Construct a Workers' Decontamination Enclosure System contiguous to the Work Area consisting of three totally enclosed chambers to conform with standard drawings bound herein as follows: ASBESTOS ABATEMENT PAGE 29 a. An Equipment Room with an Air Lock to the Work Area and a Curtained Doorway to the Shower Room. b. A Shower Room with two Curtained Doorways, one to the Equipment Room and one to the Clean Room. Plastic on Shower Room and adjoining Equipment and Glean Rooms shall be opaque. The Shower Room shall contain at least one shower with hot and cold or warm water. Careful attention shall be paid to the shower enclosure to ensure against leaking of any kind. Trap shower waste using filters having a maximum pore size of 1.0 micron, and drain into a sanitary sewer. Replace filter when they become clogged. Ensure a supply of soap and disposable towels at all times in the Shower Room. C. A Clean Room with one Curtained Doorway into the shower and one entrance or exit to non-contaminated areas of the building. The Clean Room shall have sufficient space for storage of the Workers street clothes, towels, and other non- contaminated items. Joint use of this space for other functions, such as offices, storage of equipment, materials, or tools, shall be prohibited. 2. Construct an Equipment Decontamination Enclosure System consisting of two totally enclosed chambers as follows: a. A Washroom with an Air Lock to a designated staging area of the Work Area and a Curtained Doorway to the Holding Room. b. A Holding Room with a Curtained Doorway to The Washroom and a doorway to an uncontaminated area. C. Decontamination Enclosure System for asbestos-abatement work in "Isolated" Work Areas: 1. Construct a Decontamination Enclosure System consisting of two totally enclosed chambers, as follows: ' a. An Equipment Room, consisting of a Curtained Doorway to the Isolated Work Area and a Curtained Doorway to the Shower Room. b. A Shower Room, consisting of a Curtained Doorway to the Equipment Room and a Curtained Doorway to an uncontaminated area. Plastic on Shower Room and ASBESTOS ABATEMENT PAGE 30 • adjoining Equipment and Clean Rooms shall be opaque. The Shower Room shall contain at least one shower with hot and cold or warm water. Careful attention shall be paid to the shower enclosure to ensure against leaking of any kind. Trap shower waste using filters having a maximum pore size of 1.0 micron, and drain into a sanitary sewer. Replace filter when they become clogged. Ensure a supply of soap and disposable towels at all times in the Shower Room. 2. Construction of an Equipment Decontamination Enclosure System is optional. a. A Washroom with an Air Lock to a designated staging area of the Work Area and a Curtained Doorway to the Holding Room. b. A Holding Room with a Curtained Doorway to the Washroom and a doorway to an uncontaminated area. D. Decontamination Enclosure System for encapsulation of spray-applied or trowel-applied materials: 1. Construct a Decontamination Enclosure System - Worker and Equipment) in accordance with Article 4.2.B. E. Decontamination Enclosure System for nonfriable Asbestos-Containing materials: 1. Construct' a Decontamination Enclosure System - Worker and Equipment) in accordance with Article 4.2.B. F. Movable Decontamination Enclosure Unit for ceiling panel removal and ceiling debris removal: 1. A Movable Decontamination Enclosure Unit shall be erected for the ceiling panel removal and ceiling debris removal work. The enclosure shall be of a scaffold frame type on locked casters with six (6) mil polyethylene sheeting at floor and all four sides, one sidd to serve as a Curtained Doorway with a double-layer polyethylene sheeting. . Construction of enclosure to comply with EPA, OSHA and local regulatory requirements. Install and operate negative air equipment connected to or within the unit. Negative pressure within the enclosure shall be sufficient to create a high flow of air into me - top of the enclosure. ASBESTOS ABATEMENT PAGE 31 • a. Build suitable framing as described herein and as_approved by the Environmental Consultant at the shop drawing submittal stage. Portable prefab units, if utilized, must be submitted for review and approved by the Environmental Consultant before start of construction. Submittal shall Include, but not be limited to, a floor plan layout complying with the schematic layouts bound herein, showing dimension, materials, size, thickness, plumbing, and electrical outlets, etc. 4.3 DECONTAMINATION PROCEDURES A. The Contractor shall assure that all employees, who work in areas where exposure to Asbestos is expected, decontaminate whenever exiting the work area and at the end of the work shift. B. Decontaminating will consist of rinsing the whole body and protective clothing with water from a water sprayer or portable shower located in the two/three stage decontamination unit and then disposing of the protective clothing. C. All shower waste water will be filtered through a final stage 5 micron filter prior to disposal. D. Disposable protective clothing shall be disposed of as Asbestos waste every time the wearer exists from the work area. 4.4 REMOVAL PROCEDURES A. Contractor must utilize the OSHA (CFR 1926.1101), Cal/OSHA (8CCR Sec. 5208), and South Coast Air Quality Management District (Rule 1403) procedures for the removal of Asbestos-containing materials. " B. Begin work by applying Ammended Water to Asbestos materials. The Asbestos materials shall be sufficiently saturated without causing excessive dripping. Spray materials repeatedly duringthe work process to maintain a wet condition. C. Asbestos materials shall be removed in manageable sections by a multi- person team, some of whom are wetting and the remainder removing and cleaning. Any material which falls to the floor shall be wetted and picked up immediately. Material shall not be allowed to dry out. Material drop shall not exceed 15 feet. For heights up to 50 feet, provide inclined chutes or scaffolding to intercept drop. For heights exceeding 50 'feet, provide enclosed dust-proof chutes. Before a second area can be started, removed material shall be packed into approved and labeled packaging ASBESTOS ABATEMENT PAGE 32 while It is still wet. The outside of all containers shall be clean before leaving the Work Area. Move containers to the Washroom (Shower Room when Equipment Decontamination System is not required), wet-clean each container thoroughly, and move to Holding Area pending removal to uncontaminated areas. D. Prevent build up of excess water and debris by regularly using a HEPA vacuumed system to containerize debris and water. E. Asbestos material debris, drippings, splatters, and overspray on surfaces within accessible ceiling cavities and other accessible areas shall be removed in the same manner and cleaned to the degree as specified above. F. The Work Area shall be kept orderly, clean and clear of work materials, polyethylene sheeting, tape, cleaning material, and clothing. and all other disposable material or items used in the Work Area shall be packed into properly labeled protective packaging and removed from the Work Area. G. Protective packages and drums containing Asbestos materials shall be cleaned and stored in the isolated Holding Area until that time when the materials are to be loaded and hauled to the Hazardous Waste Disposal Facility for burial. The packages and drums shall be stored in piles no higher than four (4) feet, and in a manner that will not result in damage to the packages or drums. Transport bags in covered drums or carts from the Holding Area to the transport. H. Equipment removal procedures: Clean surfaces of contaminated equipment thoroughly by wet-sponging or wiping before moving such Items into the Washroom (Shower Room when Equipment Decontamination System is not required) for final cleaning and removal to uncontaminated areas. Ensure that personnel do not leave Work Area through the Equipment Decontamination Enclosure. L Do not bag water used during abatement activities. Properly filter and drain water into building sanitary 'drain unless prohibited by local regulations. Filter shall have a maximum pore size of 1.0 micron. J. Nonfriable Materials: 1. Resilient Floor Tile and Mastic (also applies to Resilient Sheet Flooring) a. Remove floor tile and mastic with wet methods and in a manner that will not create debris. Mechanical equipment or tools used with water are permissible providing that friable , ASBESTOS ABATEMENT PAGE 33 debris will not be generated. Mechanical equipment or tools used without the use of water will be allowed only if they are the dustless type and if the equipment has a self-contained bagging system and HEPA filtration. Package floor tile and mastic in properly labeled double six (6) mil lined containers or bags for proper disposal according to applicable local, state and federal rules & regulations. 2. Roofing Materials a. Use removal methods that will keep the tearing and fraying of the roof membrane to a minimum. If sawing tools are used, they must be factory equipped with HEPA filtering devices, or perform in a manner that will not release visible dust emissions. Roofing debris made friable shall be misted with an asphalt resaturant before transportation to dumpsters. Do not use water. Do not use excessive amounts of resaturant that may result in leakage into the building. Apply additional resaturant, if necessary when the roofing debris is in the dumpster. Install, when possible, a protective tarp under the Work Area or dumpster where resaturant leakage may result in property damage. b. Off-load roofing debris into dumpster by means of chutes. Use dust control methods as required to hold dust generation to a minimum. c. Roofing shall be removed so that no felts are visible. Asphalt bitumen residue need not be removed from the substrate unless directed otherwise in the Contract Documents. d. Have adequate material on hand and available labor to protect exposed roof areas from water Intrusion during inclement weather. e. Do not commence with removal work if inclement weather is probable. NOTE: Contractor shall be responsible for water damage as the result of the Contractor's work or failure to perform work. Contractor shall be responsible for- maintaining the abated portions of the roof free from moisture intrusion for seven (7) calendar days following the written notice of completion, or until the roofing contractor has been given Notice to Proceed by the Owner, whichever comes first. ASBESTOS ABATEMENT PAGE 34 f. The Work Area shall be kept orderly. clean and clear of work materials. g. Package roofing materials in unlabeled double six (6) ml lined containers or bags, or in accordance with the disposal facilities requirements. 3. Transite Materials: Remove Transite materials with wet methods and in a manner that will not create friable debris. Do not use saws or other such mechanical equipment. Package Transite materials in unlabeled double six (8) ml lined containers or bags, or in accordance with the disposal facilities requirements. 4.5 ENCAPSULATION OF ASBESTOS SPRAY-APPLIED OR TROWEL-APPLIED MATERIALS A. Repair damaged and missing areas of existing spray-applied or trowel- applied materials to obtain a suitable base for sealing and to restore continuity of existing material. Use the specified Asbestos-free replacement material. Prepare surfaces and apply replacement material in accordance with manufacturer's recommendations. B. Remove damaged, loose, or hanging Asbestos material. Pack in labeled, sealable plastic bags, six (6) mil minimum thickness, and place in labeled containers for transport. C. Seal filled containers. Clean external surfaces of containers thoroughly by wet-sponging. Move containers to the Washroom (Shower Room when Equipment Decontamination System is not required). wet-clean each container thoroughly and move to Holding Area pending removal to uncontaminated areas. Ensure that containers are removed from the Holding Area Workers who have entered from uncontaminated areas dressed in dean coveralls. Ensure That Workers do not enter from uncontaminated areas into the Washroom or the Work Area; ensure that contaminated Workers do not exit the Work Area through the Equipment Decontamination Enclosure System. D. After proper preparation of the material, apply bridging/penetrating type' encapsulant to provide complete encapsulation of the material (to substrate, if a penetrating type encapsulant) in accordance with the manufacturers recommendations. Apply encapsulant using airless spray equipment. E. Consult with encapsulant manufacturer prior to proceeding with Work. ASBESTOS ABATEMENT PAGE 35 F. Contractor shall be certified by the encapsulant manufacturer as an approved applicator. 4.6 DECONTAMINATION OF WORK AREA A. Decontaminated procedures for Contained Work Areas: excluding Asbestos-Containing Material encapsulation work: 1. Remove all visible accumulations of Asbestos material and debris. Wet-clean all surfaces within the Work Area to remove Asbestos residue. 2. After cleaning, the Contractor shall perform a complete visual Inspection of the Work Area to ensure that the Work Area is free of any visible debris or residue. 3. Upon completion of his visual inspection. the Contractor shall notify the Observation Service in advance that the Work Area Is ready for Initial Review. 4. Upon proper notification, the observation Service will review the Work Area for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work Area is in compliance, and at the Contractor's expense. 5. Upon successful compliance with the Initial Review by the observation Service and after written notification, the Contractor shall encapsulate surfaces where Asbestos materials have been removed. Unless specified otherwise encapsulate those portions of the items where the Asbestos-Containing material was missing prior to the start of this Contract. All surfaces within ceiling and other accessible cavities where spray-applied or trowel-applied materials have been removed shall also be encapsulated. Apply encapsulant in sufficient amounts to render the affected surface tacky to the touch. The encapsulant shall be compatible with the existing substrate and replacement materials and shall be rated to safely withstand the temperature of the items to which ft will be applied. Encapsulants to be applied to structural members prior to reapplication of spray-applied or trowel-applied fireproofing must be a component of the fireproofing system when it was tested and rated by the Underwriters Laboratory (UL), American Society for Testing Materials (ASTM). Factory Mutual (FM) or other building code approved testing agencies ASBESTOS ABATEMENT PAGE 36 • 6. Upon completion of the Encapsulation Work, me Contractor shall notify the Environmental Consultant in advance that the encapsulated surfaces are ready for Encapsulation Review. 7. Upon proper notification, the Environmental Consultant will review the encapsulated surfaces for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work is in compliance and at the Contractor's expense. 8. Upon successful compliance with the Encapsulation Review by the Environmental Consultant and after written notification the Contractor shall remove the outer layer of plastic on the walls, floors, and ceilings (where applicable). The inner plastic layer and isolation barriers on vents, grilles, diffusers, etc., shall remain in place. 9. Wet-clean the Work Area, wait twenty-four (24) hours to allow for the settlement of dust, and again wet-clean, or clean with HEPA vacuum equipment, all surfaces within the Work Area. After completing of the second cleaning operation the Contractor shall perform a complete visual inspection of the Work Area to ensure that the Work Area Is tree of contamination. 10. Sealed drums and bags, and all equipment used in the Work Area shall be included in the cleanup and shall be removed from the Work Area via the Equipment Decontamination Enclosure System at the appropriate time in the cleaning sequence. 11. Upon completion of the second cleaning operation, the Contractor shall notify the Environmental Consultant twenty-four (24) hours in advance that the Work Area is ready for Progress Review and Clearance Testing. Refer to appropriate Article on Air Monitoring in this Section for Clearance Testing standards. Contamination found during the Pre-testing Review shall be remedied by the Contractor, at his expense, prior to clearance testing. 12. Upon written notification from the Environmental Consultant that the Work Area has passed the standard for Clearance Testing, the Contractor shall apply, when included in the Contract, the Asbestos-free replacement materials and reestablish objects and systems as specified In these specifications. The inner plastic layer and isolation barriers may be removed by the Contractor at any time after written notification. ASBESTOS ABATEMENT PAGE 37 13. Upon completion of the application of replacement materials, or If no replacement materials are required, after the removal of the inner plastic layer, isolation barriers and the re-establishment of objects and systems the Contractor shall notify the Environmental Consultant and/or Owner's Representative twenty-four (24) hours In advance that the Work Area is ready for Pre-final Review. 14. Upon notification the observation Service and Owners Representative wilt review the Work Area. Improper application of replacement materials unapproved damage to the facility or Its contents or improper reestablishment of objects and systems discovered during the Pre-final Review shall be Itemized on a Punch List for correction .by The Contractor at his expense. If no deficiencies are discovered me Contractor this portion of the Contract shall be approved in writing by the Observation Service and Owner's Representative as complete. If deficiencies are noted continue with the subsequent procedures. NOTE: It deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. 15. Upon correction of Punch List deficiencies, the Contractor shall notify the Environmental Consultant and Owner's Representative in advance that the Work Area is ready for Final Review. 16. Upon notification, the Environmental Consultant and Owner's Representative will review the corrected Punch List deficiencies. If the deficiencies have been corrected, the Contract, or this portion of the Contract, shall be approved in writing by the Environmental Consultant and Owner's Representative as complete. If deficiencies have not been properly corrected the Contractor shall repeat at his expense procedures 15 and 16 until all deficiencies have been corrected and approved. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work. The Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. B. Decontamination procedures for Isolated" Work Areas: 1. Contractor shall perform a complete visual inspection of the Work Area to ensure that the Work Area Is free of any contamination. 2. If any evidence of Asbestos material or debris is encountered, the Contractor shall remove the contaminants and shall wet-clean all ASBESTOS ABATEMENT PAGE 38 surfaces within the Work Area to remove Asbestos residue. 3. Sealed drums and bags, and all equipment used in the Work Area shall be Included In the cleanup and shall be removed from the Work Area at the appropriate time in the cleaning sequence. 4. Upon completion of his visual inspection and any necessary cleaning, the Contractor shall notify the Environmental Consultant in advance that the Work Area is ready for Initial Review. 5. Upon proper notification, the Environmental Consultant will review the,Work Area for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work Area is in compliance, and at the Contractor's expense. 6. Upon successful compliance with the Initial Review of the Environmental Consultant and after written notification, the Contractor shall encapsulate surfaces where Asbestos-Containing Materials were removed. Unless specified otherwise encapsulate those portions of the items where the Asbestos-Containing Material was missing prior to the start of this Contract. Apply encapsulant in sufficient amounts to render the affected surface tacky to the touch. The encapsulant shall be compatible with the existing substrate and replacement materials and shall be rated to safely withstand the temperatures of the surface to which it will be applied. Do not encapsulate substrates from which resilient flooring (tile or sheets), flooring mastic or roofing materials have been removed. Encapsulants to be applied to structural members prior to reapplication of spray-applied or trowel-applied fireproofing must be a component of the fireproofing system when it was tested and rated by the Underwriters Laboratory (UL), American Society for Testing Materials (ASTM), Factory Mutual (FM) or other building code approved testing agencies. 7. Upon completion of the Encapsulation Work. the Contractor shall notify the Environmental Consultant twenty-four (24) hours In advance that the encapsulated surfaces are ready fot Encapsulation Review and Clearance Testing. 8. Upon proper notification, the Environmental Consultant will review the encapsulated surfaces for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work is in compliance and at the Contractors expense. ASBESTOS ABATEMENT PAC;F 19 9. Upon successful compliance with, the Encapsulation Review of the Environmental Consultant, the Work Area is ready for Clearance Testing. Refer to the appropriate Article on Air Monitoring in this Section for Clearance Testing standards. 10. Upon written notification from the Environmental Consultant that the Work Area has passed the standard for Clearance Testing, the Contractor shall when included in the Contract, apply Asbestos-free replacement materials and reestablish objects and systems as specified in these Specifications: The Isolation barriers may be removed by the Contractor at any time after the written notification. 11. Upon completion of the application of replacement material, or if no replacement materials are required, after the removal of the isolation barriers and the re-establishment of objects and systems, the Contractor shall notify the Environmental Consultant and Owner's Representative twenty-four (24) hours in advance that the Work Area is ready for Pre-final Review. 12. Upon notification, the Environmental Consultant and Owner's Representative will review the Work Area. Improper application of replacement materials, unapproved damage to the facility or its contents or improper reestabiishment of objects and systems discovered during the Pro-final Review shall be itemized on a Punch List for correction by the Contractor at his expense. If no deficiencies are discovered the Contractor this portion of the Contract shall be approved in writing by the Environmental Consultant and Owner's Representative as complete. If deficiencies are noted continue with the subsequent procedures. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. 13. Upon correction of the Punch Lists deficiencies, the Contractor shall notify the Environmental Consultant and Owners Representative in advance that Work Area is ready for Final Review. 14. Upon notification, the Environmental Consultant and the Owner's Representative will review the corrected Punch List deficiencies. If alt deficiencies have been corrected to the satisfaction of the Environmental Consultant and the Owner's Representative, the Contract or this portion of the Contract shall be approved in writing by the Environmental Consultant and Owner's Representative as ASRFST()S ARATFMFNT onr-G AA completed. If deficiencies have not been property corrected the Contractor shall repeat at his expense procedures 13 and 14 until all deficiencies have been corrected and approved. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owners Representative Substantially Complete. C. Decontamination procedures for encapsulation of spray-applied, trowel- applied or other friable materials in a "Contained" Work Area: 1, Upon completion of the Encapsulation Work, the Contractor shall - notify the Observation Service in advance that the encapsulated surfaces are ready for Encapsulation Review. 2. Upon proper notification. the Environmental Consultant will review the encapsulated surfaces for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work is in compliance, and at the Contractor's expense. 3. Upon successful compliance with the Encapsulation Review by the Environmental Consultant and after written notification, the Contractor shall remove all visible accumulations of Asbestos material debris, and wet-clean all surfaces within the Work Area to remove any Asbestos residue. 4. After cleaning, the Contractor shall perform a complete visual inspection of the Work Area to ensure that the Work Area is free of any debris or residue. 5. Upon completion of his visual inspection, the Contractor shall notify the Environmental Consultant in advance that the Work Area is ready for initial Review. 6. Upon successful compliance with the Environmental Consultant Initial Review and after written notification, the Contractor shall remove the layer of plastic on the walls and floors. The isolation barriers on vents grilles, diffuser, etc., shall remain in place. 7. After removal of the plastic covering, dean the Work Area, vacuuming with HEPA vacuum equipment all surfaces within the Work Area. After the completion of the cleaning operation, the Contractor shall perform a complete visual inspection of the Work Area to ensure that it is free of contamination. ASBESTOS ABATEMENT PAGE 41 8. Sealed drums and bags, and all equipment used In the Work Area shall be included in the cleanup, and shall be removed from the Work Area via the Equipment Decontamination Enclosure at the appropriate time in the cleaning sequence. 9. Upon completion of the cleaning operation. the Contractor shall notify the Environmental Consultant twenty-four (24) hours In advance that the Work Area is ready for review and Clearance Testing. Refer to the appropriate Article on Air Monitoring in this Section for Clearance Testing standards. 10. Upon written notification from the Environmental Consultant that the Work Area has passed the standard for Clearance Testing, the Contractor shall remove the isolation barriers. proceed with the re- establishment of objects and Systems and when included In the Contract, apply Asbestos-free replacement materials as specified in these Specifications. 11. Upon completion of the application of replacement materials, or If no replacement materials are required, after the removal of isolation barriers and the re-establishment of objects and systems, the Contractor shall notify the Environmental Consultant and Owner's Representative'twenty-four (24) hours In advance that the Work Area is ready for pre-final Review. 12. Upon notification, the Environmental Consultant and Owner's Representative will review the Work Area. Improper application of replacement materials or improper re-establishment of objects and systems or unapproved damage to the facility or is contents discovered during the Pre-final Review shall be itemized on a Punch List for correction by the Contractor at his expense. If no deficiencies are discovered the Contract or this portion of the Contract shall be approved in writing by the Environmental Consultant and Owners representative as complete. If deficiencies are noted continue with the subsequent procedures. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work. the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. 13. Upon correction of the Punch Listed deficiencies, the Contractor shall notify the Environmental Consultant and the Owner's Representative In advance that the Work Area is ready for Final Review. • ASBESTOS ABATEMENT PAGE 42 14. Upon notification the Environmental Consultant and• the owners Representative will review the corrected Punch List deficiencies. If all deficiencies have been corrected, the Contract or this portion of the Contract. shall be approved in writing by the Environmental Consultant and owners representative as complete. If deficiencies have not been properly corrected, the Contractor shall repeat, at his expense, procedures 14 and 15 until all deficiencies have been corrected and approved. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. F. Decontamination procedure for removal of nonfriable materials in non- prepared Work Areas: 1. The Contractor shall perform a complete visual inspection of the Work Area. 2. Asbestos debris encountered shall be removed. 3. Sealed drums and bags. and all equipment used in the Work Area shall be included in the cleanup, and shall be removed from the Work Area at the appropriate time in the cleaning sequence. 4. Upon completion of his visual inspection and any necessary cleaning, the Contractor shall notify the Environmental Consultant that the Work Area is ready for Initial Review. - 5. Upon proper notification, the Environmental Consultant will review the Work Area for general conformance with the Specifications. Any nonconformance of the Work shall be remedied by the Contractor until the Work Area is in compliance, and at the Contractors expense. 6. Upon successful compliance with the Initial Review, the Environmental Consultant shall conduct Clearance Testing. Refer to appropriate Article in this Section on Air Monitoring for Clearance Testing standards. 7. Upon written notification from the Owner's Representative that the Work Area has passed the standard for Clearance Testing, the Contractor shall apply the asbestos-free replacement materials,. when included in the contract, and re-establish objects and Systems as specified in these Specifications. ASBESTOS ABATEMENT PAGE 43 8. Upon completion of the application of replacement materials, or if no replacement materials are required, after the re-establishment of objects and systems, the Contractor shall notify the Environmental Consultant and the Owners Representative within twenty-four (24) hours, in advance, that the Work Area.is ready for Pre-final Review. 9. Upon notification, the Environmental Consultant and the Owners Representative will review the Work Area. Improper application of the replacement materials, unapproved damage to the facility or Its contents or Improper reestablishment of objects and systems shall be itemized on a Punch List for correction by the Contractor at his expense. If no deficiencies are discovered the Contract or this portion of the Contract shall be approved in writing by the Environmental Consultant as complete. If deficiencies are noted continue with the subsequent procedures. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the Owner's Representative Substantially Complete. 10. Upon correction of Punch List deficiencies the Contractor shall notify the Environmental Consultant and Owners Representative In advance that the Work Area is ready for Final Review. 11. Upon notification, the Environmental Consultant and the Owners Representative will review the corrected Punch List deficiencies. If all deficiencies have been corrected. the Contract or this portion of the Contract. shall be approved in writing by the Environmental Consultant as complete. If deficiencies have not been properly corrected,.the Contractor shall repeat. at his expense. procedures 10 and 11 until all deficiencies have been corrected and approved. NOTE: If deficiencies noted do not prevent the Owner from occupancy or proceeding with reconstruction work, the Contract or this portion of the Contract shall be specified in writing by the Environmental Consultant and the owners Representative Substantially Complete. 4.7 DISPOSAL OF ASBESTOS WASTE A. Asbestos waste materials shall be packed into approved labeled protective packaging. The Contractor shall be responsible for proper labeling, handling and disposal of the waste at an Owner-approved facility in accordance with EPA guidelines. ASBESTOS ABATEMENT PAr.P dd B. Hazardous Waste Transportation: Contractor shall submit to the Owner, for approval, the name, address, telephone number and the EPA I.D. number of the waste transporter to be utilized for this project. C. Waste Disposal Facility: Contractor shall submit to the Owner, for approval, the name, class, address, telephone number and the EPA I.Q. number of the waste disposal facility to be utilized for this project. D. Contractor shall notify the Owner at least 72 hours in advance of the time when contaminated waste is to be removed from the site. E. Contractor shall hold the Owner and the Environmental Consultant harmless for claims, damages, losses, and expenses against the Owner, including attorney's fees arising from asbestos spills on the site or en route to the disposal site. 4.8 BUILDING CONTAMINATION A. If it is determined by visual identification or air samples that building contamination has occurred as a result of the negligence and/or poor work practices of the Contractor, the Contractor agrees to clean the affected premises at no charge to the Owner. The Contractor also agrees to accept all liability for damages claimed or lawsuits brought by person(s) exposed to such contamination. B. The Contractor shall be responsible for all costs incurred by the Owner and Consultant should other portions of the building become contaminated with Asbestos as a result of the Contractors poor work practices or other activities. 4.9 AIR MONITORING AND TESTING A. Area Air Monitoring: 1. Throughout removal, encapsulation, and cleaning operations, Area Air Monitoring shall be conducted by the Environmental Consultant to ensure that the Contractor's engineering controls and work practices are minimizing worker and public exposures to airborne asbestos fibers, in accordance with applicable codes, regulations and ordinances. Fiber counting shall be done by the PCM Method No. 7400 established by NIOSH, with the following as minimum samplings recommended by the EPA: 2. The Consultant shall report the Area Air Monitoring results to the Contractor on the following day If Area Air Monitoring results are unsatisfactory; the Contractor shall make changes in his ASBESTOS ABATEMENT PDO.F d5 engineering controls and work practices to assure compliance with the following standards. Unsatisfactory results are fiber counts within the Work Area in excess of the Maximum Acceptable Level (0.1 fibers/cc) or fiber counts outside the Work Area in excess of the Benchmark. B. Personal Air Monitoring: 1. Initial and periodic eight (8) hour TWA and thirty (30) minute excursion limit air monitoring of Worker exposures to airborne concentrations of Asbestos fibers shall be in accordance with OSHA (CFR 1926.58),requirernents. 2. Once OSHA sampling requirements are satisfied the Contractor shall conduct, as a requirement of this Contract, not less than one (1) personal air sample, twice per calendar week, to determine 8- hour time-weighted average (TWA) exposures and thirty (30) minute Excursion Limit exposures of workers operating in each Work Area. Samples shall be collected within the Workers' breathing zones. Samples shall be taken for each ten (10) workers from the time preparation work is started until the Work Area has passed Clearance Testing. NOTE: Contract required personal sampling is not necessary while the Contractor is conducting OSHA - required sampling or when Type C Respirators are in use. 3. The Contractor must report Personal Monitoring results to the Environmental Consultant within 48 hours from the end of the work shift. Worker exposures to airborne Asbestos concentrations shall not exceed the Permissible Exposure Limit (PEL) of. a-hour time- weighted average (TWA} of 0.1 fibers (longer than 5 micrometers) per cubic centimeter of air, or the 1f/cc 30 minute period Excursion Limit. C. Clearance Testing: 1. Contained Work Areas: The Contractor should not be released until final inspection and air testing are performed by the Consultant using AHERA protocol ("Aggressive Sampling"). 2. Isolated and Nonprepared Work Area: The Consultant shall take a minimum of one (1) non-aggressive air sample of 1,000 liters, upon completion of each Work Area. The "Clearance" samplenwill be analyzed by PCM Method No. 7400 and determined "clean before removal of isolation material from the Work Area. • ASBESTOS ABATEMENT PAGE 46 a. If the tests show that the Work Area has not been decontaminated, the Contractor shall repeat the cleaning and/or encapsulation application until the Work Area is in compliance. For the purpose of this Project, decontamination for clearance testing by PCM Method No. 7400 shall be defined as air samples showing less than 0.01 fibers/cc. If the tests show that the Work Area has not been decontaminated, the Contractor shall repeat the cleaning and/or encapsulation application until the Work Area is in compliance. 3. Clearance criteria for Transmission Electron Microscopy (TEM) Analysis Method: Less than or equal to 70 structures per square millimeter (mm2). 4. Clearance criteria for Phase Contrast Microscopy (PCM) Analysis Method: Less than or equal to 0.01 fibers per cubic centimeter (f/cc). NOTE: In The event that Clearance Testing by the Environmental Consultant fails to meet the Clearance Criteria set forth in these Specifications (i.e., not pass), the Contractor shall be responsible for all additional time, additional tests and project related expenses incurred by the Owner and Environmental Consultant and his Consultants. 4.10 STOPPING THE WORK A. If, at any time, the Environmental Consultant decides that Work Practices are violating pertinent regulations, these Specifications or, in his opinion, endangering Workers or the public, he/she will immediately notify the Contractor (followed up in writing) that operations shall cease until corrective action is taken. and the Contractor shall take such corrective action before proceeding with the Work. Loss or Damages due to a Stop Work Order shall be borne by the Contractor. 4.11 REPAIR AND PAINTING A. Contractor shall leave all finished surfaces and other items in Work Areas in the condition in which they were prior to the commencement of the Project. Damage to finishes and other items as the result of Work under this Contract shall be repaired or replaced, painted or cleaned to the satisfaction of the Owner's Representative. Delays due to repair Work are not cause for extension of the deadline for the completion of the Project. Painting shall be in accordance with the requirements set forth by the Project Manual. Repairs shall be in accordance with standard ASBESTOS ABATEMENT PAGE 47 construction methods for the item(s) in need of repair. Submit for approval all repair materials and methods. All costs for cleaning, painting, and repair as the result of the Contractor's or his Subcontractors' activities shall be borne by the Contractor. END OF SECTION ASBESTOS ABATEMENT PAGE 48 • p ISSUE DATE(MM/DD/YY) ........................................................ .. 5 03 2002 THIS CERTIFICATE IS ISSUED AS A MATTER PR......... OF INFORMATION�NLY AND ...................................................................................................................... PRODUCER O CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Commercial Carriers Ins. Agcy. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 12641 E. 166th Street POLICIES BELOW. P.O. Box 3190 COMPANIES AFFORDING COVERAGE Cerritos, CA 90703-3190 CA Lic .#0567750 COMPANY A LETTER RANGER INSiJRANCE COMPANY Phone: (562) 4044904_ SLS COMPANY P INSURED LETTER INTERIOR DEMOLITION, INC. COMPANY r 6708 FOOTHILL BLVD LETTER l• _ ,,,p c SUITE 106 COMPANY TUJUNGA, CA 91042 LETTER lJ MAY p 7 2002 COMPANY L' LETTER J THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED •O i THE INSURED,NAIvIET5rQB0.\;E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXPENSE(Any one person) $ AUTOMOBILE LIABILITI' COMBINED SINGLE ANY AUTO LIMIT 1, 000, 000 ALL OWNED AUTOS BODILY INJURY A`X SCHEDULED AUTOS TCF 0114 9 0 9 6/04/01 6/04/02 (Per Person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per Accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION I STATUTORY LIMITS EACH ACCIDENT I$ AND DISEASE-POLICY LIMIT S EMPLOYER'S LIABILITY DISEASE-EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JOB ADDRESS : 355 CAMPUS DRIVE PROJECT #2855032 DEMOLITION AND ASBESTOS ABATEMENT. THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS EMPLOYEES, AGENTS AND VOLUNTEERS SHALL BE COVERED AS ADDITIONAL INSUREDS WITH RESPECT TO THE OWNERSHIP. OPERATTON. F T1' TRNANCE. USE. T,OAT)TNG OR, (SEE ATTAP3J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Attn: TIM KELLEHER MAIL 3 QUAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF ARCADIA BUT FAILURETO MAILSUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITlOF ANY 240 W. HUNTINGTON KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. ARCADIA, CA 91007 AUTHORIZED REPRESENTATIVE Q � IL Fax. 818-352-9104 (y NMR �`�" ACORD 25-S(7/90) ACORD CORPORATION 1990< UNLOADING OF ANY AUTO OWNED, LEASED, HIRED OR BORROWED BY THE CONTRACTOR OR FOR WHICH THE CONTRACTOR IS RESPONSIBLE: AND (2) THE INSURANCE COVERAGE SHALL BE PRIMARY INSURANCE AS RESPECTS THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS EMPLOYEES, AGENTS AND VOLUNTEERS, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE CONTRACTOR'S SCHEDULED UNDERLYING COVERAGE. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS SHALL BE EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT IN ANY WAY. F 7,`1GER INSURANCE COMPA ADDITIONAL INSURED ENDORSEMENT This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy). Endorsement Effective Date 4/24/02 Named Insured Policy Number To: (INTERIOR DEMOLITION, INC. ' TCF0114909 6708 FOOTHILL BLVD SUITE 106 Policy Effective Date TUJUNGA, CA 91042 6/04/01 Policy Expiration Date 6/04/02 ti f o /�L�".(tl ( Countersigned by �""�`" (Authorized Representative) It is agreed that: The "Persons Insured" provision is amended to include as an ADDITIONAL INSUREDthe person or organization named below, but solely with respect to liability arising out of operations performed for such ADDITIONAL INSURED by or on behalf of the NAMED INSURED. Name of Person or Organization(Additional Insured) (1) THE CITY, us DIREZIORS, OFFICALS, OFFICERS, EMPU 'n.EES, KEN]IS AND.UTAVIEERS SHALL BE (tJ ERED AS ADDIE1CNAL INSUREDS WITH RESPECC TO THE CLI\ERSHIP, OPERATICN, MAINTENANCE, USE, LCIADING OR UNLGADING OF ANY AUTO Cam, LEASED, HIRED, CR MID BY THE GCNIRACIOR OR FOR WI(h THE ODNIRACICR IS RES I : AND (2) THE IN3JRAN E ONERACE SHALL BE PRIMARY BELRANCE AS RESPE S THE CITY, 115 DIRE I"b,.OFFICIALS, OFFICERS, EMPLOYEES, AffiNIS AND\UJ UTIEERS, OR IF EXCESS, SHALL STAN) IN AN MERCKEN CHAIN OF comavGE EXCESS C)F'THE OCNERACICRIS SCHEDULED UNDFRLY1N COVERCE. ANY INSURANCE OR SELF-I JRANCE MAINTAINED BY THE CITY, 115 DIRDETORS, OFFICIALS, OEI"i(E S, EMROYEES, AGENTS AND WIENIEERS SHALL FE EXCESS OF THE OCN RACICR'S IIISLRANCE AND SHALL NJT BE CALLED UFCN TO OCNTRIEUIE WrI}I TI' IN ANY WAY. _ CANCELLATION:Should the above described policy be cancelled before the expiration date thereof, the issuing Company will endeavor to mail 30 days written notice, except for Non-Payment of Premium and then 10 days will be given, to the above named ADDITIONAL INSUREDbut failure to mail such notice shall impose no obligation or liability of any kind upon the company. Nothing in this endorsement shall be held to vary, alter, waive or extend- any of the terms, conditions, agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement. CCIA-01 -CC7430.IFD(12/98) NMR2002050314193561 , , ACORD M CERTIFICA OF LIABILITY INSU NCE DATE 4/23/2002 PRODUCER (626)584-3040 FAX (626)795-4881 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hayward Tilton & Rol app ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR License #0614365 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 25529 Anaheim, CA 92825-5529 INSURERS AFFORDING COVERAGE INSURED INSURER A: Royal Surplus Lines Ins Co Interior Demolition Inc. INSURER B: Attn: Maria Molina INSURER C: 6708 Foothill Blvd, Ste. 106 INSURER D: Tujlunga, CA 91042 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY KZB518971 12/23/2001 12/23/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 A X BI/PD DED $2500 PERSONAL&ADVINJURY $ 1,000,000 Per Claim GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 7 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 7 OCCUR j CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: 355 Campus Drive Project #: 2855032 Demolition & Asbestos Abatement Additional Endorsement CG2010 Attached with respects to General Liability. • **10 Day Cancellation Notice Issued for Non-Payment of Premium.** CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Arcadia 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Tim Kell ener BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 240 West Huntington OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Arcadia, CA 91007 AUTHORIZED REPRESENTAT E ACORD 25-S(7/97) ©ACORD CORPORATION 1988 r Policy Number: KZB518971 COMMERCIAL GENERAL LIABILITY Named Insured: Interior Demolition Inc. CG 20 10 03 99 A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Arcadia,its directors,officials,officers,employees,agents,and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of your ongoing operations performed for that insured. Such insurance as is afforded by this endorsement for the Additional Insureds, shown in the schedule, shall apply as primary insurance. Any other insurance maintained by the Additional Insured(s)or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement,except in the event of sole or contributory negligence on the part of the Additional Insureds. CG 20 10 03 99 a Copyright,Insurance Services Office,Inc., 1996 Page 1 of 1 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE APRIL 29, 2002 POLICY NUMBER: 1672409 — 02 • CERTIFICATE EXPIRES: 6-4-02 P CITY OF ARCCADIA ATTN TIM KELLENER 240 W HUNGTINGTON ARCADIA CA 91007 JOB: 355 CAMPUS DR PROJECT #2855032 L_ This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon>tt n days'advance written notice to the employer. 30 We will also give yoixT*N days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04/29/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF ARCADIA ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 01/01/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER • P INTERIOR DEMOLITION INC 6708 FOOTHILL BLVD STE 106 TUJUNGA CA 91042 )1274 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF10262(REEV.5-01) P$EMIUM BASED ON FINAL C�'"-'RACT PRICE F' ~ i Number: 3SM046 395 00 • i,__ _iium: $ 140.00 E=XHIBIT"C" • PERFORMANCE BOND WHEREAS the CITY OF ARCADIA (also herein "Obligee") has awarded to Interior_ Demolition (hereinafter"Contractor"), a contract for work consisting of but not limited to, furnishing ail labor, materials, tools, equipment, services, and incidentals for the Asbestos • Abatement of the City of Arcadia Old Historical Museum Building Project and all other required structures and facilities within the rights-of-way, easements and permits; • WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated April 12th, 2002 (hereinafter the"Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract Ov.:: .:: perform,the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW,THEREFORE,we Int i r Demolition -: the undersigned Contractor, as Principal, and AMERICAN MOTORISTS corporation organized and existing under the . laws of the State of ...': .; Illinois . and duly authorized to transact business under the laws of i the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum Seven Thousand_and No/100 the, dollars,`;; $7,000.09 said sum being not less than 100% of the total amount . payable by the said Obligee under the terms of the said Public Work Contract, for which- . `payment well and truly to be made, we bind ourselves, our heirs, executors and` . :. administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal. his or its heirs, executors,administrators,successors or assigns, shall in all things stand. to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner • therein specified, and in all respects according to their intent and meaning; and shall • faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee. Its officers and agents, as stipuiatted in the said Public Work Contract,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court costs, necessary disbursements, end other damages, • semR Foml Construction Cate tot Pap 24 • • 8 L0/1700 'd L l lZ (031)Z00Z-dZ- • In case legal action is required to enforce the provisions of this bond, the • prevailing party shell be entitled to recover reasonable attorrtaye' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surely, for Value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of.the Public Work Contract or to the Work to be performed there under, or the specifications accompanying the same shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. • IN WITNESS WHEREOF, we have hereto set our hands and seals this _ 2 rh day of April ,2002, • • Interior Demolition principal/Contractor , • P resi a t. AMERICAN' •TORISTS "INSURAN OMPANY:,.: Surety , Atto" -1n-Fact, .'George unana Y • The rate of premium on this bond Is$20 per thousand,'' The total amount of premium charged, 8 (The above must be filled In by corporate surety.) • • • • • Short Foim Conrtracclon Crntrade p,t&as • • • 61.0/930 'd 8 L: LZ (031U)Z00Z-17Z-add:; • • ✓2...s'...er...—.. ..a. t...Y_wx....W✓...Y'1..eu...�_Cu! ....:.i lv.C<.•... .✓-..�✓y;:a•Y.^asl{.MYrv::J:Y1.i ... i.-. ...�,Y i. State of California County of Los Angeles On J R 2 5 D.1.2 C. Clarkson Notary Public NAME TITLE OF OFFICER personally appeared George Munana NAME OF SIGNER • Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their C.c®so signature(s) on the instrument the person(s), or the 4, '• COMM.#1336569 m entity upon behalf of which the person(s) acted, e 1:: Notary Publie-California fA , •. , LOS ANGELES COUNTY -a executed the instrument. `;n,;;,: My Comm.Exp.Jan 10,2006 WITNESS my hand and official seal. J Aft. (S :i ATURE OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER • DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) — —American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates Bond Nr—per: 3SM 046 395 00 I . { EXHIBIT"D" • PAYMENT(MATERIAL& LABOR) BOND • WHEREAS the CITY OF ARCADIA (hereinafter "Obligee") has awarded to • Interior Demolition (hereinafter"Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Asbestos • . Abatement of the City of Arcadia Old Historical Museum Building Project and all • other required structures and facilities within the rights-of-way, easements and permits; • • WHEREAS, the Work to be performed by the Contractor Is more particularly set forth In that certain contract for the said Public Work dated • • April 12th, 2002 , (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor Is required to furnish a bond In Connection with said Public Work Contract providing that if said Contractor or any of his or.Its subcontractors shall fall to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or.for.;T; :: :;;; any work or labor done thereon of any kind, or for amounts due under the provisions of • 3248 of the California Civil Code,with respect to such work or labor, that the Surety on . , this bond will pay the same together with a reasonable attorney's fee in case suit is _<' ;.` brought on the bond. NOW, THEREFORE, we Interior Demolition _ , the undersigned Contractor, as..a<. .; ',: . ....: .. Principal and AMERICAN i•• .„r ,� e corporation organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF_;<;";:: ARCADIA and to any and all material men. persons,companies or oorporations furnish= ing materials,provisions,and other supplies used in, upon,for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring -: teams, or implements or machinery, for or contributing to said Public Work to be dons, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of Seven Thousand and No/IOQrlR .. dollars $ 7.014.41.E _--1 said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally,firmly by these presents. • THE CONDITION OF THiS OBLIGATION IS SUCH that If the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used In, upon, for or about the performance of the Work contracted to be done, or for work or labor . thereon of any kind, or fall to pay any of the persons named in California Civil Code Short Fnni Construction Contact Pop 38 • 8 leis 'd 81: 2 (03M)i -dz=ad+d r c_. Section 3181, or amounts due under the Unemployment insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from m the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. • • in case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' foes in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove,it is agreed that this bond will inure to the benefit of any and . • all persons, companies and corporations entitled to make claims under Sections 3110, . 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The sold Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work, Contractor to the Work to es performed there under or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby:waive notice of any such change, extension of time, alteration or addition to the terms of the : Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 25th day of April : ,.2002, Interior Demolition Principal/Contract r By: pray nt . AMERICAN MO ► ::.�_ iNPANY Surety By Attorney-in-P-'at _ George Munana _ Short Pornt Constructive Contract . . . Page 29 81.0/L00 'd 8 l: l3 (03.0 3003-P -ilea CALIFO]IIaA}AL "PC1RPOb�-�iCIKNOWLED�MEIym n ...,.:a:;.x• -a..u..•-...r.....wu...>.,i. n....ru.•.� ...,...u.t,. r.:,..:•.R^,.._u:_susv .:...,v:v..W..t.c. •.Sa �d ...r,..• :.....,, ., <. e, ....>... a•.�n._ -.... .,._R .>.. .<.. State of California County of Los Angeles On APR =5 �0 C. Clarkson Notary Public NAME TITLE OF OFFICER personally appeared George Munana NAME OF SIGNER Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their c.cLARKSON authorized capacity(ies), and that by his/her/their ° Cry Public-California i asss m signature(s) on the instrument the person(s), or the v) •'_. _.:�,"��: Notary � lI \ )r w ► LOS ANGELES COUNTY = entity upon behalf of which the person(s) acted, my Comm Exp.Jan 10 nos executed the instrument. WITNESS my hand and official seal. ctr516) I NATURE OF NOTARY) OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) El LIMITED n GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual. Casualty.Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Michael E Cundiff , George Munana Raymond E Gail , David Z. Noddle , Susan E Morales , Christina A. Clarkson and KeAna D. Conrad of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: - Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company,may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) . Page-1 of 2 Printed in U.S.A. i In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this December 214 2001. -. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company °'I 1111 x11'1 S '3`CORPORATE 4u `PAN ILLINOIS E E M"'"°"*" 3 A CWIONATI" LlYIU UU i SEAL Tom•md'°. ��L'�Nwr "tea iO°a c'^/ oh i K. Conway, Corpor a Secretary Gary J. ly,inior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior.Vice President, and Corporate Secretary-of the Lumbermens Mutual Caffalty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. ' "OFFICIAL SEAL" a/Aa' .,Q. ornf/2A MARIA I.OMORI NOTARY PIBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRFS9/T7 zoos Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION - • I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated December 21, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of AN 2 5 21 liY , 20 t111f1 r CORPORATE (GI) John •nway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. • RECORDING REQUESTED BZ CITY OF ARCADIA AND WHEN RECORDED MAIL TO rNAME JUNE D. ALFORD, CITY CLEik 02 1821092 CITY OF ARCADIA STREET ADDRESS 240 WEST HUNTINGTON DRIVE P:O. BOX 60021 CITY ARCADIA, CALIFORNIA STATE ZIP 91066-6021 L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Veratil/ ��Ow\��W \\��®Ai41�e��A� AVOW/�Irla\VANfiegW/®/O/a/Tn1��e��®��v��o®/MI∎N∎'W AN% VW%��1�A VAW11//0) - NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF ARCADIA 3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA, CALIFORNIA 91007 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee,strike in fee'and insert,for example,'purchaser under contract of purchase;or'Lessee') The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on JULY 2, 2002 .The work done was: ASBESTOS ABATEMENT AND DEMOLITION OF THE ARCADIA OLD HISTORICAL MUSEUM BUILDING 8. The names of the contractor, if any, for such work of improvement was INTERIOR DEMOLITION, INC. MAY 7, 2002 (If no contractor for work of improvement as a whole,insert'None') (Date of Contract) 9. The property on which said work of improvement was completed is in the City of ARCADIA County of LOS ANGELES , State of CA , and is described as follows: TRACT 939 PART OF LOT 3 10. The street address of said property is 365 CAMPUS DRIVE, ARCADIA, CALIFORNIA 91007 (If no street address has been officially assigned,insert'none'.( Dated JULY 3, 2002 (Signature of Owner or corporate officer of Owner named in paragraph 2,or his agent) WILLIAM R. KELLY, CITY MANAGER VERIFICATION I,the undersigned, say: I am the THE ARCADIA CITY CLERK the declarant of the foregoing Notice of Completion; (President of,Manager of,Partner of,Owner of,etc.) I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. - Executed on JULY 3 ,200 2it ARCADIA. , CALIFORNIA . • (P i ature t idual .�7 w the contents of the Notice of Completion are true) Before you use this form,fill in all blanks,and make whatever changes are appropnate and necessary to your particular transaction.Consult a lawyer II IIIIIIII I I II 1111111 WOLCOTTS FORM 1114-(Price class 3B) if you doubt the form's fitness for your purpose and use.Wolcotts makes NOTICE OF COMPLETION-Rev.7-99 no representation or warranty, express or implied,with respect to the 01999 WOLCOTTS FORMS,INC. merchantability or fitness of this form for an intended use or purpose. 7 67775 39114 5 02 1821092 DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of... improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is_designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be'stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g. on so-called "owner-builder jobs." In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance._ If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. • • • 1 111111 I IIII HIll I1111III IIIUIII IIIE LEAD .SHEET 02 1821(192 RECORD (WILED IN OFFICIAL RECORDERS OFFICE RECEIVED F LOS ANGELES COUNTY CALFORN1A SEP 12 2002 3:01 PM AUG 02 2002 CITY OF ARCADIA - CITY CLERK SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) . FEE D.T.T. FREE 1__C CODE 20 CODE 19 CODE 9 • Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown I i THIS FORM IS NOT TO BE DUPLICATED • - • • • • •• •• .• ,• •rr . • . . • • I r . . •-. , „ • • •