CONTRACT D
OCUMENTS
FOR
2600 MORAGA ROAD
ABATEMENT & DEMOLITION PROJECT
CIP PROJ
ECT NO. 0501
Bid Opening at City Hall Date: July 25, 2023
Bid Opening Time: 2:00 PM
Location of Bid Submittal: City Hall
City Cle
rk
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Pre-Bid Conference Date: July 13, 2023 2600 Moraga Rd, 11 AM Approved By:
_____________
_
Date
_______________________
Matthew A. Brown, P.E.
Acting Public Works Director/
Senior Engineer
July 2022
LOCATION MAP
City of San Pablo
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Note:
Dimensions and scale are drawn from using Google
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magnitude reference. City of San Pablo is not
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scale in this drawing.
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TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................... i Notice Inviting Bids ....................................................................................................................... 1 Instructions to Bidders ................................................................................................................. 4 Bid Proposal ................................................................................................................................. 11 Bid Schedule ................................................................................................................................ 14 Subcontractor List ....................................................................................................................... 17 Non-collusion Declaration .......................................................................................................... 19 Bid Bond ....................................................................................................................................... 20 Bidder’s Questionnaire ............................................................................................................... 22 Contract ........................................................................................................................................ 25 Payment Bond .............................................................................................................................. 29 Performance Bond ...................................................................................................................... 31 Section A - General Conditions ................................................................................................ 33 Article 1 - Definitions ................................................................................................................... 33 Article 2 - Roles and Responsibilities ....................................................................................... 36
2.1 City ................................................................................................................................ 36
2.2 Contractor ...................................................................................................................... 36
2.3 Subcontractors .............................................................................................................. 39
2.4 Coordination of Work ..................................................................................................... 39
2.5 Submittals ...................................................................................................................... 40
2.6 Shop Drawings .............................................................................................................. 41 Article 3 - Contract Documents .................................................................................................. 41
3.1 Interpretation of Contract Documents ........................................................................... 41
3.2 Order of Precedence ..................................................................................................... 42
3.3 Caltrans Standard Specifications .................................................................................. 43
3.4 For Reference Only ....................................................................................................... 43
3.5 Current Versions ........................................................................................................... 44
3.6 Conformed Copies ........................................................................................................ 44 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 44
4.1 Payment and Performance Bonds ................................................................................ 44
4.2 Indemnity ....................................................................................................................... 44
4.3 Insurance ....................................................................................................................... 45 Article 5 - Contract Time ............................................................................................................. 47
5.1 Time is of the Essence .................................................................................................. 47
5.2 Schedule Requirements ................................................................................................ 47
5.3 Delay and Extensions of Contract Time ........................................................................ 49
5.4 Liquidated Damages ..................................................................................................... 52 Article 6 - Contract Modification ................................................................................................ 53
6.1 Contract Modification. .................................................................................................... 53
6.2 Contractor Change Order Requests ............................................................................. 54
6.3 Adjustments to Contract Price ....................................................................................... 55
6.4 Unilateral Change Order ............................................................................................... 56
6.5 Non-Compliance Deemed Waiver ................................................................................. 56 Article 7 - General Construction Provisions ............................................................................. 56
7.1 Permits, Fees, Business License, and Taxes ............................................................... 56
7.2 Temporary Facilities ...................................................................................................... 56
7.3 Noninterference and Site Management ........................................................................ 57
7.4 Signs .............................................................................................................................. 57
7.5 Project Site and Nearby Property Protections............................................................... 57
7.6 Materials and Equipment ............................................................................................... 59
7.7 Substitutions .................................................................................................................. 60
7.8 Testing and Inspection .................................................................................................. 60 July 2022
ii
7.9 Project Site Conditions and Maintenance ..................................................................... 61
7.10 Instructions and Manuals .............................................................................................. 63
7.11 As-built Drawings .......................................................................................................... 63
7.12 Existing Utilities ............................................................................................................. 63
7.13 Notice of Excavation ...................................................................................................... 64
7.14 Trenching and Excavations of Four Feet or More ......................................................... 64
7.15 Trenching of Five Feet or More ..................................................................................... 65
7.16 New Utility Connections ................................................................................................ 65
7.17 Lines and Grades. ......................................................................................................... 65
7.18 Historic or Archeological Items ...................................................................................... 65
7.19 Environmental Control ................................................................................................... 66
7.20 Noise Control. ................................................................................................................ 66
7.21 Mined Materials. ............................................................................................................ 66 Article 8 - Payment ...................................................................................................................... 67
8.1 Schedule of Values ....................................................................................................... 67
8.2 Progress Payments ....................................................................................................... 67
8.3 Adjustment to Payment Application .............................................................................. 67
8.4 Early Occupancy. .......................................................................................................... 68
8.5 Retention ....................................................................................................................... 68
8.6 Payment to Subcontractors and Suppliers .................................................................... 69
8.7 Final Payment ............................................................................................................... 70
8.8 Release of Claims ......................................................................................................... 70
8.9 Warranty of Title ............................................................................................................ 70 Article 9 - Labor Provisions ........................................................................................................ 70
9.1 Discrimination Prohibited ............................................................................................... 70
9.2 Labor Code Requirements ............................................................................................ 70
9.3 Prevailing Wages .......................................................................................................... 71
9.4 Payroll Records ............................................................................................................. 71
9.5 Labor Compliance ......................................................................................................... 72 Article 10 - Safety Provisions ..................................................................................................... 72
10.1 Safety Precautions and Programs ................................................................................ 72
10.2 Hazardous Materials ..................................................................................................... 72
10.3 Material Safety .............................................................................................................. 72
10.4 Hazardous Condition ..................................................................................................... 73
10.5 Emergencies ................................................................................................................. 73 Article 11 - Completion and Warranty Provisions .................................................................... 73
11.1 Final Completion ........................................................................................................... 73
11.2 Warranty ........................................................................................................................ 74
11.3 Use Prior to Final Completion ....................................................................................... 75
11.4 Substantial Completion ................................................................................................. 75 Article 12 - Dispute Resolution .................................................................................................. 76
12.1 Claims............................................................................................................................ 76
12.2 Claims Submission ........................................................................................................ 76
12.3 City’s Response ............................................................................................................ 78
12.4 Meet and Confer. ........................................................................................................... 78
12.5 Mediation and Government Code Claims ..................................................................... 79
12.6 Tort Claims .................................................................................................................... 79
12.7 Arbitration ...................................................................................................................... 79
12.8 Burden of Proof and Limitations .................................................................................... 80
12.9 Legal Proceedings ......................................................................................................... 80
12.10 Other Disputes .............................................................................................................. 80 Article 13 - Suspension and Termination .................................................................................. 80
13.1 Suspension for Cause ................................................................................................... 80
13.2 Suspension for Convenience ........................................................................................ 80
13.3 Termination for Default .................................................................................................. 81
13.4 Termination for Convenience ........................................................................................ 82 July 2022
iii
13.5 Actions Upon Termination for Default or Convenience ................................................. 82 Article 14 - Miscellaneous Provisions ....................................................................................... 83
14.1 Assignment of Unfair Business Practice Claims ........................................................... 83
14.2 Provisions Deemed Inserted ......................................................................................... 84
14.3 Waiver ........................................................................................................................... 84
14.4 Titles, Headings, and Groupings ................................................................................... 84
14.5 Statutory and Regulatory References ........................................................................... 84
14.6 Survival. ......................................................................................................................... 84 Section B - Special Conditions ................................................................................................ 85 Section C - Technical Specifications and Project Plans ....................................................... 89 Attachment A – Construction Waste Management Form ........................................................ 90 Attachment B – State Wage Rate ............................................................................................... 92 Attachment C – Change Order Form ......................................................................................... 95 Attachment D – Asbestos Results List ..................................................................................... 97 Attachment E – Lead Results List.............................................................................................. 99 Attachment F – Notices ............................................................................................................. 101 Attachment G – Site Photos..................................................................................................... 102
2600 Moraga Road Abatement & 2022 Form NOTICE INVITING BIDS Demolition Project Page 1
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Notice Inviting Bids
1. Bid Submission. The City of San Pablo (“City”), will accept sealed bids for its 2600 Moraga Road Abatement
& Demolition Project (“Project”), by or before July 25, 2023, at 2:00 p.m., at the City Clerk’s office, located at San Pablo City Hall, 1000 Gateway Avenue, San Pablo, California, 94806 at which time the bids will be publicly opened and read aloud.
2. Project Information.
2.1 2.2
2.3 2.4
Location and Description. The Project is located at 2600 Moraga Road, San Pablo, CA 94806, and is described as follows: mobilizing equipment and personnel, clearing and grubbing all rubbish and debris in the work area, removal and disposal of lead, asbestos and PCB containing materials from the existing structure, transport and legal disposal of all rubbish and debris to an appropriate dump site, demolition of existing above-ground structures building foundations to 3 foot perimeter around the structrure and no more than 36" below existing grade, capping and mapping of cut utility lines, filling all ground surface voids and grade site to produce uniform surface for temporary use. The bidder shall include in his bid and provide all labor, tools and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein.
Time for Completion. The Project must be completed within 40 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about September 2023, but the anticipated start date is provided solely for convenience and is neither certain nor binding.
Site Visit. A site visit will be held on July 13, 2023 at 11:00 a.m., at the following location: 2600 Moraga Road to acquaint all prospective bidders with the Contract Documents and the Worksite. The site visit is not mandatory. A bidder who fails to attend a mandatory bidders’ conference may not be disqualified from bidding.
Estimated Cost. The estimated construction cost is $1,450,000.
2.5. Retention Percentage. The percentage of retention t hat will be withhel d f rom progress payments is 5%.
3. Licens
e and Registration Requirements.
3.1 3.2
License. This Project requires a valid C alifornia contractor’s licens e for the following classification(s): A or B with subcontractor with HAZ and ASB certification, C-21, C-22 and Cal/OSHA certification.
DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
4. Contra
ct Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) may be obtained from PlanetBids in the City’s website at https://www.sanpabloca.gov/bids.aspx. All bidders may download a complete set of Contract Documents from Planet Bids in order to be included on the planholder’s list and receive addenda notifications. It is the responsibility of each 2600 Moraga Road Abatement & 2022 Form NOTICE INVITING BIDS Demolition Project Page 2
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prospective bidder to confirm his/her firm is on the planholder’s list to ensure receipt of any subsequent communications, such as addenda.
5 . Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the m
aximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the B
id Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance c
ertificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6 . Prevailing Wage Requirements.
6. 1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.
6. 2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.
6. 3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4.
7 . Performance and Payment Bonds. The successful bidder will be required to provide per
formance and payment bonds, each for 100% of the Contract Price, as further specified i
n the Contract Documents.
8 . Substitution of Securities. Substitution of appropriate securities in lieu of retention am
ounts from progress payments is permitted under Public Contract Code § 22300. 9 . Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (
based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10 . Outreach to Local Businesses. At least 7 days prior to bid submission, bidder must contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 51 0 -215-3200) and provide notice and details regarding subcontracting opportunities. The EDC will notify local businesses of subcontracting oppo
rtunities, and provide technical assistance to local businesses during the s
ubcontracting bidding process.
1 1. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in A
rticle 1 of the General Conditions apply to all of the Contract Documents, as defined t
herein, including this Notice Inviting Bids.
2600 Moraga Road Abatement & 2022 Form NOTICE INVITING BIDS Demolition Project Page 3
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By: Dorothy Gantt, City Clerk Date: July 6, 2023
Publication Dates: 1) n/a 2) n/a
EN
D OF NOTICE INVITING BIDS
2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 4
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Instructions to Bidders
Eac
h Bid Proposal submitted to the City of San Pablo (“City”) for its 2600 Moraga Road Abatement & Demolition Project (“Project”) must be submitted in accordance with the following instructions and requirements:
1. Bi
d Submission.
1. 1 General. Each Bid Proposal must be signed, sealed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead.
1.2 B
id Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows:
BI
D PROPOSAL:
2600 Moraga Road Abatement & Demolition Project
Project No. 0501
City of San Pablo
1000 Gateway Avenue
San Pablo, California 94806
Attn: City Clerk
The
envelope must also be clearly labeled, as follows, with the bidder’s name, address, and its registration number with the California Department of Industrial Relations (“DIR”) for bidding on public works contracts (Labor Code §§ 1725.5 and 1771.1):
[C
ontractor company name]
[street address]
[city, state, zip code]
DIR Registration No: ______________
1.3 D
IR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).)
2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the B
id Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” 2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 5
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“will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by the following documents plus any other required enclosures as applicable:
•
Bid security, as set forth in Section 4 below;
• A completed Bid Schedule, using the form included with the Contract Documents; • A completed Subcontractor List, using the form included with the Contract Documents;
and
• A N
on-Collusion Declaration, using the form included with the Contract Documents.
3 . Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the par
tnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind t
he corporation to the terms of the Bid Proposal, under California Corporations Code § 313.
4. B
id Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check, made payable t
o the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. The bid security must guarantee t
hat, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and s
ubmit the enclosed Contract for the bid price; submit payment and performance bond
s for 100% of the maximum Contract Price; and submit the insurance certificates and endo
rsements and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. After 90 days and award of contract, all other bid proposals will be deemed withdrawn unless City determines otherwise.
5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Matt Brown, Senior Civil Engineer, at [email protected] . O ral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least six Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in r
esponse to a written inquiry will be issued in an addendum. 6 . Pre-Bid Investigation.
6. 1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City.
6. 2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, 2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 6
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omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than six Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City.
6. 3 Project Site. Soil and subsurface conditions vary widely throughout the City and may include groundwater just below grade, buried concrete foundations or structures, automotive parts, or industrial debris. Soil types may include bedrock, rock, gravel, clay, silt, sand, loan, hardpack, Bay mud or other soil types, which may occur in varying combinations and proportions. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.
6. 4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third-party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third-party utility owners about their requirements before submitting a Bid Proposal.
7. B
idders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for.
However, a person, firm, or corporation that has submitted a subcontract proposal or quote t
o a bidder may submit subcontract proposals or quotes to other bidders.
8. A
ddenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the r
ight to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check their email for notifications, addenda, or additional information from City or the City’s bid service pr
ovider.
9. B
rand Designations and “Or Equal” Substitutions. Any specification designating a m
aterial, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the pr
oposed substitute as an equal item must be submitted with the written request for substitution. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400
(c).
2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 7
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9 .1 Pre-Bid Requests. Any request for substitution made before the Contract is awarded must be submitted to the City Engineer at least ten days before the opening of bids so that all interested bidders may be notified of any approved alternative.
9 .2 Post-Award Requests. After the Contract is awarded, Contractor may submit a substitution request within 7 days after the date of award of the Contract, or as specified in the Special Conditions.
10. O
utreach to Local Businesses. At least 7 days prior to bid submission, bidder must contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) and provide notice and details regardin g
s
ubcontracting opportunities. The EDC will notify local businesses of subcontracting oppo
rtunities, and provide technical assistance to local businesses during the s
ubcontracting bidding process.
11. Bid Protest. Any bid protest against another bidder must be submitted in writing and r
eceived by the City Clerk’s office, 1000 Gateway Avenue, San Pablo, California 94806, Fax: 510-237-9604, or sent via email at [email protected] w ith copy t o [email protected] b efore 5:00 p.m , no later than three Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements:
1 1.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified.
For purposes of this Section 11, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b).
1 1.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 1 1.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email, fax, or hand delivery to ensure delivery before the Bid Protest Deadline. 1 1.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach 2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 8
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all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 11 .5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email, fax, or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.
11 .6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.
11 .7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.
12. R
eservation of Rights. City reserves the unfettered right, acting in its sole discretion, to w
aive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to per
form all or part of the Work with its own forces. The Contract will be awarded, if at all, within 90 calendar days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned s
tart date for the Project represents the City’s expectations at the time the Notice Inviting B
ids was first issued. City is not bound to issue a Notice to Proceed by or before such pl
anned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from t he
pr
esence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.
13. S
upplemental Information. In order to facilitate the City’s due diligence, after bids are open
ed, but before recommending that Council award the Contract, City may request additional information from one or more of the lowest bidders. Failure to timely comply with these requests may result in rejection of the bid as non-responsive.
13.1 B
idder’s Questionnaire. Within 48 hours following a request by City, a bidder must submit a completed, signed Bidder’s Questionnaire to the City using the form provided with the Contract Documents and including all required attachments. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.
13. 2 I nsurance and Bonding Capacity. Within 48 hours following a request by City, a bidder must submit letters from a surety licensed to do business in California and an insurance underwriter, both of which must have a financial rating of A-7 or better. These letters must confirm that the surety has agreed to provide bidder with 2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 9
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the performance and payment bonds required by the Contract, and that the insurer will provide bidder with the coverage required by the Contract. 14 . Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.
15 . License(s). The successful bidder and its Subcontractor(s) must possess the California c
ontractor’s license(s) in the classification(s) required by law to perform the Work. The s
uccessful bidder and its Subcontractors must also obtain a City business license before per
forming any Work on the Project.
16 . Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code § 1777.1 or 1777.7 is prohibited from performing work on t
he Project.
17. S
afety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707.
18. B
id Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal.
18. 1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq.
18. 2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price. However, items marked as “Final Pay” on the Bid Schedule will be compensated based solely on City’s estimated quantities, and payment will not be adjusted based on actual quantities, even if the actual quantities differ from City’s estimate on the Bid Schedule. Only changes in quantities of “Final Pay” items that are caused by or due to City-directed design changes will be measured and paid separately pursuant to a Change Order.
2600 Moraga Road Abatement & 2022 Form INSTRUCTIONS TO BIDDERS Demolition Project Page 10
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19. Subcontractor Work Limits. The prime contractor must perform at least 51% of the W
ork on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be dedu
cted from the base bid price before computing the <__>% self-performance r
equirement. The remaining Work may be performed by qualified Subcontractor(s). 20 . Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the method checked below will be us
ed to determine the lowest bid. If no method is checked, subparagraph (A) will be used t
o determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal. ___ (A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. _____
(B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price. _____
(C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by City before the first bid is opened. ____
_ (D) The lowest bid will be determined in a manner that prevents any information that would identify any of the bidders or the proposed subcontractors or suppliers from being r
evealed to City before the ranking of all bidders from lowest to highest has been det
ermined.
E
ND OF INSTRUCTIONS TO BIDDERS
2600 Moraga Road Abatement & 2022 Form BID PROPOSAL
Demolition Project Page 11
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Bid Proposal
2600 Moraga Road Abatement & Demolition Project
____
__________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of San Pablo (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.
1. B
ase Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in t
he Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”):
$___
______________________________________________________________________ 1 .1. Bid Alternates. Bidder submits the following prices for the specified bid alternates:
Alternate #1: Add Alternate Bid Schedule B
Ad
d: $____________________________________________________________
2. A
ddenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda i
ssued for this bid. Bidder waives any claims it might have against the City based on its failure to r
eceive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda:
A
ddendum: Date Received: Addendum: Date Received:
#01 _____________ #05 _____________
#02 _____________ #06 _____________
#03 _____________ #07 _____________
#04 _____________ #08 _____________
3. B
idder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following:
3 .1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104.
3 .2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the Project location.
3 .3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.
2600 Moraga Road Abatement & 2022 Form BID PROPOSAL
Demolition Project Page 12
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3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge.
3. 5 Outreach to Local Businesses. At least 7 days prior to bid submission, bidder contacted the San Pablo Economic Development Corporation (“EDC”) to provide notice and details regarding subcontracting opportunities.
3.6 N
ondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.
3.7 I
ran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
4. A
ward of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following:
4 .1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid P
roposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents;
4 .2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and
4 .3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents.
5. B
id Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bi
d amount in one of the following forms (check one):
____ A
cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $___
_________________________.
____ A bi
d bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in California.
T
his Bid Proposal is hereby submitted on _________________________, 20__. s
/ _______________________________ __________________________ Name and Title
2600 Moraga Road Abatement & 2022 Form BID PROPOSAL
Demolition Project Page 13
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s
/ _______________________________ __________________________ Name and Title
____
_____________________________ __________________________ Company Name License #, Expiration Date, and Classification ____
_______________________
DIR Registration #
____
_____________________________ __________________________ Address Phone
____
_____________________________ __________________________ City, State, Zip Fax
EN
D OF BID PROPOSAL
2600 Moraga Road Abatement & 2022 Form BID SCHEDULE
Demolition Project Page 14
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Bid Schedule
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
A
L = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) F = Final Pay
BID SCHEDULE A
BID
ITEM
NO.
ITEM DESCRIPTION EST. QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
1 Mo
bilization 1 LS $ $
2 S
torm Water Pollution
Prevention Plan (SWPPP)
1 LS $ $
3 C
learing and Grubbing 1 LS $ $
4 A
batement of Asbestos
Containing Materials (ACM)
and Asbestos Containing
Construction Materials (ACCM)
in Building Structure
1 LS $ $
5 A
batement of Lead Based
Coating (LBC) & Lead
Containing Coating (LCC) in
Building Structure
1 LS $ $
2600 Moraga Road Abatement & 2022 Form BID SCHEDULE
Demolition Project Page 15
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BID SCHEDULE A
BID
ITEM
NO.
ITEM DESCRIPTION EST. QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
6 Abatement of Other Hazardous
Materials
(PCB Containing Light Ballasts,
Universal Waste Lamp,
Mercury Switches, Smoke
Detectors, Mold Contaminated
Building Materials, Freon, and
Crystalline Silica)
1 LS $ $
7 A
dditional Abatement of
Unidentified ACM & ACCM –
Floor or wall tile
(C
ONTINGENT)
500 SF $ $
8 A
dditional Abatement of
Unidentified ACM & ACCM –
Insulation
(C
ONTINGENT)
500 SF $ $
9 A
dditional Abatement of
Unidentified LBC & LCC
(C
ONTINGENT)
500 SF $ $
10 Additional Abatement of Other
Hazardous Materials
(PCB Containing Light Ballasts,
Universal Waste Lamp,
Mercury Switches, Smoke
Detectors, Mold Contaminated
Building Materials, Freon, and
Crystalline Silica)
(C
ONTINGENT)
50 EA $ $
2600 Moraga Road Abatement & 2022 Form BID SCHEDULE
Demolition Project Page 16
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BID SCHEDULE A
BID
ITEM
NO.
ITEM DESCRIPTION EST. QTY. UNIT UNIT
COST
EXTENDED
TOTAL AMOUNT
11 Demolition of Above
Ground Building Structures
(to 3' beyond existing
footings)
1 LS $ $
TOTAL $ $
BID SCHEDULE B
12 Demolition of Concrete
Slabs and Foundations (no
more than 36" below existing
grade)
1 LS $ $
TOTAL $ $
TOTAL BASE BID: Items 1 through __11___ inclusive:
________
___________________________________________________________________ (IN WORDS)
Not
e: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.
BID
DER NAME: _________________________________________________________ END
OF BID SCHEDULE
2600 Moraga Road Abatement & 2022 Form SUBCONTRACTOR LIST Demolition Project Page 17
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Subcontractor List
F
or each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.
DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO. PERCENT
OF
WORK
1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more. 2600 Moraga Road Abatement & 2022 Form SUBCONTRACTOR LIST Demolition Project Page 18
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DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO. PERCENT
OF
WORK
E
ND OF SUBCONTRACTOR LIST
2600 Moraga Road Abatement & 2022 Form NONCOLLUSION DECLARATION Demolition Project Page 19
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Non-collusion Declaration
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
T
he undersigned declares:
I
am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid.
T
he bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose.
T
his declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.
I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s
/________________________________________
____
______________________________________
Name [print]
2 600 Moraga Road Abatement & Demolition Project
E
ND OF NONCOLLUSION DECLARATION
2600 Moraga Road Abatement & 2022 Form BID BOND
Demolition Project Page 20
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Bid Bond
________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to the City of San Pablo (“City”) for work on the 2600 Moraga Road Abatement & Demolition Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:
1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”);
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Potential Award.
3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _____________________________________________________ Address: _________________________________________________ City/State/Zip: _____________________________________________ Phone: ___________________________________________________ Fax: _____________________________________________________ Email: ___________________________________________________
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 90 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first.
Surety waives the provisions of Civil Code §§ 2819 and 2845.
[Signatures are on the following page.]
2600 Moraga Road Abatement & 2022 Form BID BOND
Demolition Project Page 21
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This Bid Bond is entered into and effective on ___________________, 20_____.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
END OF BID BOND
2600 Moraga Road Abatement & 2022 Form BIDDER’S QUESTIONNAIRE Demolition Project Page 22
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Bidder’s Questionnaire
2600 Moraga Road Abatement & Demolition Project
Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.
Part A: General Information
Bidder Business Name: _______________________________________________ (“Bidder”)
Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership
___ Sole Proprietorship
___ Joint Venture of: __________________________________ ___ Other: __________________________________________
Main Office Address and Phone: _____________________________________
_______________________________________________________________
Local Office Address and Phone: _____________________________________
_______________________________________________________________
Website address: __________________________________________________
Owner of Business: ________________________________________________
Contact Name and Title: ____________________________________________
Contact Phone and Email: ___________________________________________
Bidder’s California Contractor’s License Number(s): _______________________
Bidder’s DIR Registration Number: ____________________________________
Part B: Bidder Experience
1. How many years has Bidder been in business under its present business name? ____ years
2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No
2600 Moraga Road Abatement & 2022 Form BIDDER’S QUESTIONNAIRE Demolition Project Page 23
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3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or disbarred from bidding under state or federal law? _____ Yes _____ No
If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred.
4. Has Bidder ever had disciplinary proceeding(s) or investigation by the Contractors State License Board (CSLB)?
_____ Yes _____ No
5. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No
If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.
6. Has Bidder filed for bankruptcy within the past five years? _____ Yes _____ No
If yes, provide additional information on a separate sheet of paper regarding the date and circumstances.
7. Provide information about Bidder’s past projects performed as general contractor as follows:
7.1 Six most recently completed public works projects within the last three years;
7.2 Three largest completed projects within the last three years; and
7.3 Any project which is similar to this Project including scope and character of the work.
8. Use separate sheets to provide all of the following information for each project identified in response to the above three categories:
8.1 Project name, location, and description;
8.2 Owner (name, address, email, and phone number);
8.3 Prime contractor, if applicable (name, address, email, and phone number);
8.4 Architect or engineer (name, email, and phone number);
8.5 Project and/or construction manager (name, email, and phone number);
8.6 Scope of work performed (as general or as subcontractor);
8.7 Initial contract price and final contract price (including change orders);
8.8 Original scheduled completion date and actual date of completion;
8.9 Time extensions granted (number of days);
8.10 Number and amount of stop notices or mechanic’s liens filed;
8.11 Amount of any liquidated damages assessed against Bidder; and
8.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder.
2600 Moraga Road Abatement & 2022 Form BIDDER’S QUESTIONNAIRE Demolition Project Page 24
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Part C: Safety
1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years:
Year EMR
2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year:
2.1 Number of lost workday cases: ____
2.2 Number of medical treatment cases: ____
2.3 Number of deaths: ____
3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety?
_____ Yes _____ No
If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred.
4. Name, title, and email for person responsible for Bidder’s safety program:
_________________________________________ ______________________ Name Title Email
Part D: Verification
In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signature: ______________________________ Date: ________________
By: _______________________________________________________________ Name and Title
END OF BIDDER’S QUESTIONNAIRE
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 25
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Contract
This public works contract (“Contract”) is entered into by and between the City of San Pablo (“City”) and _______________________________________ (“Contractor”), for work on the 2600 Moraga Road Abatement & Demolition Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On <_____________, 20___>, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto as may be mutually revised;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 Attachment A – Construction Waste Management Form
2.14 The following:
__________________________________________________________________ __________________________________________________________________
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and in full compliance with Laws.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $_____________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project within 40 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 26
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6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 27
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City Contractor
Name City of San Pablo
Address 1000 Gateway Avenue
City/state/zip San Pablo, California 94806
Phone (510) 215-3060
Fax (510) 215-3013
Attn: City Clerk
Email [email protected]
Copy to: Matt Brown, Senior Civil Engineer
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Contra Costa County, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.
SPACE INTENTIONALLY LEFT BLANK
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The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
City of San Pablo
s/_______________________________ s/_________________________ Matt Rodriguez Teresa L. Stricker
City Manager City Attorney
Date: ___________________________ Date: ______________________
Attest:
s/_______________________________
Dorothy Gantt
City Clerk
Date: ____________________________
CONTRACTOR:
________________________________
s/_______________________________
Name/Title [print]
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
Name/Title [print]
Date: ____________________________
_________________________________
Contractor’s California License Number(s) Seal:
__________________________
Expiration Date(s)
END OF CONTRACT
2600 Moraga Road Abatement & 2022 Form PAYMENT BOND
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Payment Bond
The City of San Pablo (“City”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the 2600 Moraga Road Abatement & Demolition Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _____________________________________________________ Address: _________________________________________________ City/State/Zip: _____________________________________________ Phone: ___________________________________________________ Email: ___________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Contra Costa County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
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7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________
Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF PAYMENT BOND
2600 Moraga Road Abatement & 2022 Form WARRANTY BOND
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Performance Bond
The City of San Pablo (“City”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the 2600 Moraga Road Abatement & Demolition Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract, Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise, Surety’s obligations will remain in full force and effect until expiration of the one-year warranty period under the Contract.
3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract.
For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or
5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
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7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn: _____________________________________________________ Address: _________________________________________________ City/State/Zip: _____________________________________________ Phone: ___________________________________________________ Fax: _____________________________________________________ Email: ___________________________________________________
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court for Contra Costa County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________
Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF PERFORMANCE BOND
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Section A - General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”
Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose.
Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.
Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.
City means the City of San Pablo, which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.
City Engineer means the City Engineer for City and his or her authorized delegee(s).
Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.
Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein.
Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.
Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal.
Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.
Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work.
Day means a calendar day unless otherwise specified.
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Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.
DIR means the California Department of Industrial Relations.
Drawings has the same meaning as Plans.
Engineer means the City Engineer for the City of San Pablo and his or her authorized delegees.
Excusable Delay is defined in Section 5.3(B), Excusable Delay.
Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.
Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings.
Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.
Furnish means to purchase and deliver for the Project.
Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.
Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.
Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.
Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws.
Install means to fix in place for materials, and to fix in place and connect for equipment.
Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work.
Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.
Notice of Potential Award means a document notifying the Contractor of City staff intent to recommend that the San Pablo City Council award the Contract to the Contractor as the lowest
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responsible bidder. The Notice is typically issued after a determination of the low bidder and prior to City Council award.
Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.
Project means the public works project referenced in the Contract.
Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.
Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.
Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City.
Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise.
Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.
Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self- perform.
Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.
Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work.
The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.
Technical Specifications has the same meaning as Specifications.
Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.
Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City.
Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication.
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Article 2 - Roles and Responsibilities
2.1 City.
(A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer.
(B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents.
(C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor.
(D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.
2.2 Contractor.
(A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public.
(B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft.
(C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the
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Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations.
Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference within eight days following award of the Contract, or as otherwise specified by the City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners.
(G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any.
Contractor must submit a copy of each daily report to the Project Manager within five days of the date of the report. Contractor will also take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records.
(H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee
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of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
(I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2.
(J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract.
(K) Permits and Licenses. Contractor is responsible for timely obtaining at Contractor’s sole expenses, and permits or licenses required to perform the Work, unless otherwise specified in the Special Conditions.
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(L) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project.
2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the Subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequately trained workforce. Each Subcontractor must obtain a City business license before performing any Work.
(B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their Subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable.
2.4 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work
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of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or Subcontractor.
(B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4.
2.5 Submittals. Unless otherwise specified, Contractor must submit to Project Manager for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Project Manager in PDF format. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Project Manager may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed.
(A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal.
(E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City.
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(F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, Inspector or other City representative.
(G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.
2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed.
If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility for compliance with the Contract Documents.
2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.
2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent.
Article 3 - Contract Documents
3.1 Interpretation of Contract Documents.
(A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the
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Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions.
(B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, potential conflict with Laws, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.)
(C) Figures and Dimensions. Figures control over scaled dimensions.
(D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements.
(F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws.
3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedence over an earlier version:
(A) Change Orders;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed;
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(E) Attachment C – Federal Contract Requirements (only if used); (F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) Specifications;
(J) Plans;
(K) Notice of Potential Award;
(L) Notice Inviting Bids;
(M) Attachment B – Federal Bidding Requirements (only if used); (N) Instructions to Bidders;
(O) Contractor’s Bid Proposal and attachments;
(P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.
3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:
(A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.
(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern.
(C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer.
(2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract.
(3) Any reference to the “Department” or “State” is deemed to mean City.
3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are
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deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only.
3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.
3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.
3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Article 4 - Bonds, Indemnity, and Insurance
4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents.
(A) Surety.
Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City.
If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.
4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature (including death or injury of persons, or destruction of or damage to property) arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged
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defects in the content or manner of submission of Contractor’s bid for the Contract.
Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.
4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions:
(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, personal injury, contractual liability, products and completed operations, and broad form property damage, with limits of at least $5,000,000 per occurrence and at least $10,000,000 general aggregate.
The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements.
(2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $1,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR.
(4) Pollution Liability Insurance and Asbestos Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $1,000,000 per occurrence or claim and $2,000,000 policy aggregate for all loss arising out of claims for bodily injury, death, property
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damage, or environmental damage caused by pollution conditions or asbestos resulting from the Work.
(5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City.
(6) Railroad Protective Liability Insurance: The railroad protective liability insurance policy must provide coverage of at least $5,000,000. In lieu of providing railroad protective liability insurance, Contractor may remove any exclusion on their liability policy for work near a railroad.
(B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City.
(D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy and asbestos liability policy, builder’s risk policy, and railroad protective liability policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract for both ongoing and completed operations. The additional insured endorsement must be provided using ISO form CG 20 10 11 85, both forms CG 20 10 10 01 and CG 20 37 10 01, or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss.
(4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage.
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(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses.
(G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Article 5 - Contract Time
5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time.
(A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed.
(B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed.
(C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default.
5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the
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schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Baseline (As-Planned) Schedule. Within 15 calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity.
(1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers.
Contractor must also retain documentation of the purchase order date(s).
(B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so.
(C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project.
(1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project.
(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to
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Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102.
(D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date.
(E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office.
(G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.
(H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.
5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay.
(B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be
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extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis.
(C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day.
Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule.
Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications).
(1) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time.
(2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day.
(3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay.
Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years;
(2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time;
(3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time;
(4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor;
(5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers;
(6) performance or non-performance by Contractor’s Subcontractors or suppliers;
(7) the time required to respond to excessive RFIs (see Section 2.5(G));
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(8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work;
(10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or
(11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals.
(E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.
Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section
7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay.
(F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit.
(G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived.
(1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.
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(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion.
(3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102.
(6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay.
(7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below.
5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time due to Contractor’s Non- Excusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty.
(A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above.
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(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents.
(C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety.
(D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor.
Article 6 - Contract Modification
6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties.
(A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract.
Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings.
(B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or
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cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day.
(D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time.
(E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.
6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal.
(A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Project Manager within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Project Manager with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Project Manager.
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(B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known.
(C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.
Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City.
(E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq., and Chapter 3.17 of the San Pablo Municipal Code.”
6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation only for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section
8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation.
(B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs.
(C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs for Extra Work (but not decreased costs for deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%:
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(1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup;
(2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.
6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.
6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work.
Article 7 - General Construction Provisions
7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work.
(B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.
7.2 Temporary Facilities. Contractor must provide and maintain in a safe and sanitary condition, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services.
The location of all temporary facilities must be approved by the City prior to installation.
Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties.
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Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions.
(A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Work or the Project site, at Contractor’s sole expense, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities or to perform the Work as required by the Contract Documents.
(B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.
7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles.
Private driveways, residences and parking lots must have access to a roadway during non-Work hours.
(A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work.
(B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney.
(C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic.
7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location.
7.5 Project Site and Nearby Property Protections.
(A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and
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Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite.
(1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections.
(2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify West County Water District and City and establish a plan, subject to District’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.
(3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location.
(4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor.
(5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure.
(B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City.
(C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer.
Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Project Manager. The Project Manager’s written response will be final and binding on Contractor. If the Project Manager’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.
(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.
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(E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence.
The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City.
7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.
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7.7 Substitutions.
(A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts.
(B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Project Manager for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution.
Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review.
(D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final.
(E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City.
(F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.
7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents.
(B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time
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to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor.
(C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions:
(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs.
(2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.
(4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below.
(5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment.
(D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City.
(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations.
(F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions.
7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site.
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(A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws.
(B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water- spraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets.
(C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way.
Streets affected by Work on the Project must be kept clean by street sweeping.
(D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. The solid waste franchise agreement between the City and Richmond Sanitary Service (“RSS”) provides that company the exclusive right to collect and dispose of solid waste in the City. All construction waste that is not self-hauled by Contractor must be collected by RSS. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. Disposal-only contractors are not permitted to collect construction waste.
(E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all
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property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City.
(F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor.
7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application.
The instructions and manuals, along with any required guarantees, must be delivered to City for review.
(B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents.
7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project.
(A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above- ground improvements.
(B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment.
(C) Format Requirements. As-built drawings must be submitted in the following formats:
(1) AutoCAD (latest version). Include survey points and infrastructure shots. (2) Acrobat PDF (full/actual size, >600dpi) scanned wet signed. (3) One (full size bond) complete set wet-signed hardcopy.
7.12 Existing Utilities.
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(A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or another other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7.
(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities.
7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein.
Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert at 800- 642-2444 (for Northern California), at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations.
Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert.
7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project.
(A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
(1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws;
(2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or
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(3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents.
(B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order.
(C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City.
7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.
7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.
7.17 Lines and Grades.
Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents.
Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order.
7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”).
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may
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not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13.
7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials.
Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways.
(A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”).
(B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs.
(C) CALGreen’s Construction and Demolition Requirements. Contractor must comply with CALGreen’s Construction and Demolition requirements (http://www.calrecycle.ca.gov/LGCentral/Library/CandDModel/Instruction/FAQ.htm).
Contractor shall submit a completed Construction Waste Management Form, which is attached to the Contract Documents as Attachment A.
(D) PCBs in Building Materials. If the Project involves buildings of masonry structure that were built or renovated between 1950 and 1979, Contractor must perform a sampling for polychlorinated biphenyls (“PCBs”) in accordance with Toxic Substances Control Act (40 CFR Part 761). Contractor must also test any premises that may cause or contribute to illicit stormwater discharges (i.e. PCBs) and provide test reports to the City pursuant to San Pablo Municipal Code § 8.40.110(D). If PCBs are found to be onsite, the PCB containing material must be removed and disposed of in accordance with Toxic Substances Control Act (40 CFR part 761) and Contractor must demonstrate to the EPA and the City that it has complied with these federal regulations.
7.20 Noise Control. Contractor must comply with all applicable noise control Laws , including the City’s Noise Control Ordinance (San Pablo Municipal Code Chapter 9.12). The noise level from Contractor’s operations between the hours of 10:00 p.m. and 7:00 a.m. (if such hours are allowed by City Engineer), shall not exceed 86 DbA at a distance of 50 feet.
Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction
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aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at:
ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf.
Article 8 - Payment
8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. The amounts in the schedule of values must be consistent with the Contractor’s Bid Schedule.
Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid.
(A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. For progress payments, compensation for unit-priced items will be based on the actual quantities used during the preceding month. However, compensation for items identified by City as “Final Pay” items on the Bid Schedule will be based solely on the estimated quantities provided in the Bid Schedule. Only changes in quantities of “Final Pay” items that are caused by or due to City-directed design changes will be measured and paid separately pursuant to a Change Order.
(B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.
8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month.
(A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below.
8.3 Adjustment to Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the
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amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists.
(A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace.
(C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks.
(D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed.
(F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations.
(G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts.
(H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor.
8.4 Early Occupancy.
Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.
8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.
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Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project.
(A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that, for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retentions, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or back charges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment to Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c).
8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract.
(A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.
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8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section
8.2, above. Application shall also include completed and signed labor compliance forms for federal or CDBG funded projects, if required. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment to Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.
8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release.
8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor.
Article 9 - Labor Provisions
9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited.
Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.
9.2 Labor Code Requirements.
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815.
(C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference.
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(D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws.
9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
(B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates.
9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR.
(A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and
(2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
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9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
Article 10 - Safety Provisions
10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite.
(A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City.
(B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws.
(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.
(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision.
10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.
10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s
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employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City.
(A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely.
(B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.
10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances.
Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed.
10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City.
Article 11 - Completion and Warranty Provisions
11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to the City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents.
The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item.
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(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction.
(C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list.
(D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item.
11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co- guarantor of such Work.
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(E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction.
(F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below.
(H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work.
11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
(B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time.
11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.
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Article 12 - Dispute Resolution
12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor.
(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City.
(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein.
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.
(E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City.
12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute.
The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs.
Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
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(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time).
(2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above);
c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
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(C) Submission Deadlines.
(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment.
(4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.
12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.
12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived.
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(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.
(B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.
(C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.
12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.
12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.
12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.
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12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.
12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.
12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article
13. Article 13 - Suspension and Termination
13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction.
(A) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.
(B) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.
13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in- progress Work as directed in the suspension notice. The Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience,
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except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of suspension notice. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension, its sole recourse is to comply with the Claim procedures in Article 12.
13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable.
(C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default.
(D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work.
(E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold
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or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City.
(F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.
13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor.
(A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date.
(B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City.
13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.
(A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City.
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(B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s).
(2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs.
(3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated.
(4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval.
(5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article
13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment to Payment Application.
(E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.
Article 14 - Miscellaneous Provisions
14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to 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. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
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services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.
14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.
14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.
14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.
14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.
14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions:
Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty.
END OF GENERAL CONDITIONS
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Section B - Special Conditions
1. Insurance Requirements. The insurance requirements under Section 4.3 of the General Conditions are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect.
1.1 Builder’s Risk Insurance Waived. The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(5) of the General Conditions is hereby waived and does not apply to this Contract.
1.2 Railroad Protective Liability Insurance Waived. The railroad protective liability insurance policy requirement set forth in subsection
4.3(A)(6) of the General Conditions is hereby waived and does not apply to this Contract.
2. Outreach for Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, Contractor and any Subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200 at least 7 days
prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
3. Areas for Contractor’s Use. The street right of way may be used only for purposes that are necessary to perform the required Work. The Contractor must not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required Work.
Area is available within the contract limits for the exclusive use as a staging area of the Contractor.
If additional area is required, the Contractor may secure, at the Contractor's own expense, areas required for storage of equipment or materials or for other purposes, and provide documentation of the right of such use. Before final inspection of the Work, Contractor must clean the material sites and all ground occupied by the Contractor of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the Work must be left in a neat and presentable condition.
4. Authorized Work Days and Hours.
4.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday through Friday
4.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 8:00 a.m. to 5:00 p.m.
5. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration
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procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences:
5.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent;
5.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours;
5.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity;
5.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer;
5.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within ten days after City issues the Notice to Proceed;
5.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor;
5.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers;
5.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements;
5.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits;
5.10 If requested by City, Contractor’s cash flow projections;
5.11 The names and titles of each individual authorized to sign Change Orders and any other legally binding documents on behalf of Contractor;
5.12 The name and address of each Subcontractor not already listed on the Subcontractor List form, including a description and cost information for the portion of the Work by each Subcontractor and the Subcontractor’s DIR registration number;
5.13 An equipment list which includes a description, identification number, make, model number, and other relevant information for each piece of equipment to be used on the Project;
5.14 Proposed truck and hauling routes;
5.15 A draft copy of the proposed notification to residents near the Project;
5.16 Water Pollution Control Program;
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5.17 City’s Construction Waste Management Form (Attachment A);
5.18 Any other documents specified in the Special Conditions or Notice of Potential Award; and
5.19 Other:
6. Construction Manager Role and Authority. (To Be Determined) is the Construction Manager for this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City.
6.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the Construction Manager in writing, as follows:
(To Be Determined)
With a copy to the Engineer:
Matt Brown, Senior Civil Engineer
[email protected]
6.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others.
6.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs.
6.4 Pre-Construction Conference. Contractor will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements.
6.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents.
7. Notification of Residents and Businesses.
Temporary NO PARKING signs shall be set up 72 hours in advance (but no earlier than 96 hours in advance) of any parking restrictions, and must be removed promptly when no longer needed, including periods when Work will not be occurring for one week or more.
Contractor must provide, erect, and maintain NO PARKING signs. All NO PARKING signs shall include the City’s permit number.
8. Water Pollution Controls.
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A Stormwater Pollution Prevention Plan (“ SWPPP”) is required per these Special Conditions.
Contractor must take all measures necessary to keep all substances used in or resulting from the Work out of the gutters, storm drains and creeks. To this effect, Contractor must employ the “Best Management Practices (BMPs) for Construction and New Development” required by the City, and, when a SWPPP is included in these Special Conditions, Contractor must comply with the SWPPP. Contractor must maintain all temporary erosion and/or sediment controls, including removing sediment trapped at storm drain inlets as needed after rain so that said inlets remain functional.
If the measures are not properly installed or maintained, as determined by the Engineer , Contractor shall properly install them and shall be liable for any fines from any regulatory agency, including but not limited to the City.
9. Permits and Licenses.
Contractor shall be required to obtain all permits, including but not limited to City of San Pablo permits , including but not limited to : building permit, overload or transportation permit, encroachment permit, grading permit, C.3 permit, NPDES permit. City permit fees (not including the business license) will be waived for work on this Project. Contractor is responsible for scheduling inspections for each permit, if applicable.
Any subcontractors doing work within the City of San Pablo must also have a San Pablo business license. If the Work involves a vendor doing work offsite, such vendor is exempt from obtaining a City of San Pablo Business License while performing these Contract services for the City.
When permits from other agencies (e.g. Caltrans, Contra Costa County, Dept. of Fish & Game) or Utility companies (e.g. PG&E, EBMUD, WCWD) are required for the Work and/or included in these Special Conditions , Contractor shall be responsible for applying and pulling these permits unless indicated otherwise by City. City has applied for the following permits: Bay Area Air Quality Management District
Contractor must pay for and pull any of the other agency permits for which the City has applied, unless indicated otherwise by City. Contractor will be responsible for compliance with all permit conditions and inspection requirements. Upon completion of the W ork, Contractor must obtain written documentation from the respective agency or utility company that permit is finalized/closed out and accepted, and submit it to the City.
Temporary use permit(s) - it is Contractor’s responsibility to obtain temporary use permits for the use of any private property as a staging area, equipment and/or material storage yard, etc. Use permit conditions will vary and Contractor should contact the City of San Pablo Planning Department for specific requirements prior to submitting a bid. No Work shall commence without these permits or licenses. Contractor must comply with all conditions of the permits.
END OF SPECIAL CONDITIONS
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Section C - Technical Specifications and Project Plans
SECTION 0001 ORDER OF WORK
C-1
SECTION C.0001 - ORDER OF WORK
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Order of work shall conform to the following provisions.
PART 2 MATERIALS
NOT APPLICABLE
PART 3 EXECUTION
3.01 PERMITS AND INSURANCE
A Prior to beginning construction on any portion of the project all bonds and insurance shall be obtained by the Contractor.
B Contractor shall notify Bay Area Air Quality Management District (BAAQMD) after the Notice to Proceed has been issued by the City. Contractor shall present said notification to the City at least 10 working days prior to commencement of abatement and demolition operations.
C. The Contractor shall contact Underground Service Alert (USA) prior to any excavation operations.
3.02 TRAFFIC CONTROL
A. Prior to daily start of work, contractor shall set up all traffic control measures (i.e. signs, cones) in areas of the private parking lots and in the public right of way (including sidewalks) which are affected by the work.
3.03 PRE-CONSTRUCTION MEETING
A. Contractor and Engineer shall meet to discuss the project prior to any start of work.
B. All material submittal shall be reviewed and approved by the Engineer prior to start of work . Any rejected material and work will not be subject to compensation.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT AND PAYMENT
A. Payment for all aspects of Order of Work shall be considered to be included in the various items of work and no additional compensation will be allowed therefore.
END OF SECTION
SECTION 0100 MOBILIZATION
C-2
SECTION C.0100 - MOBILIZATION
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Organization and mobilization of the Contractor’s forces.
B. Transporting equipment to the jobsite and setting up of same.
C. Transporting various tools, materials and equipment to the jobsite.
D. Erection of temporary facilities as required for field offices, staging, storage and construction operations.
E. Assembly of equipment, tools, materials and supplies for the prose cution of work; the completed assembly, in working order of equipment necessary to perform the required work.
F. Installation of additional temporary fencing
PART 2 MATERIALS
2.01 TEMPORARY FENCING
A. Chain link fence.
PART 3 EXECUTION
3.01 MOBILIZATION
A. See Section C 0001 Order of Work, Part 1 General, 1.01 Scope of Work.
B. Contractor shall install additional temporary fencing, if necessary.
C. Contractor shall be responsible for the maintenance and upkeep of the City installed temporary chain link fence.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. This item shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 1, “Mobilization” shall be paid for by the contract Lump Sum (LS) price shown on the Bid Sheet. The contract lump sum price paid shall include:
SECTION 0100 MOBILIZATION
C-3
a) Mobilizing equipment and other appurtenances
b) Bonds
c) Insurance
d) Permit application & fees
e. installation and maintenance of additional temporary fencing e) Demobilizing all equipment and other appurtenances
f.) Traffic Control
The contract lump sum paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, compl ete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
B. NOT USED
C. The contract lump sum price will be paid as follows:
1. Fifty percent (50%) payment after 30% of completed work.
2. Forty percent (40%) payment after 95% of completed work.
END OF SECTION
SECTION 0200 TRAFFIC CONTROL
C-4
SECTION C.0200 - TRAFFIC CONTROL
PART 1 GENERAL
1.01 SCOPE OF WORK
A. This work shall include installation of temporary signs, flagging, traffic -handling equipment, devices and other related items to provide for safety and convenience to the public and public traffic during all phases of construction.
B. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Caltrans Standard Specifications.
C. Road closure and detours shall not be allowed.
PART 2 MATERIALS
A. All traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications.
PART 3 EXECUTION
3.01 SCHEDULE OF OPERATIONS AND TRAFFIC CONTROL PLAN
A. Special attention shall be given to the fact that Contra Costa College exists on Castro Road adjacent to the job site. Access and parkin g to the facility shall be given priority at all times. The contractor must submit a detailed schedule of operations and a site specific traffic control plan to the City by the date of the pre- construction meeting for its review, comment and approval. No work will begin until the construction schedule and traffic control plan have been approved in writing.
3.02 TRAFFIC CONTROL DEVICES
A. Traffic Control Devices. Installation of all traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications.
B. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.
3.03 PARKING RESTRICTIONS
A. Attention is directed to Section 7 of the Caltrans Standard Specifications. Restriction of parking on the street will be permitted only when authorized by the Engineer.
B. A minimum of 72 hours (3 days) posted notification of restricted parking is required for all areas authorized for no parking. 72- hours prior notification is required to legally tow vehicles parked in construction zones.
SECTION 0200 TRAFFIC CONTROL
C-5
C. Length of parking restriction shall be as approved by the Engineer.
3.04 FLAGGING
A. The contractor must provide all flag persons necessary for the direction of public traffic either through or around the work, including but not limited to providing a flag person at all times during the unloading of materials.
3.05 PROTECTION OF EXISTING DRIVEWAY
A. The Contractor shall protect the existing driveway by placing steel or wooden (plywood) panels along the wheel paths on the driveway from the edge street pavement to the rear of the building.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. This item shall not be measured.
4.02 PAYMENT
A. Payment for all aspects of Traffic Control shall be considered to be included in the various items of work and no additional compensation will be allowed therefore.
END OF SECTION
SECTION 0300 CLEARING & GRUBBING
C-6
SECTION C.0300 - CLEARING AND GRUBBING
PART 1 GENERAL
1.01 SCOPE OF WORK
A. This work shall consist of removing all objectionable material from within the work area. Clearing and grubbing shall be performed in accordance with the requirements specified in these specifications.
B. Existing roadway improvements and public sidewalk facilities, adjacent property, trees and plants that are not to be removed shall be protected from injury or damage resulting from the Contractor’s operations. Only trees within the work/ demolition area that are designated or marked to remain by the Engineer shall be saved.
C. All benches, vegetation and other above- ground structures/equipment not marked to be saved, rocks, and all other rubbish and debris of whatsoever kind or character, whether natural or artificial, found within the work area at the start of the work as well as that resulting from the demolition activities or deposited on the site by others during the duration of the Contract shall become the property of the Contractor and shall be removed and legally disposed of by the Contractor.
D. The contractor shall be responsible for all aspects CALGreen’s Construction and Demolition Requirements. Contractor must comply with CALGreen’s Construction and Demolition requirements (http://www.calrecycle.ca.gov/LGCentral/Library/CandDModel/Instruction/FAQ.htm).
E. Dust control on the work shall conform to Section 14- 9.03, Dust Control of the California Department of Tran sportation (Caltrans) Standard Specification. Dust resulting from the Contractors performance of the work, either inside or outside of the right of way, shall be controlled by the Contractor in conformance with the provisions in Section 7 “Legal Relations and Responsibility” of Caltrans Standard Specification.
F. Attention is directed to Section D 0330 - Storm Water Pollution Prevention Plan (SWPPP) of these special provisions for requirements.
PART 2 MATERIALS
NOT APPLICABLE
PART 3 EXECUTION
3.01 REMOVAL OF OBSTRUCTIONS
A. The Contractor shall remove all shrubbery as directed and remove all structures where the proper
SECTION 0300 CLEARING & GRUBBING
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construction and completion of the work require their removal. The Contractor shall also remove all rock, stones, debris, and all obstructions of whatsoever kind or character, whether natural or artificial, encountered in the construction of the work.
B. Material that is removed as herein above specified, and is not to be incorporated in the improvement being constructed, shall be disposed of by the Contractor at the Contractor's sole expense.
3.02 DISPOSAL OF CLEARED AND GRUBBED MATERIALS
A. The contractor shall be responsible for making his/her own arrangements for disposing of material outside the Ci ty premises or right of way and he/she shall pay all costs involved in connection therewith.
B. Material removed shall be disposed of outside the street right of way in accordance with the provisions of Section 7- 1.13 of the Caltrans Standard Specifications. The Contractor shall be responsible for locating a suitable dumpsite approved by the Engineer and for transporting materials for dumping. When material is to be disposed of at a location other than at the local sanitary landfill site, the Contractor shal l obtain written authorization from the property owner on whose property the disposal is to be made and he/she shall file with the Engineer said authorization together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property. If the dumpsite is within the City limits, the property owner must obtain a grading permit.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
D. This item shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 3 – “Clearing and Grubbing” shall be paid for by the contract Lump Sum price shown on the Bid Sheet. The contract lump sum price paid shall include:
a) Removal and/or proc essing, disposal of all vegetation and other above- ground structures/equipment, foundation and other debris;
b) Filling all depressions and cavities with earth or crushed materials, including fill at demolished manholes, or excavated locations;
c) Product submittal and approval;
d) Cut weeds and mow grass;
e) Application of herbicide;
f) Debris and trash removal;
g) Capping of all at or below grade utility connections on-site
1. Removal and/or capping of all at- or below-grade utility connections;
2. Filling all depressions and cavities with earth or crushed materials at excavated locations;
3. Capping sewer connection to meet West County Wastewater District requirements;
4. Capping of waterline connection to meet East Bay Municipal Utility District
SECTION 0300 CLEARING & GRUBBING
C-8
requirements;
5. Capping of gas line connection to meet PG&E requirement:
6. Capping or cutting electrical line/s to meet PG&E requirements;
7. Coordination with the City and all utility agencies to confirm location and capping at designated marked locations;
8. Debris and trash removal;
The contract lump sum price paid shall also include full compensation for all work involved in furnishing all labor, tools, equipment, and incidentals complete and in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
END OF SECTION
SECTION 0330 SWPPP
C-9
SECTION C.0330 - STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Provide a Storm Water Pollution Prevention Program (SWPPP) that meets all of the required standards of the State of California Water Resources Control Board. The SWPPP measures shall be installed as specified. Contractor shall submit a detailed SWPPP for the project to the City for review and approval at the pre-construction meeting.
PART 2 MATERIALS
A. All material used for SWPPP shall conform to the requirements of the Caltrans Storm Water Quality Handbooks, March 2003 edition.
B. Fiber rolls (detail SC-5)
C. Storm drain inlet protection (detail SC-10)
PART 3 EXECUTION
A. The preparation of this SWPPP is based on the principles of Best Maintenance Practices (BMP’s) and not numeric effluent limitations to control and abate the discharge of pollutants into receiving waters.
B. The SWPPP will be amended whenever there is a change in construction or operations, which may affect the discharge of significant quantities of pollutants into the storm drainage system. The SWPPP will also be amended if it is in violation of any condition of the Permit or has not achieved the general objective of reducing pollutants in storm water discharges.
C. Storm drain inlet protection shall be removed from the public roadway within two (2) days of completion of any grading operations.
D. Contractor shall prevent mud or soil materials from being deposited onto the sidewalk, driveway and roadway. If such activities occur, contractor shall clean and remove such mud or soil materials from the public right of way.
PART 4 MEASUREMENT AND PAYMENT
SECTION 0330 SWPPP
C-10
4.01 MEASUREMENT AND PAYMENT
A. Payment for Bid Item No. 2 “Storm Water Pollution Prevention Plan (SWPPP)” shall be paid for by the contract Lump Sum price shown on the Bid Sheet. The contract lump sum price paid shall include:
a) furnish and installation of fiber rolls
b) furnish and installation of storm drain inlet protection at all inlets to the of f-site storm drainage system
c) removal of storm drain inlet protection
d) cleanup of mud or soil materials deposited onto the public right of way
The contract lump sum paid shall also include full compensation for all work involved in furnishing all labor, tools, equipment, and incidentals complete and in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
(END SECTION)
SECTION 7500 DEMOLITION AND REMOVAL OF EXISTING STRUCTURE C-11
SECTION C.7500 – DEMOLITION AND REMOVAL OF EXISTING STRUCTURES PART 1 GENERAL
1.01 SCOPE OF WORK
A. Demolition, removal and site preparation shall include, but is not limited to: the demolition of the primary structure and removal of all bui ldings, sheds, retaining walls, flooring, slabs, walks, driveways, pavements, pavers, steps, abandoned utilities, benches, and all other above -ground structures and building foundation in their entirety from the Work Area.
B. NOT USED
C. Utilities - Before starting demolition of any building where utility connections exist, the Contractor shall verify with the Utility Company that all such utility connections have been disconnected.
However, this shall not relieve the Contractor from the responsibility of complying with all code regulations or general practices as required by the City or Utility Company or District having jurisdiction over such utility.
D. The contractor shall prevent any foreign material from entering the sewer laterals to be abandoned and shall employ suitable devices to prevent any material entering the sewer system. Sewer line shall be capped at the back of walk where they leave the site and on- site facilities tied to those removed, demolished and backfilled with processed aggregate or approved material.
E, Contractor shall implement dust and vapor control techniques at all times during the work to prevent the formation and migration of dust and vapors during excavation and removal of debris at the work area.
F. It is the responsibility of the contractor to have full knowledge of the existing sites before commencing demolition. The contractor shall raze all structures and completely clear the sites of debris as described in the specifications.
1.02 MATERIAL OWNERSHIP
A. Except for items or materials indicated to be reused, salvaged, reinstalled or otherwise indicated to remain, demolished materials shall become the Contractor’s property and shall be removed, recycled, or disposed from the Work Area in an appropriate and legal manner.
B. Disposal - The Contractor shall plan to dispose & off -haul all debris, trash and building materials according to legal and appropriate fashion.
PART 2 MATERIALS
A. The use of explosives for any work to be performed under this contract is prohibited.
B. The use of a "Headache Ball" or other battering device on any building or structure shall not be permitted when such device will swing or will be swung over public right of way or adjacent private property or that through its use will caus e building material particles to fall or to be driven onto public right of way or adjacent private property.
PART 3 EXECUTION
SECTION 7500 DEMOLITION AND REMOVAL OF EXISTING STRUCTURE C-12
3.01 EXAMINATIONS
A. Verity that all utilities have been located and marked.
B. Examine existing conditions and correlate with requirements indicated to determine extent of demolition and recycling required.
C. Examine condition of building to determine whether removing any element might result in a structural deficiency or unplanned collapse of any portion of the structure or adjacent structures during demolition.
D. Retain a licensed and qualified civil or structural engineer to provide analysis, including calculations, necessary to ensure the safe execution of the demolition work.
3.02 PREPARATION
A. Perform visual surveys as the work progresses to detect hazards resulting from demolition activities.
B. Conduct demolition operations and remove construction and demolition materials to ensure minimum interferences with roads, streets, walks, and other adjacent occupied and utilized facilities.
C. Do not close or obstruct streets, walks or other adjacent occupied or utilized facilities without prior permission from the Engineer.
D. Ensure safe passage of people around demolition areas and the public around the wor k site boundary.
E. Erect temporary protection such as walks, fences, railings, canopies and covered passageways, where required in the plans.
3.03 DEMOLISH BUILDINGS AND STRUCTURES
A. The Contractor shall completely remove all building materiaals and structures of any kind, as well as, abandoned utilities, and any above ground facility as indicated on the plans or specified in these specifications. All debris and refuse shall be removed.
B. “Above Ground Building Structure” shall be defined as building materials located above the ground floor concrete slab.
C. “Concrete Slabs and Foundations” shall be defined as the remaining building materials consisting of concrete slabs and concrete foundations.
D. Contractor shall remove all nails, rebars, and other vertical protruding materials from the concrete slabs.
E. The Contractor shall separate and remove the wooden or steel members from the demolished concrete structures.
3.04 TRANSPORT AND DISPOSAL OF DEMOLITION MATERIALS
SECTION 7500 DEMOLITION AND REMOVAL OF EXISTING STRUCTURE C-13
A. Contractor shall transpo rt and dispose of all demolished materials to a legal and proper Class landfill as appropriate.
E. NOT USED
3.07 EXISTING UTILITIES
A. Coordinate the disconnection and removal of all above ground utility services and meters with the appropriate utility agencies. Removal of meters, if any, will be performed by the utility agencies and shall not be included in the work to be done.
B. NOT USED.
C. A reference marker shall be placed over the capped sewer lateral, water lateral and gas lateral at the back of sidewalk.
D. NOT USED.
3.08 TEMPORARY FENCE
A. NOT USED.
B. Contractor shall maintain temporary fence throughout the abatement, demolit ion and processing operations.
C. Contractor shall dismantle and demobilize temporary fence after the site has been graded and compacted.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. These items shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 11 “Demolition of Above Ground Building Structure” shall be paid for by the contract Lump Sum price shown on the Bid Sheet. The contract lump sum price paid shall include:
a) Safely demolishing the existing structure
b) Capping sanitary sewer lateral and water services at back of walk where they leave the site
c) Coordinating with gas utility company to cap existing gas line d) Sorting and separating salvageable and/or recyclable materials e) Disposal and transportation of all “above ground building structure” debris and refuse from within the work area
f) Transporting and spreading the processed material uniformly on site g) Providing temporary fence during operations and dismantling temporary fence after demolition operations
h) Securing fees to a legal dump site
i) Providing all weight tags for any and all material off -hauled to any disposal facility (or elsewhere) and providing records of how much materials went to each disposal facility including recycled or hazardous materials; and
SECTION 7500 DEMOLITION AND REMOVAL OF EXISTING STRUCTURE C-14
j) All other appurtenant work associated with the demolition or the processing of “above gr
ound building structure” materials.
B. Payment for Bid Item No. 12 “Demolition of Concrete Slabs and Foundations” shall be paid for by the contract Lump Sum price shown on the Bid Sheet. The contract lump sum price paid shall include:
a) Safely demolishing and breaking up concrete remaining concrete slabs and foundations. b) Sorting and separating salvageable and/or recyclable materials such as concrete and steel rebars.
c) Disposal, trans portation, and rec ycling of all remaining broken up concrete slabs and foundations e from within the work area
d) Spreading the processed material uniformly on site
e) Processing and disposal of all existing above-ground concrete and asphalt concrete, and building foundation material from within the work area
f) Securing fees to a legal recycling site
g) Providing all weight tags for any and all material off-h auled to any disposal facility (or elsewhere) and providing records of how muc h materials went to each dispos al facility including recycled or hazardous materials; and
h) All other appurtenant work ass ociated with the demolition or the processing of “c oncrete slabs and foundations” materials.
i) Depth of all slabs and foundations assumed to be no greater than 36".
EN
D OF SECTION
SECTION 7600 ABATEMENT OF ACM & ACCM
C-15
SECTION C.7600 – ABATEMENT OF ASBESTOS CONTAINING MATERIALS (ACM) & ASBESTOS
CONTAINING CONSTRUCTION MATERIALS (ACCM)
PART 4 – MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. This bid item shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 4 – “Abatement of Asbestos Containing Materials (ACM) and Asbestos Containing Construction Materials (ACCM) in Building Structure”, shall be paid for by the contract Lump Sum (LS) price shown on the Bid Sheet. The contract lump sum price paid shall include:
a) Preparation of work area
b) Worker protection
c) Removal of asbestos containing material (ACM) and asbestos containing construction material (ACCM)
d) Decontamination of work area
d) Cleanup of the work area
e) Disposal and transport of ACM and ACCM
f) Securing and fees for a legal dump site
g) Abatement of any asbestos materials related to the inspection of the bungalow building or previously identified in the inspection reports of these specifications.
The contract lump sum price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
B. Payment for Bid Item No. 7 – “Additional Abatement of Unidentified ACM & ACCM - Floor or Wall Tile (CONTINGENT)”, shall be paid for by the contract Square foot (SF) price shown on the Bid Sheet . This contingency price shall apply only to asbestos insulation previously unidentified in the inspection reports of these specifications. This may include materials in added or closed rooms missed in the inspection reports. The contract lump sum price paid shall include:
a) Preparation of work area
b) Worker protection
c) Removal of asbestos containing material (ACM) and asbestos containing construction material (ACCM)
d) Decontamination of work area
d) Cleanup of the work area
e) Disposal and transport of ACM and ACCM
f) Securing and fees for a legal dump site
The contract square foot price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
SECTION 7600 ABATEMENT OF ACM & ACCM
C-16
C. Payment for Bid Item No. 8 – “Additional Abatement of ACM & ACCM in Building – Insulation (CONTINGENT)”, shall be paid for by the contract Square foot (SF) price shown on the Bid Sheet. This contingency price shall apply only to asbestos insulation previously unidentified in the inspection reports of these specifications. This may include materials in added or closed rooms missed in the inspection reports. The contract lump sum price paid shall include:
a) Preparation of work area
b) Worker protection
c) Removal of asbestos containing material (ACM) and asbestos containing construction material (ACCM)
d) Decontamination of work area
d) Cleanup of the work area
e) Disposal and transport of ACM and ACCM
f) Securing and fees for a legal dump site
The contract square foot price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
(END SECTION)
SECTION 7700 ABATEMENT OF LBC & LCC
C-17
SECTION C.7700 – ABATEMENT OF LEAD BASED COATING (LBC) & LEAD CONTAINING
COATING (LCC)
PART 4 – MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. This bid item shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 5 – “Abatement of Lead Based Coating & Lead Containing Materials (LCC) in Building Structure” shall be paid for by the contract Lump Sum (LS) price shown on the Bid Sheet. The contract lump sum price paid shall also include:
a) Preparation of work area
b) Decontamination procedure
c) Removal of lead based paint and lead containing paint material d) Cleanup of the work area
e) Disposal and transport of lead base paint & lead containing paint materials f) Securing and fees for a legal dump site
The contract lump sum price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
B. Payment for Bid Item No. 9 – “Additional Abatement of LBC & LCC (CONTINGENT)” shall be paid for by the contract Square Foot (SF) price shown on the Bid Sheet. This contingency price shall apply only to lead based paint previously unidentified in the inspection reports of these specifications. This may include materials in added or closed rooms missed in the inspection reports. The contract square foot price paid shall also include:
a) Preparation of work area
b) Decontamination procedure
c) Removal of lead based paint and lead containing paint material d) Cleanup of the work area
e) Disposal and transport of lead base paint & lead containing paint materials f) Securing and fees for a legal dump site
The contract square foot price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
(END SECTION)
SECTION 7800 ABATEMENT OF PCB
CONTAINING LIGHT BALLASTS AND MERCURY CONTAINING FLUORESCENT LIGHT TUBES C-18
SECTION C.7800 – ABATEMENT OF PCB CONTAINING LIGHT BALLASTS AND
MERCURY CONTAINING FLOURESCENT LIGHT TUBES
PART 4 – MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. This bid item shall not be measured.
4.02 PAYMENT
A. Payment for Bid Item No. 6 – “Abatement of Other Hazardous Materials (PCB Containing Light Ballasts, Universal Waste Lamp, Mercury Switches, Smoke Detectors, Mold Containing Building Materials, Freon and Crystalline Silica” shall be paid for by the contract Lump Sum (LS) price shown on the Bid Sheet. The contract lump sum price paid shall also include:
a) Ballast removal
b) Segregation and containerization of all leaking ballasts c) Removal of fluorescent & mercury vapor light tubes
d) Cleanup of work area, PCB articles (electrical equipment) and spills e) Containerization and marking of PCB’s
f) Disposal to an offsite recycling facility of all non-hazardous waste g) Disposal to an offsite hazardous waste disposal facility of all hazardous waste
The contract lump sum paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
B. Payment for Bid Item No. 11 – “Additional Abatement of Other Hazardous Materials (PCB Containing Light Ballasts, Universal Waste Lamp, Mercury Switches, Smoke Detectors, Mold Containing Building Materials, Freon and Crystalline Silica (CONTINGENT)” shall be paid for by the contract Each (EA) price shown on the Bid Sheet. This contingency price shall apply only to other hazardous materials (PCB Containing Light Ballasts, Universal Waste Lamp, Mercury Switches, Smoke Detectors, Mold Containing Building Materials, Freon and Crystalline Silica) previously unidentified in the inspection reports of these specifications. This may include materials in added or closed rooms missed in the inspection reports. The contract unit price paid shall also include:
a) Ballast removal
b) Segregation and containerization of all leaking ballasts c) Removal of fluorescent & mercury vapor light tubes
d) Cleanup of work area, PCB articles (electrical equipment) and spills e) Containerization and marking of PCB’s
f) Disposal to an offsite recycling facility of all non-hazardous waste g) Disposal to an offsite hazardous waste disposal facility of all hazardous waste
The contract unit price paid shall also include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.
SECTION 7800 ABATEMENT OF PCB
CONTAINING LIGHT BALLASTS AND MERCURY CONTAINING FLUORESCENT LIGHT TUBES C-19
(END SECTION)
SECTION 7800 ABATEMENT OF PCB
CONTAINING LIGHT BALLASTS AND MERCURY CONTAINING FLUORESCENT LIGHT TUBES C-20
SECTION C.8000 – HAZARDOUS MATERIALS ABATEMENT SPECIFICATIONS
SECTION I- ASBESTOS
ASBESTOS CONTAINING MATERIALS &
ASBESTOS CONTAININING CONSTRUCTION MATERIALS
ABATEMENT SPECIFICATIONS
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
ASBESTOS REQUIREMENTS
TABLE OF CONTENTS
Table of Contents
SECTION 1. ASBESTOS BIDDING REQUIREMENTS ...................................................................................... 1 Part 1.1 - Site Investigations ................................................................................................................................ 1 Part 1.2 - Insurance Requirements ...................................................................................................................... 1 Part 1.3 - Licenses and Qualifications Requirements .......................................................................................... 2
SECTION 2. ASBESTOS GENERAL REQUIREMENTS - DEFINITIONS .......................................................... 2
SECTION 3. NOTIFICATIONS, SUBMISSIONS, POSTINGS ............................................................................ 7 Part 3.1 - Notification ........................................................................................................................................... 7 Part 3.2 - Pre-Construction Submittals ................................................................................................................ 7 Part 3.3 - Submittals During the Work Process ................................................................................................... 9 Part 3.4 - On-Site/Clean-Room Area Postings and Documentation .................................................................. 10 Part 3.5 - Job Site Documents ........................................................................................................................... 11 Part 3.6 - Project Close-out Documents ............................................................................................................ 11
SECTION 4. SITE SECURITY ........................................................................................................................... 11
SECTION 5. EMERGENCY PLANNING ........................................................................................................... 12
SECTION 6. PRE-CONSTRUCTION MEETING ............................................................................................... 12
SECTION 7. MATERIALS AND EQUIPMENT ................................................................................................... 12 Part 7.1 - Contractor Equipment and Supplies ................................................................................................... 12 Part 7.2 - Rental Equipment and Supplies ......................................................................................................... 14
SECTION 8. WORK SITE FACILITIES ............................................................................................................. 14
SECTION 9.RESPIRATORY PROTECTION .................................................................................................... 14
SECTION 10. PERSONNEL PROTECTION REQUIREMENT AND TRAINING .............................................. 18
SECTION 11. WORKER DECONTAMINATION ENCLOSURE SYSTEMS ..................................................... 19
SECTION 12. WORKPLACE ENTRY AND EXIT PROCEDURES ................................................................... 20
SECTION 13. DIFFERENTIAL AIR PRESSURE SYSTEMS ............................................................................ 20 Part 13.1 - Negative Pressure Requirements .................................................................................................... 20 Part 13.2 - DOP Testing ..................................................................................................................................... 21 Part 13.3 - Differential Pressure Recording Requirements ............................................................................... 21 Part 13.4 - Differential Pressure System ........................................................................................................... 22
SECTION 14. EXECUTION, WORK SCHEDULE ............................................................................................. 23 Part 14.1 - Execution ......................................................................................................................................... 23 Part 14.2 - Power Outage Procedures ............................................................................................................... 25 Part 14.3 - Work Schedule ................................................................................................................................. 26
SECTION 15. REMOVAL PROCEDURES ..................................................................................................... 26
SECTION 16. WASTE CONTAINER PASS-OUT PROCEDURES ................................................................... 27 SECTION 17.CLEAN-UP PROCEDURE ........................................................................................................... 28 Part 17.1 - Clean-up Procedure ......................................................................................................................... 28 Part 17.2 - Visual Clearance Criteria ................................................................................................................. 28
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
ASBESTOS REQUIREMENTS
TABLE OF CONTENTS
SECTION 18. CLEARANCE AIR MONITORING .............................................................................................. 29
SECTION 19. MONITORING ............................................................................................................................ 30
SECTION 20. DISPOSAL PROCEDURES ....................................................................................................... 30 Part 20.2 - Transportation to the Landfill ........................................................................................................... 31 Part 20.3 - Disposal at the Landfill ..................................................................................................................... 31
SECTION 21. PATENTS AND PREVAILING WAGES ..................................................................................... 32 Part 21.2 - Prevailing Wage Requirements ....................................................................................................... 32
SECTION 22. PERMITS AND FEES ................................................................................................................. 32
SECTION 23. SPECIFIC PROCEDURES AND REQUIREMENTS .................................................................. 32 Part 23.1 - General Repair of Damaged Thermal System Insulation (TSI) ....................................................... 32 Part 23.2 - Glove Bag Technique Requirements ............................................................................................... 33 Part 23.3 - Mini-Cube Enclosure Requirements ................................................................................................ 34 Part 23.4 - Roofing Abatement Requirements General Requirements ............................................................. 35 Part 23.5 - Vinyl Floor Tile (VFT) & Associated Adhesive Abatement Requirements General Requirements . 41 Part 23.6 - Carpet Removal over Vinyl Floor Tile (VFT)/Tile Adhesive Requirements General Requirements 44 Part 23.7 - Boiler Unit Removal Requirements .................................................................................................. 46 Part 23.8 - Sheetrock and Joint Compound Abatement Requirements ............................................................ 47 Part 23.9 - Impact to and Removal of Transite Pipe, Shingle, or Sheeting Materials ....................................... 50 Part 23.10- Demolition with Selected Asbestos Containing Materials Left in Place .......................................... 51 Part 23.11 - Contaminated Attic Space Procedures .......................................................................................... 52 Part 23.12 - Non-Friable, Non-Hazardous, Glazing Abatement Requirements ................................................. 54 Part 23.13 - Subfloor Crawl Space Dirt Removal Requirements ....................................................................... 55 Part 23.14 - Subfloor Enclosure Requirements ................................................................................................. 58 Part 23.15 - Subfloor Space Pony Wall Installation, Dirt Removal Requirements ............................................ 59 Part 23.16 - Installation of “Rat Slab” in Sublfoor Crawl Space Requirements ................................................. 62 Part 23.17 - Stucco/Texture Removal and Containment Requirements ........................................................... 66 Part 23.18 – Fire Debris Abatement Requirements ........................................................................................... 69
SECTION 24. ASBESTOS SPECIFICATIONS/PROCEDURES ....................................................................... 71 Part 24.2 - Removal Locations........................................................................................................................... 71 Part 24.3 - Materials to be Abated ..................................................................................................................... 71 Part 24.4 - Containment and Abatement Requirements .................................................................................... 72 Part 24.5 - Contractor Assist Requirements ...................................................................................................... 73 Part 24.6 - Worker Protection ............................................................................................................................ 73 Part 24.7 - Electrical and Water Hook-Ups ........................................................................................................ 73 Part 24.8 - Visual and Air Clearance Criteria ..................................................................................................... 73 Part 24.9 - Owner’s Responsibility ..................................................................................................................... 73 Part 24.10 - Disposal Requirements .................................................................................................................. 73 Part 24.11 - Work Periods .................................................................................................................................. 74 Part 24.13 - Interim Construction Submittals ..................................................................................................... 76 Part 24.14 - Post Construction Submittal List .................................................................................................... 76
SECTION 25. ASBESTOS RESULTS LIST ...................................................................................................... 77
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
1 SECTION 1. ASBESTOS BIDDING REQUIREMENTS
Part 1.1 - Site Investigations
By submitting a bid for asbestos related work, the asbestos abatement contractor acknowledges that they have investigated and satisfied themselves as to: a) the conditions affecting the work, including but not limited to, physical conditions of the site which may bear upon site access, handling, and storage of tools and materials, access to water, electric, or other utilities, or otherwise affect performance of required activities; b) the character and quality of all surface and subsurface materials or obstacles to be encountered, in so far as, this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the Owner or a designated consultant, as well as, information presented in drawings and specifications included with this contract. Any failure by the asbestos abatement contractor to acquaint themselves with available information will not relieve them from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Owner is not responsible for any conclusi ons or interpretations made by the asbestos abatement contractor on the basis of the information made available by the Owner.
Part 1.2 - Insurance Requirements
Successful asbestos abatement contractor shall purchase and maintain insurance that will protect them from claims that may arise out of or result from the activities under this Contract, whether those activities are performed by the asbestos abatement contractor, by any Subcontractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.
Successful asbestos abatement contractor shall submit proof of coverage, as well as, Subcontractors under the Worker's Compensation insurance system of the State of California or other similar benefit acts.
Successful asbestos abatement contractor shall submit a certificate of general liability insurance protecting against liability for bodily injury and property damage arising from asbestos abatement contractor’s activities under this contract.
Such certificate of insurance must contain the following provisions:
(a) The limit of liability shall not be less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.
(b) The Owner, Owner’s Agents, and Consultant must be named as additional insured, but only in respect to liability arising or resulting from activities under this contract.
© In the event of cancellation of the insurance policy, the Owner shall be given thirty days advance written notice.
(d) The insurance certificate must state that the insurance includes liability coverage for asbestos abatement work.
Successful asbestos abatement contractor’s Subcontractors shall submit a certificate of general liability insurance protecting against liability for bodily injury and property damage arising from Contractor's activities under this contract.
Such certificates of insurance must contain the following provisions:
(a) The limit of liability shall not be less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined.
(b) The Owner, Owner’s Agents, and Consultant must be named as an additional insured, but only in respect to liability arising or resulting from activities under this El Portal Elementary School
2600 Moraga Road, San Pablo, CA
2 contract.
© In the event of cancellation of the insurance policy, the Owner shall be given thirty days advance written notice.
Part 1.3 - Licenses and Qualifications Requirements
The asbestos abatement contractor shall be duly licensed in the State of California with the Contractors State License Board (CSLB) in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code, as amended. This includes certification for asbestos-related work, and all other trades or work required under this contract and within these specifications.
The asbestos abatement contractor shall submit a statement, signed by an officer of the company, containing the following information:
1. A record of any citations issued by Federal, State, or Local regulatory agencies within the last 3 years, relating to asbestos abatement activity. Include projects, dates, and resolutions.
2. A list of penalties incurred through non-compliance with asbestos abatement project specifications, including liquidated damages, overruns in scheduled time limitations, and resolutions.
3. Situations in which an asbestos -related contract has been terminated including projects, dates, and reasons for terminations.
4. A list of any asbestos-related legal proceedings/claims in which the Contractor (or employees scheduled to participate in this project) has participated or is currently involved. Include descriptions or role, issue, and resolution to date.
The asbestos abatement contractor is fully and totally responsible at all times for compliance with payment of prevailing wage rates pursuant to provisions of the California Labor Code, for compliance with Division 2, Part 7, Chapter 1, California Labor Code, including but not limited to Section 1776; and for compliance with California Labor Code, Section 1777.5 for all apprentice able occupations.
SECTION 2. ASBESTOS GENERAL REQUIREMENTS - DEFINITIONS
Abatement - Procedures beyond a special operations and maintenance program to control fiber release from asbestos-containing materials. Includes removal, encapsulation, enclosure, and repair.
ACGIH - American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Building D-5, Cincinnati, Ohio 45211
AHERA - Asbestos Hazard Emergency Response Act
AIHA - American Industrial Hygiene Association, 475 Wolf Ledges Parkway, Akron, Ohio 44311
Air Filtration Device - See "Pressure Differential Unit"
Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least three (3) feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination.
Air Monitoring - The process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air P&CAM 239 or Method 7400. For clearance air monitoring, electron microscopy El Portal Elementary School
2600 Moraga Road, San Pablo, CA
3 methods may be utilized for lower detection and specific fiber identification.
Air Sampling Professional - The professional contracted or employed by the Owner to supervise and/or conduct air monitoring and analysis schemes. This individual may also function as the Asbestos Project Manager, if qualified. Supervision of air sampling and evaluation of results should be performed by an individual certified in the Comprehensive Practice of Industrial Hygiene (CIH) or having specialized experience in air sampling for asbestos. Other acceptable Air Sampling Professionals include Environmental Engineers, Architects, Chemists and Environmental Scientists or othe rs with equivalent experience in asbestos air monitoring. This individual shall not be affiliated in any way other than through this contract with the contractor performing the abatement work.
Ambient Air - The air outside the buildings and structures or the air as it normally exists in a space prior to abatement.
Amended Water - Water to which a surfactant has been added.
ANSI - American National Standards Institute, 1430 Broadway, New York, New York, 10018
Asbestos - Means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite grunerite (amosite), anthophyllite, actinolite, and tremolite.
Asbestos Containing Hazardous Waste - Materials defined by the State of California to be packaged, labeled, transported, and disposed of as an asbestos hazardous waste. This includes all friable asbestos - containing material over one -percent (1%) asbestos. This also includes all asbestos -containing material containing less than one-percent asbestos for which one or more bulk samples have not been point counted and found to contain less than one-percent (1%) asbestos.
Asbestos Containing Material (ACM) - Cal/OSHA - Material composed of asbestos of any type and in an amount greater than one percent (1%) either alone or mixed with fibrous or non-fibrous materials.
Asbestos Containing Construction Material (ACM) - a manufactured construction material containing greater than 0.1% asbestos by weight by the PLM method.
Asbestos Containing Waste - Asbestos-containing material or asbestos-contaminated objects requiring disposal.
Asbestos Project Manager (APM) - (Competent Person) - An individual qualified by virtue of experience and education, designated as the Owner's representative and responsible for overseeing the asbestos abatement project.
ASTM - American Society for Testing and Materials, 916 Race Street, Philadelphia, PA 19103.
Authorized Visitor - The Owner (and any designated representative) and any representative of a regulatory or other agency having jurisdiction over the project.
Bidder - A duly licensed and accredited asbestos contractor who was present at the bid-walk and has submitted a bid.
Cal/OSHA - California Division of Occupational Safety and Health.
Certified Industrial Hygienist (CIH) - An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene.
Clean Room - An uncontaminated area or room which is a part of the worker decontamination enclosure system with provisions for storage of workers' street clothes and clean protective equipment.
Competent Person - A person who is an accredited EPA Asbestos Contractor/Supervisor and whose accreditation is current.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
4 Containment - Isolation of the work area from the rest of the building to prevent escape of asbestos fib ers.
Contract Documents - Written contractual agreements between the Owner and the Contractor that pertain to the work on this project.
Contractor - The individual and/or legal entity and its subcontractors and employees of the contractor and subcontractor awarded the contract.
Contractor/Supervisor - A person who successfully completed an initial U.S. EPA and/or state-approved five-day AHERA accreditation course and who has maintained that training through approved annual refresher training, and possesses current and valid AHERA accreditation documentation as a AHERA accredited Contractor/Supervisor.
Class I, II, III, or IV Work - Work classes described in 8 CCR 1529 that describe different levels of asbestos work.
Critical Barrier - Critical Barriers used to restrict water and air flow. Critical Barriers are the barriers placed over openings in the walls and ceilings of a work area in order to ensure that airborne fibers cannot escape the work area via these openings. The Contractor will construct impermeable barriers at all exits or openings, including doorways, duct chases, mechanical shafts, elevator shafts, floor openings, drains, and the like, so that all possible exit or entrance routes are effectively barricaded and sealed. Unless otherwise specified in the Contract documents, critical barriers shall be constructed of at least one layer of 6-mil thick poly.
Critical Barrier Negative Pressure Test - Required test for negative pressure with only critical barriers and air filtration units installed. This test must be conducted prior to the installation of cleaning barriers, but may be conducted with or without the decontamination unit in place.
Decontamination Enclosure System - (Also known as Decon or Waste Transfer Decon) A series of connected rooms designed for the decontamination of workers and equipment that is separated from the work area and from each other by z-flapped curtained doorways. This unit shall be constructed with at least six-mil poly for the floors, walls, and ceiling. All decontamination enclosure systems used for worker entry and exit shall be equipped with a shower.
Demolition - The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations.
DOP - Dispersed Oil Particulate which are normally used as an agent for testing the efficiency of HEPA filters.
Dust or Debris - Any visible dust or debris remaining in an abatement area will be considered asbestos - containing residue.
Encapsulant - A liquid material which can be applied to asbestos -containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant).
EPA - U.S. Environmental Protection Agency
Equipment Room - A contaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment.
Exterior of Containment HEPA Filtered Pressure Differential Unit - An air-purifying unit positioned outside, rather than inside the regulated work area. The face, or filter portion of the unit is integrated within the work area, and the remainder of the unit (housing, wheels, rivets, control panel, etc.) is located outside of the work area. This allows filters on the air intake to be changed from within the regulated area but access to the machine itself is available to those outside the area. Pressure differential units which pass DOP testing across the HEPA filter, but fail at rivets, control panels, wheels, etc. may be used in this fashion as long as the failure point of the unit can remain on the exterior of containment while the face of the unit and filters are El Portal Elementary School
2600 Moraga Road, San Pablo, CA
5 inside containment.
Facility - Any institutional, commercial or industrial structure, installation, or building.
Facility component - Any pipe, duct, boiler, tank, reactor, turbine, or furnace at or in a facility or any structural member or a facility.
Fed OSHA or OSHA - Federal Occupational Safety and Health Administration.
Fixed object - A piece of equipment or furniture in the work area which cannot be removed from the work area.
Friable asbestos - Asbestos-containing material which can be crumbled to dust when dry, under hand pressure or by mechanical means.
Glove Bag Technique - A method with limited applications for removing small amounts of friable asbestos- containing materials from ducts, short piping runs, valves, joints, elbows, and other non-planar surfaces. The glove bag is constructed of 6 mil transparent polyethylene with two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste.
HVAC - Heating, ventilation and air conditioning system.
HEPA Filter - A high efficiency particulate air filter capable of removing particles 0.3 microns in diameter from an air stream with 99.97% efficiency.
HEPA Vacuum - A vacuum system equipped with HEPA filtration.
Lock-down - To mist the air and to wet surfaces with an agent designed to bind asbestos fibers together.
Magnehelic gauge - Instrument for measuring the static air-pressure differential across a barrier.
Manometer - See "Magnehelic gauge".
Mini-Enclosure - Mini-enclosures shall be constructed of 6 mil polyethylene (attached with tape and/or glue to walls and floors) and shall be small enough for 1 -2 workers who can enter the enclosure, complete the abatement exercise, pass out the containerized debris and exit.
Monitoring - May include:
a) Visual inspection for the presence of visible emissions; or b) Air monitoring performed in accordance with accepted methods; c) Core samples of encapsulated or bridged materials.
d) Bulk sampling of soil during and following abatement. e) Sampling substrata following abatement.
Movable Object - An unattached piece of equipment or furniture in the work area which can be removed from the work area.
NVLAP - National Voluntary Laboratory Accreditation Program.
NESHAP - The National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61, Nov. 20, 1990)
NIOSH - The National Institute for Occupational Safety and Health CDC-NIOSH, Building J N.E. Room 3007, Atlanta, GA 30033.
Outside Air - The air outside buildings and structures.
Owner - The Owner or Owners authorized Representative.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
6 PCM - Phase contrast microscopy according to NIOSH Method 7400.
Plasticize - See "Poly".
Poly - Polyethylene sheeting. Used to cover floors, walls, ceilings, create critical barriers, and seal open vents on mechanical systems, etc. Note: All poly must be flame-retardant.
Pressure Differential Unit (PDU) - A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas.
Air intake must have a filter on it which can be changed within a containment.
Regulated Area - means an area established by a Contractor to demarcate areas where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed, the permissible exposure limit. Additionally “Regulated Area” means any measure used to restrict access to an area where personnel impacting asbestos -containing materials are required to wear respiratory protection and/or protective clothing by the project specifications regardless of airborne asbestos concentration levels.
Regulations - shall include but not be limited to:
a. U.S. Environmental Protection Agency Regulations for Asbestos (Title 40, Code of Federal Regulations, Part 61, Subparts A & B)
b. U.S. Environmental Protection Agency, Office of Toxic Substances, Asbestos-Containing Materials in School Buildings, A Guidance Document, Parts 1 & 2.
c. Title 8, Chapter 4, Subchapters 1 through 21, California Administrative Code, General Industry Safety orders, Section 5208 "Asbestos" or the applicable sections of the Federal Asbestos Regulations. Cal/OSHA Construction Safety Orders, Section 1529.
d. "Asbestos Hazard Emergency Response Act", U. S. Environmental Protection Agency, 40 CFR, Part 763. Final Rule and Notice.
e. Applicable Local County Air Pollution Control Owners and Air Quality Management Districts.
Removal - The stripping of any asbestos-containing materials from surface or components of a facility.
Renovation - Altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded.
Shower Room - A room between the clean room and the equipment room in the decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during decontamination. The shower room must be equipped with an overflow pan to contain water splashed, leaked or spilled out of the shower unit.
Staging Area - Either the holding area or some area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area.
Structural Member - Any load-supporting member of a facility, such as beams and load-supporting walls or any non-load-supporting member, such as ceilings and non-load supporting walls.
Submittals - Pre, interim, and post job documents submitted by the contractor to Owner/Owner’s Representative as indicated in General Requirements and Bidding Requirements.
Surfactant - A chemical agent added to water to improve wetting and penetration into asbestos materials.
TEM - Transmission Electron Microscopy according to AHERA specifications for Level II analysis.
Visible emissions - Any emissions containing particulate asbestos material that are visually detectable El Portal Elementary School
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7 without the aid of instruments. This does not include condensed uncombined water vapor.
Waste Load-out/Transfer System - A decontamination system utilized for transferring containerized waste from inside to outside of the work area. A series of three connected rooms used for the load-out of asbestos- containing materials that have been properly containerized. The waste load out chamber system shall normally consist of three connected chambers adjacent to the work area. Each chamber shall be constructed with six- mil thick poly for the floors, walls, and ceiling
Wet Cleaning - The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other utensils which have been dampened with water and afterwards thoroughly decon- taminated or disposed of as asbestos contaminated waste.
Work 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 sealed, plasticized, and equipped with a decontamination enclosure system. A non-contained work area is an isolated or controlled-access work area which has not been plas- ticized nor equipped with a decontamination enclosure system.
Worker - Contractor employee who has completed course work and passed the exam for an EPA accredited, AHERA asbestos abatement worker. Certificate must be current.
SECTION 3. NOTIFICATIONS, SUBMISSIONS, POSTINGS
Part 3.1 - Notification
Prior to commencement of work the Contractor shall send notices of work to be completed to the agencies listed below with a copy of each to be provided to the Owner or its representative at the pre -construction meeting.
For compliance with 40 CFR part 61.146 of Subpart M, send notice at least 10 working days prior to start of work to the following appropriate agencies if trigger quantities of RACM are met or for a demolition:
Bay Area Air Quality Management District (BAAQMD)
All contractors are required to notify BAAQMD for all renovations and demolition s by crea ting a user account, manage all revisions and pay asbestos operation fees on all new notifications at http://asbestos.baaqmd.gov
For compliance with Title 8, California Administrative Code, Construction Safety Order 1529, Asbestos Regulations send written notice at least one day prior to start of work to:
State of California Department of Occupational Safety and Health (Cal/OSHA)
These notices shall include, at a minimum, the name and address of the Contractor, the name and address of the work site, the type of work to be done including the percent asbestos content of the material, the methods used to prevent migration of the fibers, personal protective measures, the number of his workers involved, any union representation of the workers and the methods of disposal including the names and EPA numbers of both the certified hauler and the waste disposal site. The notices shall also include start and finish dates. Changes in start and completion dates shall be reported immediately to the proper agency. Use forms provided by agency whenever possible.
Part 3.2 - Pre-Construction Submittals
Submit copies of documents required to be included in the Bidding Requirements. At a minimum these documents will include:
1. Copy of State of California Contractor License Issued by CSLB
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8 2. Copy of State of California CSLB Active License
3. Copy of State of California CSLB Asbestos Certification
4. Copy of Department of Industrial Relations; Division of Occupational Safety and Health; Certificate of Registration for Asbestos-related Work
5. Copy of signed statement from company officer listing citations and pending proceedings against the Contractor, or if there have been no citations, a copy of the statement that no actions by regulatory agencies have occurred in the last three years signed by an officer of the company.
Submit copies of insurance certificates which meet requirements as outlined in Section 1, Part 1.2, of this Specification.
Submit copies of notifications to government agencies.
Submit proof satisfactory to the Owner that required permits have been acquired applicable to the project being performed and specific to the project site and location. If no city, county, or other permits for parking, waste container location, or variances for scheduled work hours are required this should be stated in writing and submitted to the Owner.
Submit Sub-contractors information or statement that Sub-contractors will not be required or used during this project. This statement should also include that if it becomes necessary to use a Sub-contractor during this project that Sub-contractor will not be allowed to perform work until all required documentation has been submitted for review by the Owner or Owner’s agent/site representative, and the Contractor receives written approval for use of the Sub-contractor on this project.
Submit a complete list of all rented equipment, or equipment expected to be rented from an outside contractor for use in “Regulated Areas”, “Work Areas”, or “Containments”, where the equipment may be exposed to elevated levels of airborne asbestos. If no equipment is to be rented a statement should be submitted stating no equipment will be used on the project. The statement should also include that if it becomes necessary to use rented equipment that written statements from each rental company will be provided to the Owner prior to its use, indicating the rental company’s acknowledgment that the equipment is provided for and may be used in areas where airborne levels of asbestos may be present.
Submit non-emergency telephone numbers, other then 911, for the appropriate Police, Sheriff, and Fire Departments. This list of numbers shall also include the Name, pager or cell phone numbers of the on -site supervisor and his immediate company supervisor.
Submit detailed written directions from the project site to the medical facility to be used in case of an emergency. Also include a map which sufficiently shows the route to be taken from the site to the designated medical facility.
Submit written emergency procedures pertinent to the work to be performed and which can be implemented by site personnel if the need arises.
Submit detailed information on preparation of work area, personal protective equipment, employee experience, training and assigned responsibilities during the project. Also list decontamination procedures for personnel, work area and equipment, abatement methods and procedures, required air monitoring program, procedures for handling and disposing of waste materials and procedures for final decontamination and cleanup.
Submit a detailed work schedule. The schedule shall have, as a minimum, the work area and the day/month for beginning and terminating work in each work area. During progress of work, it shall be the Contractor's responsibility to keep the schedule current and up to date.
Submit documentation satisfactory to the Owner that the Contractor's employees, including foremen, supervisor, and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received required US EPA AHERA El Portal Elementary School
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9 training.
Submit documentation from physician that all employees or agents who may be exposed to airborne asbestos in excess of background levels have been provided with an opportunity to be medically monitored to determine whether they are physically capable of working while wearing the respirator required without suffering adverse health effects. In addition, document that personnel have received medical monitoring as required by Cal/OSHA regulations. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the workplace environment (e.g., high temperatures, humidity, chemical contaminants) that may impact on the employee's ability to perform work activities.
Submit documentation of respirator fit-testing for all Contractor employees and agents who must enter any work area where asbestos -containing materials may or will be impacted. This fit -testing shall be in accordance with qualitative procedures as required by OSHA regulations or be quantitative in nature.
Documentation pertaining to NIOSH approvals for all respiratory protective devices utilized on site shall also be included.
Submit copy of waste transporters Department of Toxic Substances Control, Hazardous Waste Transporter Registration if hazardous asbestos -containing waste is to be removed during the project. If hazardous asbestos-containing waste will not be generated submit the name, address, and registration information for the waste hauler to be used for transporting the waste.
Submit documentation listing the name and site address of the waste facility designated to receive asbestos- containing waste generated during this project. This documentation shall also include the EPA Identification number, and a copy of the current permit authorizing the waste facility to accept and dispose of asbestos - containing waste.
Submit Safety data sheets (SDS) for any and all applicable, materials, supplies, etc. These documents must be legible and completely reveal information required to be communicated to the Contractor’s employees, visitors, and Owner Representatives.
Submit manufacturers' certifications that high efficiency particulate air (HEPA) vacuums, pressure differential units and other local exhaust ventilation equipment conform to ANSI Z9.2-79.
Submit name of laboratory/person to be used for Phase Contrast Microscopy (PCM) analysis and copy of current NVLAP Certificate of Accreditation (if applicable), and most recent NIOSH Proficiency Analytical Testing Program results.
Submit a written statement that OSHA monitoring will be performed for all asbestos -related activities performed during this project. This statement must be on company letterhead, dated, include name of the site or project being worked on, and signed by an authorized agent of the company performing the asbestos- related work.
Submit manufactures documentation pertaining to the capability of waste water filters to filter particles of 1.0 micron in size.
Part 3.3 - Submittals During the Work Process
Submit weekly - copies of work site entry/exit logs as well as information on worker and visitor access.
Submit weekly - copies of results of air sampling data collected during the course of the abatement including OSHA compliance air monitoring results.
Submit weekly - copies of air-differential manometer graphs and HEPA filter change logs. (see Section 13)
Submit weekly - copies of all transport manifests, trip tickets, weights and disposal receipts as applicable for all asbestos waste materials removed from the site during the abatement process.
Submit as applicable - copies of current insurance certificates, notifications, worker documentation, etc. if these items expire during the course of the project.
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10 During abatement the Owner will upon request submit to the Contractor results of bulk material analyses and air sampling data collected during the course of the abatement. These serve only to monitor Co ntractor performance during the project.
Submit upon request during or after completion of the project, documentation deemed by the Owner to be pertinent to the project.
Part 3.4 – Third Party Oversight
The Owner is utilizing the services of Atlas as an independent third-party consultant to provide oversigh t of all work that disturbs asbestos on this project. The Contractor shall treat this third -party consultant as a designated representative of the Owner. The third-party consultant for this project is known as the Certified Asbestos Consultant (CAC). The CAC is expected to perform some or all of the following activities on this project, but may also conduct other activities as needed.
a. Visually monitor the work practices of the Contractor’s employees to determine that the work is being done in compliance with these specifications. The CAC may conduct this activity on a continual basis or may make unannounced random visits to the project site to check on the Contractor’s performance.
b. Visually inspect for the presence of visible emissions suspected to contain asbestos.
c. Conduct personal and area air monitoring in accordance with accepted methods.
d. Collect bulk samples of relevant materials to determine the presence or absence of asbestos.
e. Visually inspect the work area for cleanliness after completion of the work.
Part 3.4 - On-Site/Clean-Room Area Postings and Documentation
The following items shall be posted at the entrance to “Regulated Areas”, “Work Areas”, and “Containments”, or in the possession of the Contractor’s on-site supervisor where respiratory protection or protective clothing is required by this Specification.
A Cal/OSHA Information poster and a Cal/OSHA Construction Site poster.
A copy of the CAL-OSHA and the BAAQMD.
Non-emergency telephone numbers, other then 911, for the appropriate Police, Sheriff, and Fire Departments.
This list of numbers shall also include the Name, pager or cell phone numbers of the on-site supervisor and his immediate company supervisor. Detailed written directions from the project site to the medical facility to be used in case of an emergency. Also a map which sufficiently shows the route to be taken from the site to the designated medical facility.
Written emergency procedures pertinent to the work to be performed and which can be implemented by site personnel if the need arises.
Written entry/exit procedures shall be posted in the clean room and equipment room. (See Section 12)
List of persons authorized to be in restricted area. The list shall include, among others, the following names with addresses and phone numbers:
1. Contractor
Testing Laboratory
2. Air-sampling Professional Owner's representatives
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11 3. Asbestos Project Manager
Any other designated by the Owner
Entry/exit log for work performed in all “Regulated Areas”, “Work Areas”, and “Containments” where respiratory protection or protective clothing is required by this Specification. Contractor shall maintain copies of all entry/exit logs on the site during the performance of asbestos-related work.
All of the Contractor's personnel and area air sampling results shall be posted in the clean room area or in the possession of the Contractor’s site supervisor if no decontamination unit is required for the work being performed within 72 hours of collection, and submitted to Owner’s agent/site representative weekly unless otherwise noted.
Copies of Safety data sheets (SDS) for all materials on-site.
Part 3.5 - Job Site Documents
The following shall be in the possession of the Contractor’s supervisor at each job site:
1. All contract specifications to include, change orders, etc. Contractor competent person must sign a document stating he has full knowledge of all Sections included in this specification.
2. Written Injury and Illness Prevention Program.
3. Written Respiratory Protection Program
4. An updated list of all contractor employees who have worked on this job.
5. List of all US EPA AHERA competent employees (supervisors).
6. Training records
7. Medical records
8. Respiratory fit test records
Part 3.6 - Project Close-out Documents
Contractor shall submit post-construction submittals to Owner/Owner’s Representative within thirty (30) days of the completion of asbestos -related work. This documentation shall include at a minimum any and all applicable documents as outlined in Part 3.2 and Part 3.3 of this Section. In addition the Contractor should consult and submit as applicable documents identified in Section 24, Part 24.3 - Post Construction Submittal List
SECTION 4. SITE SECURITY
The work area is to be restricted to authorized, trained and protected personnel. A list of authorized personnel shall be established prior to job start and posted in the clean room of the work decontamination facility, or in the possession of the on-site supervisor for the Contractor.
Contractor shall report to the Owner immediately entry into the work area by unauthorized individuals.
A log book shall be maintained during the project. Anyone who enters the work areas must record name, affiliation, time in, and time out for each entry.
Access to all “Regulated Areas”, “Work Areas”, and “Containments” shall be through a designated entry point.
All other means of access (doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from these areas. The only exceptions for this rule are the waste pass out air-lock, and emergency exits in case of fire or accident.
Emergency exits shall NOT be locked, however, they shall be sealed with polyethylene sheeting and tape until needed. All emergency exits shall be clearly designated. They shall also have a razor knife permanently in place to facilitate emergency exit.
Contractor should have control of site security during abatement operations whenever possible, in order to El Portal Elementary School
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12 protect work efforts and equipment. During off-hours access to the abatement area shall be restricted by a lockable entry.
Contractor will have Owner's assistance in the enforcement of restricted access by Owner's employees.
Storage of debris will be such that access to it is limited to the Contractor. Lockable bins shall be utilized and they shall be locked at all times except when loading occurs. No soft covers will be allowed for any storage containers. When a container with rolling tops is being used all access points to the interior of the container must be secured by the Contractor with locks of sufficient strength to require special effort to gain access to the interior of the waste container.
SECTION 5. EMERGENCY PLANNING
Emergency planning and procedures shall be developed by the Contractor and shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, and heat related injury and agreed to by Contractor and Owner prior to abatement initiation. These emergency pro cedures shall be established and presented to all employees and the Owner prior to the beginning of any work. A written emergency plan shall be posted or in the possession of the on-site supervisor for the Contractor regardless of the work being performed.
A copy of the Contractor’s written Injury and Illness Prevention Program shall be posted or in the possession of the on-site supervisor for the Contractor regardless of the work being performed.
Employees shall be trained in evacuation procedures in the event of workplace emergencies. Telephone numbers of all emergency response personnel shall either be in the possession of the on-site supervisor, or be prominently posted in the clean change area and equipment room, along with the locations of the nearest telephone indicated on a map or diagram.
At least two fire extinguishers shall be present on site and in close proximity to the work being performed regardless of the type of work being conducted. At least one fire extinguisher shall be present outside of any containment. Additional extinguishers shall be distributed according to Cal/OSHA requirements or as identified in this Specification.
When open abatement is being performed, an emergency blast horn (canned air horn) shall be placed inside of containment for emergency evacuation in the event of a fire or other emergency.
If noted in any other section of this Specification, a means of radio communication shall be established between inside and outside of containment whenever a decontamination setup is required, particularly for all open abatement projects. This requirement may be met through walkie talkies or by wired communication systems.
During hot working conditions, such as in an attic space during summer, or in containments where live steam or hot water lines are exposed, special attention must be given to the possibility of heat stress and burns. The Owner’s site representative may make recommendations for work breaks for employees, but the supervisor is ultimately responsible for his workers.
SECTION 6. PRE-CONSTRUCTION MEETING
A pre-construction meeting will be held at a time and location to be determined by the Owner. The successful Bidder, his on-site supervisory personnel, and Air Sampling Professional (if applicable), representatives of the Owner, Owner’s Representative, and other individuals as necessary shall be present at this meeting.
At this meeting the Contractor shall provide all required submittals, as indicated above in Section 3, Part 3.2.
The Contractor should use the Pre-Construction Submittal List provided in Section 24, Part 24.1 to assure all required submittals are included in his submittal package.
SECTION 7. MATERIALS AND EQUIPMENT
Part 7.1 - Contractor Equipment and Supplies
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13 Deliver all consumable materials in the original packages, containers or bundles bearing the name of the manufacturer and brand name (where applicable). These must be approved by the Owner. Polyethylene (Poly) sheeting, of appropriate thicknesses for walls, floors, and ceilings, (4 mil’s thick for walls, 10 mil’s thick for lining of waste containers, 6 mil’s thick for floors and all other uses), shall be provided in widths selected to minimize the frequency of joints.
All poly shall be flame-retardant regardless of its designated use inside or outside any building.
Poly sheeting utilized for worker decontamination enclosure shall be opaque white or black in color and each layer shall be a minimum of 6 mil thick. At least two layers shall be required. Modesty barriers are to be erected whenever and wherever the Owner’s agent/site representative determines one is needed.
Disposal bags shall be constructed of 6 mil poly with labels required by OSHA, CDPH, Toxic Substance Control regulations. Disposal drums shall be metal or fiber board with locking ring tops to be used only if required and/or allowed by selected waste facility.
Stick-on labels as per CDPH and OSHA requirements for disposal drums shall be provided.
Warning signs as required by OSHA shall be provided and posted per regulations.
Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethylene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of one (1) fluid ounce to five (5) gallons of water or as specified by manufacturer. If amo site asbestos in present in the materials being removed, the Contractor shall use a surfactant that is designed to wet amosite. This information shall be submitted to the Owner’s agent/site representative before the start of the project.
A sufficient quantity of pressure differential units equipped with HEPA filtration and operated in accordance with ANSI Z9.2 -79 and EPA guidance document EPA 560/5 -83-002 Guidance for Controlling Friable Asbestos-Containing Materials in Buildings, Appendix F: Recommended S pecifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement, shall be utilized so as to meet the requirements of Section 12. All HEPA filtration equipment must be tested with DOP or an equivalent testing agent (see Section 12).
An adequate number of respirators for the work force shall be on hand. These respirators will include, when specified:
a. Type "C" air-supplied respirators in positive pressure or pressure demand mode with full face pieces and HEPA-filtered disconnects.
b. Powered-air respirators with HEPA-filters, full face piece.
c. Half mask or full face respirators with HEPA filters.
All respirators shall be NIOSH -approved and be equipped with supplies for immediate replacement of defective parts.
Full body disposable protective clothing, including head, body, and foot coverings consisting of material impenetrable by asbestos fibers (Tyvek or equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate movement without tearing.
Additional safety equipment (e.g., hard hats, eye protection, safety shoes, disposable PVC gloves), as necessary shall be provided to all workers and authorized visitors.
Non-skid footwear shall be provided to all abatement workers.
If launderable clothing is to be worn underneath disposable protective clothing, it shall be provided by the Contractor to all abatement workers. Laundering must occur in accordance with applicable OSHA requirements.
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14 A sufficient supply of scaffolds, ladders, lifts and hand tools (e.g., scrapers, wire cutters, brushes, utility knives, wire saws, etc.) shall be provided as needed.
Rubber dustpans and rubber squeegees shall be provided for cleanup.
A sufficient supply of HEPA-filtered vacuum systems shall be available.
The Owner’s agent/site representative may require the use of additional equipment if he feels the number or amount of certain items or materials is not sufficient.
Vacuums and pressure differential units shall arrive on site sealed and free of debris. Pre-filters of all pressure differential units must be new and unused.
No product or material will be used on the project unless the product data sheets and all SDS’s have been submitted, reviewed, and approved by the Owner for use. Any product or material found on the project which has a product data sheet and/or SDS available and has not been approved will be removed from the site by the Contractor until review and approval has been completed by the Owner.
Part 7.2 - Rental Equipment and Supplies
Any equipment rented and delivered to the site for the purpose of conducts asbestos abatement work must be accompanied with documentation verifying that the rental agency has been notified, and acknowledges receipt of notification that the eq uipment being rented will be used for asbestos abatement work. This documentation must be submitted to the Owner’s agent/site representative prior to the equipment being delivered to the job site. Rental equipment, including scaffolding, will be held to th e same standard of cleanliness as all other equipment on this project.
All rented equipment must be inspected and accepted by Owner’s agent/site representative as it arrives onsite. Any equipment covered with dust (no matter the source of dust), plaster d ebris, multiple layers of encapsulant and/or spray glue, or any other debris will not be accepted. Delays caused by a lack of clean equipment will not extend Contractor’s schedule. Equipment rejected due to a lack of cleanliness must be removed from Owner’ s grounds in order to be cleaned. Dirty equipment wrapped in plastic will not be acceptable.
The Owners’ agent/site representative must be informed 24 hours prior to the delivery of any rental equipment.
The decision of the Owner or its representative on all rental equipment and supplies shall be final.
SECTION 8. WORK SITE FACILITIES
The Owner shall provide sanitary facilities for abatement personnel outside of the enclosed work area. To use these facilities all workers shall wear normal street clothes, not bathing suits or Tyveks.
The Owner shall provide water for construction purposes. Contractor shall connect to existing Owner system.
The Owner shall provide the electrical source.
The Owner or its representative shall specify the waste water discharge location and location of waste containers.
The Owner shall specify on-site parking areas, if available, and access to the site.
SECTION 9. RESPIRATORY PROTECTION
All respiratory protection shall be provided to workers in accordance with the submitted written respiratory protection program, which includes all items as required by OSHA. This program shall be posted in the clean room of the worker decontamination enclosure system or adjacent to the clean room.
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15 The Contractor shall ensure that all workers entering the regulated area are wearing appropriate respiratory protection. Respiratory protection provided workers shall be in accordance with 8 CCR 1529, and 8 CCR 5144 and the respiratory protection program submitted by the Contractor. This program shall be available at the project site.
The Owner or their representative may deny access to a regulated area to anyone who, in the final judgement of the Owner or their representative, is not properly wearing adequate respiratory protection for the project conditions. This includes but is not limited to those wearing unidentified respirators, those with improperly sealed respirators, those wearing respirators in an improper manner such as over their protective suit hood, or in any other fashion judged by the Owner or their representative to be improper or inadequate to protect the individual from the airborne asbestos at the project site.
The Contractor shall provide each worker needing respiratory protection w ith his or her own, individually identified, NIOSH-approved respirator. At a minimum, these respirators will be equipped with a P-100 series HEPA filter. The Contractor shall provide additional filter types if that becomes necessary for specific hazards discovered on the job site or if required in the contract documents.
The Contractor shall ensure that all workers use the respirator in compliance with the manufacturer's instructions for proper use and care of that product.
Workers must perform positive and negative respirator seal checks each time a respirator is put on, provided the respirator design so permits.
The Contractor shall ensure that those workers wearing powered air purifying respirators test the air flow rate according to the frequency and methods specified by the manufacturer.
Workers shall be given, at least, a qualitative fit test in accordance with procedures detailed in the Cal/OSHA requirements for all respirators to be used on this abatement project. An appropriately administered quantita- tive fit test may be substituted for the qualitative fit test.
The Contractor shall ensure and provide written records to the Owner’s agent/site representative that all workers wearing tight-fitting respirators have been appropriately fit tested in accordance with the requirements of 8 CCR 5144.
The Contractor shall ensure that nothing interferes with the seal of the respirator to the face of the worker.
This includes but is not limited to facial hair, clothing, protective clothing, equipm ent or anything else that comes between the respirator and the face of the worker.
Use of any respirator must be in compliance with the manufacturer's instructions for proper use and care of that product.
The Contractor shall ensure that workers wear respirators underneath protective clothing.
Workers conducts any work that may create an airborne release of asbestos must wear appropriate respiratory protection. This includes, but is not limited to the pre -cleaning of asbestos contamination off of furniture, equipment and floors, and the set-up of contaminated work areas.
The judgement of the Owner’s agent/site representative shall be final if there is a disagreement between the Owner and the Contractor regarding the need for wearing or the type of personal protection required..
In no event will a negative exposure assessment be allowed to lower respiratory protection, from that listed in the Scope of Work or required by regulation in the absence of an NEA, prior to the start of a project. Air samples used for negative exposure assessments created after the project has started must be from work conducted under this contract.
Minimum Respiratory Protection for OSHA Class I Work
Unless specified differently in the contract documents, the Contractor’s employees conducts Class I work will wear tight-fitting, full-face powered-air purifying respirators for all Class I work that will take more than one hour to complete. They must wear a minimum of a half-face negative air–purifying respirator for Class I work El Portal Elementary School
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16 lasting less than one hour. Contract documents may require additional respiratory protection, such as the use of supplied air respirator systems if, in the opinion of the Owner’s agent/site representative, the airborne asbestos levels are expected to exceed one fiber per cubic centimeter of air (1 f/cc).
After work has begun, if the Contractor wishes to lower respiratory protection requirements, such as for glove bag or other work, he or she must demonstrate to the Owner’s agent/site representative that personal air sampling results from that project prove that airborne fibers levels are below the Cal/OSHA Permissible Exposure Limit. The Owner’s agent/site representative will normally require sampling results used for this purpose to include several days of sampling taken during the work expected to generate the highest airborne levels. The Owner’s agent/site representative will have final authority regarding whether or not the respiratory protection may be reduced below the need for powered-air purifying respirators.
Unless stated otherwise in the contract documents, for the purposes of respiratory protection, Class I work will include the removal of materials such as gypsum board surfaces that are covered with a texturing or skim coat material that contains over one percent asbestos.
Minimum Respiratory Protection for Class II and III Work Practices Unless specified differently in the contract documents, the Contractor’s employees conducts Class II or III work will wear a minimum of half-face, air-purifying respirators. Contract documents may require additional respiratory protection, such as the use of full face air-purifying respirators or powered-air-purifying respirators.
After work has begun, if a Contractor wishes to lower respiratory protection requirements, he or she must demonstrate to the Owner’s agent/site representative that personal air sampling results from that project prove that airborne fibers levels are below the limit of quantification for the phase contrast microscopy method. The Owner’s agent/site representative will normally require sampling results used for this purpose to include several days of sampling taken during the work expected to generate the highest expected airborne levels.
The Owner’s agent/sit e representative will have final authority regarding whether or not the respiratory protection may be reduced or eliminated. For example, the Owner’s agent/site representative may require personal samples be analyzed by TEM before determining that asbestos does not pose an airborne health risk.
Respiratory Protection for All Work Classes and Unclassified Work Respiratory protection will always be required if thermal system or surfacing materials are disturbed or if any asbestos-containing materials will not be removed substantially intact.
The Owner’s agent/site representative has full authority to raise the level of respiratory protection required for access to the regulated area if in his or her judgement additional respiratory protection is required. For example, if personal air sample results collected by either the Contractor or Owner’s agent/site representative indicate higher than expected levels, the Owner’s agent/site representative is authorized to increase the level of required respiratory protection. The Owner’s agent/site representative will determine if the increased respiratory protection is due to new, unexpected developments such as the discovery of new materials, or if the increase is due to the Contractor failing to follow good work practices. The judgement on this matter by the Owner’s agent/site representative will be final.
The Owner is not responsible for increased costs or delays resulting from the need to increase respiratory protection should the reason for the increased respiratory protection be due to the Contractor’s failure to adequately utilize wet work methods and/or the prompt cleanup of debris.
The Contractor may only implement respiratory protection changes after receiving written approval for the change from the Owner’s agent/site representative.
Waste transport and disposal personnel must wear at least half-face, air-purifying respirators when handling intact sealed bags. Powered-air purifying respirators must be worn if waste containers spill, break, or in any other fashion require a Class I work cleanup be performed.
The Contractor shall comply with the respiratory protection requirements listed in 8 CCR 1529 until that date that 8 CCR 5144 includes assigned protection factors for all respirators. The following list of respirators and their assigned "protection factors" shall be the criteria for the selection of respiratory protection.
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17 Respirator Selection Protection Factor
Half-face or full-face air purifying respirator equipped with 10 HEPA filter.
Full-face air purifying respirator equipped with HEPA filter 50 with quantitative fit test.
Full-face Type C continuous flow supplied air. 1000 Full-face, powered air purifying respirator equipped with 1000 HEPA filter.
Full-face supplied air respirator operated in pressure demand 1000 mode.
Full-face supplied air respirator operated in pressure
demand mode, equipped with an auxiliary positive
pressure self-contained breathing apparatus. 1000
Workers shall be provided, as a minimum, with personally issued and marked respirators equipped with HEPA filters approved by NIOSH to be worn in the designated work area and/or whenever a potential exposure to asbestos exists. Owner or its representative may refuse entry to the work area to a worker with an unidentified respirator.
Sufficient filters shall be provided for replacement as required by the workers or applicable regulations.
Disposable respirators shall not be used.
No worker shall be exposed to levels greater than 0.01 f/cc as determined by the protection factor of the respirator worn and the work area fiber levels.
Whenever type C respirator protection is used, compressed air systems shall be designed to provide air volumes and pressures to accommodate respirator manufacturer specifications. The compressed air system shall have a reservoir of adequate capacity to allow the escape of all respirator wearers from contaminated areas in the event of compressor failure.
Compressors must meet the requirements of 29 CFR 1910.134(d).
Location of compressors must be approved by Owner for exhaust and noise considerations.
Compressors must have an in -line carbon monoxide monitor and periodic inspection of carbon monoxide monitors must be documented. Documentation of adequacy of compressed air systems/respiratory protection systems must be retained on site. This documentation will include a list of compatible components with the maximum number and type of respirators that may be used with the system. Periodic testing of compressed air shall insure that systems provide air of sufficient quality (Grade D breathing air). Documentation of this testing, including a description of the process used to perform the test and results of each test must be submitted to the Owner’s agent/site representative weekly.
Location of compressors must be approved by Owner for exhaust and noise considerations.
Whenever powered air-purifying respirator protection is used, a sufficient supply of replacement batteries and HEPA filter cartridges shall be provided to the workers. At least one spare fully charged battery must be available on-site for each PAPR in use. The flow rate delivered to the face piece shall be checked and recorded by the Contractor on the sheet provided by the Owner’s agent/site representative each time a worker dons the respirator. Written respiratory protection program must detail how this testing is to be performed by each employee or the onsite supervisor. The Contractor shall ensure that the flow rate for PAPRs meets the requirements listed in 8 CCR 1544 regarding tight and loose fitting respirators as appropriate. The Contractors shall also ensure that PAPRs are worn, checked and maintained according to the directions of the manufacturer.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
18 During encapsulation operations or usage of other organic base aerosols (e.g. spray glue, expanding foam, etc.) workers shall be provided with combination organic vapor/HEPA filter respirator cartridges.
The Contractor shall comply with OSHA CFR 1926.110( h) (Respiratory Protection) and Cal/OSHA Title 8 5144. The following list of respirators and their associated "protection factors" shall be the criteria for the selection of respiratory protection.
Sufficient filters shall be provided for replacement as required by the workers or applicable regulations.
Disposable respirators shall not be used.
No worker shall be exposed to levels greater than 0.01 f/cc as determined by the protection factor of the respirator worn and the work area fiber levels.
Whenever powered-air-purifying respirator protection is used, a sufficient supply of replacement batteries and P100 HEPA filter cartridges shall be provided to the workers. At least one spare fully charged battery must be available on-site for each PAPR in use. The flow rate delivered to the face piece shall be checked and recorded by the Contractor on the sheet provided by the Owner’s agent/site representative each time a worker dons the respirator. Written respiratory protection program must detail how this testing is to be preformed, and whether it will be performed by each employee or the onsite supervisor.
During encapsulation operations or usage of other organic base aerosols (e.g. spray glue, expanding foam, etc.) workers shall be provided with combination organic vapor/HEPA filter respirator cartridges.
During application of spray-poly, appropriate NIOSH approved respirators shall be worn.
SECTION 10. PERSONNEL PROTECTION REQUIREMENT AND TRAINING
Prior to commencement of abatement activities all personnel who will be required to enter the work area or handle containerized asbestos containing materials must have received adequate training in accordance with the OSHA, EPA AHERA and NESHAP regulations.
Special on-site training on equipment and procedures unique to this job site shall be performed by the Contractor as required by law or recommended by the equipment manufacturer.
The Contractor shall provide training in emergency response and evacuation procedures.
See Section 8 for respiratory protection requirements.
Disposable clothing, including head, foot and full body protection, shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. Damaged coveralls shall be immediately repaired or replaced.
Hard hats, protective eye-wear, proper protective gloves, rubber boots and/or other footwear shall be provided by the Contractor as required for workers and authorized visitors. Safety shoes may be required for some activities.
Contractor personnel shall not wear street clothes or clothes of any type underneath the protective disposable clothing. Upon exiting the work area, no items worn in the work area, such as clothing, personal protective gear, footwear, or hair coverings will be allowed to be worn past the shower of the decontamination unit.
Contractor worker(s) have the option of wearing disposable undergarments underneath protective clothing, or they may be nude underneath the protective disposable clothing.
Each time the worker(s) enter the work area they will don new disposable clothing and undergarments. Street clothes (including underwear and shoes) shall not be allowed inside the work area, except during visual clearance activities.
The Owner’s agent/site representative may use personal judg ement to allow authorized personal to wear street clothes under protective clothing during the construction of final visual or other short-duration visits into the regulated area during times which asbestos is not being disturbed and gross debris is not present. In El Portal Elementary School
2600 Moraga Road, San Pablo, CA
19 these situations, approved by the Owner’s agent/site representative, the authorized person shall deposit the protective clothing on the dirty side of the decontamination system and may proceed through the shower and clean room wearing the clothes they wore under their protective clothing.
SECTION 11. WORKER DECONTAMINATION ENCLOSURE SYSTEMS
Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. Enclosure systems may be constructed out of metal, wood or plastic support as appropriate. Plans for construction, including materials and layout, shall be submitted as shop drawings and approved, in writ ing, by the Owner or its representative prior to work initiation. Detailed descriptions of portable, prefabricated units, if used, must be submitted for the Owner's approval. The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, separated from the work area by airdock. The airdock shall be, at least, three feet square. All fabricated units shall have, at least, two layers of 6 mil poly sheeting.
All decontamination units and pressure differential units outside the building shall be covered with a 2"x 4" wood studs and ½" plywood enclosure for security. Pressure differential units shall be secured as necessary to the building or ground. Exhaust openings shall have metal grates to preven t objects from being put into the exhaust openings. Pressure differential exhaust shall be exhausted to an area acceptable to the Owner or Owner’s agent/site representative.
Entry and exit from all air locks and decontamination enclosure system chambers shall be through doorways designed to restrict air movement between chambers when not in use. The dirty side shall have an extra layer of 6 mil poly sheeting on the floor as a "boat layer" and it shall be replaced at least daily.
Th clean room shall be sized and equipped to adequately accommodate the work crew. Lighting, heat and electricity shall be provided as necessary for comfort. This space shall not be used for storage of tools, equipment or materials (except as specifically designated), or as offi ce space.
Shower room shall contain one or more showers as necessary to adequately accommodate workers. The shower enclosure shall be constructed to ensure against leakage of any kind. In addition, the shower shall be a separate unit from the decontaminat ion unit walls. The shower unit cannot be made from poly. Metal or hard plastic is acceptable. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be drained, collected and filtered through a system with at least 5.0 micron particle size collection capability.
The shower pan in the shower chamber shall be, at least, 3' x 3' in size. The shower chamber shall be constructed so that no water from the shower can spray out of the chamber, nor any water run down the sides of the poly and miss the pan. The shower chamber dimensions shall be determined by the size of the shower pan but are not to be smaller than 3' wide by 3' long by 6' tall. At least one shower shall be provided for each 10 workers. A minimum of two showers will be required for more than 10 workers.
Each decontamination chamber shall have, at least, a 4" lip of poly from the floor up the wall to prevent possible transfer of water and debris between chambers. Excess poly at the corners of this floor is to be fitted to the sides of the chamber by folding poly and taping, as opposed to cutting away excess poly and taping seams. In addition to this 4" lip of poly the shower chamber shall have an overflow pan, in which the shower unit sits, that is capable of holding 2" of water. The filter system and any hose connections transferring contaminated water shall be located in a secondary containment, such as a metal pan. Any leakage shall be double-bagged or re-filtered.
Unless otherwise specified in the scope of work, the minimum size of the decontamination chambers shall be the following:
Clean Room 5' x 6'
Shower 3' x 3'
Dirty Room 5' x 6'
Air Locks 3' x 6' (If five chambers are specified)
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
20 Abatement work will be stopped if decontamination unit is not kept in acceptable condition.
Storage or consumption of food and/or beverages shall not be permitted inside the containment or within any of the decontamination chambers. Food or drink consumption within containment will result in the abatement worker(s) dismissal from the site for the duration of the project.
SECTION 12. WORKPLACE ENTRY AND EXIT PROCEDURES
All workers and authorized personnel shall enter the work area through the worker decontamination enclosure system.
All personnel who enter the work area must sign the entry log, located in the clean room. This log shall have space for the workers name, social security number, time in, time out, and be identified with the project name, date, and containment location.
All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including workplace entry and exit procedures) and emergency procedures. A sign- off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry.
All personnel shall proceed first to the clean room (or area), remove all street clothes and don appropriate respiratory protection and disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be worn, as appropriate. Clean respirators and protective clothing shall be provided and utilized by each person for each separate entry into the work area.
Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area.
Before leaving the work area all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet-wiping procedures. (Small HEPA vacuums with brush attach- ments may be utilized for this purpose.) Each person shall clean bottoms of protective footwear in the walk-off pan just prior to entering the equipment room.
Personnel shall proceed to equipment room where they remove all protective equipment except respirators.
Deposit disposable clothing into appropriately labeled containers for disposal.
Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area.
This footwear shall be cleaned prior to being removed from the work area. Placing footwear in two 6 mil poly bags is sufficient for moving from one containment to another, but not for moving from one site to another.
Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and the exposed face area under running water prior to removal of respirator, then shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures.
After showering and drying off, proceed to the clean room and don clean disposable clothing if there will be later re-entry into the work area, or street clothes if it is the end of the work shift.
These procedures shall be posted in the clean room and equipment room.
SECTION 13. DIFFERENTIAL AIR PRESSURE SYSTEMS
Part 13.1 - Negative Pressure Requirements
Negative pressure shall be maintained at 0.03" water differential at all times during abatement activities, including entry/exit and bag out procedures. Contractor shall assign crew members to determine cause of loss of pressure any time containment’s negative pressure drops below 0.03" water differential. All work will be stopped in any containment for which the negative pressure drops below 0.025" water differential, until El Portal Elementary School
2600 Moraga Road, San Pablo, CA
21 problem is resolved and pressure returns to 0.03" water differential or better.
In the event that containment cannot be brought u p to 0.03" water differential, abatement contractor must increase number of negative pressure differential units until 10 air changes per hour is taking place. If this fails to raise negative pressure to acceptable levels, Contractor may request in writing a reduction in negative pressure requirements. If Owner’s agent/site representative agrees that Contractor has tried all possible remedies, Owner’s agent/site representative may grant reduction in negative pressure requirement. Owner’s agent/site representative is under no obligation to grant this request.
All negative pressure units installed, but not operating, must be sealed at both the exhaust location and the intake of the machine. This will prevent back draft which could allow asbestos fiber contamination from the HEPA filter.
Part 13.2 - DOP Testing
Contractor shall provide differential air pressure systems for each work area in accordance with Appendix J of EPA "Guidance for Controlling Asbestos-Containing Materials in Buildings," EPA 560/5-85-024.
All HEPA filtered systems used on this project shall be tested and certified by an independent company, approved in advance by Owner’s agent/site representative, on -site and prior to use. All vacuums and pressure differential units shall meet ANSI Z9.2, using an appropriate testing agent. Documentation of these tests shall be provided to the Owner’s agent/site representative prior to the use of any HEPA system.
DOP, or equivalent, testing must be conducted on -site, unless stated otherwise in the Scope of Work. All HEPA filtered units, including but not limited to, vacuums, air pressure differential units, and make-up air filters must be tested onsite. Testing of air pressure differential units must include testing of the wheel attachments, control panel, and seam and rivets of the housing, as well as the HEPA filter itself. A unit which passes DOP testing across the filter, but which fails testing for any component of the housing may be certified as an “Exterior of Containment HEPA Filtered Unit” only.
All HEPA equipped equipment to be used on the project must be delivered to the site empty of all debris, clean and free of dust, and in full operating condi tion. Covering dirty units with poly, other than the HEPA filter surface, will not be acceptable.
DOP or equivalent testing must be conducted by an independent testing company approved in advance by Owner’s agent/site representative Contractors may not test their own equipment.
DOP or equivalent testing is required when any HEPA filters are changed.
All HEPA filtered machines, including but not limited to vacuums and negative pressure differential machines, shall be utilized in the manner in which they were DOP tested.
Any negative pressure unit turned upside down, or on its side, must be returned to an upright position and re- DOP tested. Negative pressure units shall not be used on this project while laid on their side or upside down.
In case of a power outage, Contractor must seal exhaust ducts against back draft into containment.
All negative air units will have the filter sealed with poly and tape before being shutdown to prevent back drafting.
Part 13.3 - Differential Pressure Recording Requirements
Differential air pressure shall be continuously monitored by Contractor using a recording instrument, Dwyer Instrument Co., "Photohelic Gauge" or equivalent, connected to an appropriate circular chart recorder or a comparable recorder that maintains a record of dates, times and pressure differentials. The location of the pressure measurement tap shall be approved in advance by the Owner’s agent/site representative. During the operation of the unit, circular charts shall be collected on a dai ly basis, dated, and signed by an OSHA Competent Person present on site. Pressure differential shall be checked a minimum of every hour during the work shift by a person familiar with the operation of the pressure-differential-filtration units, as well as the El Portal Elementary School
2600 Moraga Road, San Pablo, CA
22 recording device. Each check shall be documented with a time and date notation on the circular chart and "Manometer Readings" form along with the initials of the person performing the check. A copy of the circular chart record shall be submitted to the Owner’s agent/site representative on a daily basis. The circular chart shall record time, date, pressure differential, coordinates, and location.
In the event the manometer recording mechanism fails, the Contractor shall be responsible for manually recording the pressure differential at fifteen (15) minute intervals. The log shall be kept until the recording device is operational. The log shall be provided to the Owner’s agent/site representative on a daily basis.
The "Manometer Readings" form shall be a record of dates and times of pressure readings and instrument stability.
Connect recording instrument to an audible alarm which will activate at pressure differential of-0.025 inches water gauge air pressure. Defective or non -operating instrumentation may require temporary stoppage of work until instrumentation is replaced.
For larger projects at least one manometer station shall be in place for each 25,000 square feet of containment space.
Part 13.4 - Differential Pressure System
Selection of pressu re differential unit (PDU) air exhaust locations and avenues shall require careful consideration with regard to the work being performed and needs of the owner. Unless there is no viable alternative all air exhaust from PDU’s shall be directed out of the b uilding. This is expected to be accomplished through use of a temporary duct system (flexible or rigid) provided by the Contractor, or permanent, dedicated exhaust duct systems present within the building. The first choice should always be to direct PDU air exhaust out of the building through Contractor supplied ducts. The first alternative would be to use an existing dedicated exhaust duct system located within the building. The second alternative would be to direct exhaust air into an above ceiling space with no applied fireproofing, loose insulations or un - jacketed fiberglass insulation on building systems. The third and most undesirable alternative would be to allow exhaust from pressure differential air systems to remain within the buildings occupied spaces. The three alternatives may only be utilized with approval of the owner.
When directing exhaust to a building’s exterior through the use of temporary supplied duct, the Contractor shall select a path of travel (if applicable) for these ducts which does not impede building occupants or other trades, result in creation of a hazard to building occupants, or restrict the closing of entry and exit doors to the building. The exhaust opening must not be within 10' of any air intake vents, open windows or open doors, and must not be directed at paths of travel into or out of the building.
When utilizing a dedicated exhaust duct system present within the building the system must be investigated to determine its capability of handling the volume of exhaust air expected to be produced by the pressure differential system. Sufficient air volume of the existing dedicated exhaust duct system should have a minimum of 5X but preferably up to about 10X the total volume capacity of the exhaust of the pressure differential air system. For example, if a single 2,000 cfm PDU is to be used, the dedicated exhaust fan system which will exhaust the air produced by the PDU should be capable of handling about 10,000 cfm of total exhaust air capacity. Use of permanent dedicated exhaust duct systems may also require sealing of adjacent registers in the same exhaust system to allow the PDU exhaust to make up the difference in exhaust volume.
The owner shall provide approval prior to the contractor utilizing any permanent dedicated exhaust systems which might be considered, since the dedicated exhaust systems will be required to operate at all times the pressure differential air system is operable, and sealing any adjacent registers may not be acceptable. It is critical to note that a dedicated exhaust system is not the same as a return air duct system which re-circulates air from a given building space back to the HVAC fan unit and ultimately is supplied back to the work space.
Return air duct systems will not be allowed for exhaust from PDU’s.
Directing PDU air exhaust into an attic or above ceiling space may only be utilized in specific conditions and is limited to attic spaces with only exposed wood, metal or concrete undersides of roof or flooring systems.
The space may not under any circumstances have any existing known or assumed asbestos containing materials present regardless of their condition. The attic or above ceiling space may also not contain any El Portal Elementary School
2600 Moraga Road, San Pablo, CA
23 applied fireproofing, loose insulations or un-jacketed fiberglass insulation materials which could be dislodged from the force generated by any exhaust air.
Regardless of the exhaust system utilized, the system and its components shall be inspected daily by the Contractor to ensure compliance with the requirements of this specification, remains in good repair and is otherwise not compromised in any way which could negate its designed purpose. Any deficiencies found in the system being used shall be repaired immediately and if necessary all work will cease until those repairs can be accomplished.
The work area shall have a differential air pressure of -0.030 inches water whenever the work is being performed including removal, gross clean-up, encapsulation of surfaces, bag-out operations and worker entry and exit procedures. If pressure differential ever drops below 0.025 inches water differential, all work, other than cleanup of waste on the floor of containment, must be halted until reason for pressure differential drop has been determined and corrected.
Only unused pre -manufactured, reinforced flexible ducts shall be used within the containment area for exhausting of filtered air. Contractor may not construct ducts using poly or other materials.
All interior of containment PDU’s and flexible ducts must be wrapped in poly during all abatement activities.
This poly wrap is to be removed after “finish detail” work has been completed, but prior to clearance visual.
Flexible ducts must be supported by solid surface at point of exit from containment. This may require Contractor to install plywood, or similar, structure for exhaust point.
SECTION 14. EXECUTION, WORK SCHEDULE
Part 14.1 - Execution
Contractor and Owner’s agent/site representative shall investigate the work area and agree (in writing, if necessary) on the pre-abatement condition of the work area.
Contractor shall post danger signs meeting the OSHA specifications at locations and approaches to locations where airborne concentrations of asbestos may exceed ambient background levels.
When electrical supply within area of abatement poses a hazard, Contractor, in conjunction with the Owner, shall shut down and lock out electric power to all work areas. Contractor shall provide temporary power and lighting sources, ensure safe installation (including ground faulting) of temporary power sources and equipment by complying with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. Contractor shall have a licensed electrician shut down and lock out electric power, and setup temporary power and lighting sources. All cost of electricity shall be paid for by the Owner unless specified differently in the Scope of Work. Cost for set-up of temporary power is the responsibility of the abatement contractor unless specified differently in the Scope of Work.
When plumbing is required to be altered or becomes damaged, Contractor shall have a licensed plumber disconnect and cap all water as necessary within the work area. Water shall be provided by the Owner from a location near the work area, but not necessarily within the work area.
Shut down and lock out all heating, ventilating and air-conditioning-system (HVAC) components that are in, supply, or pass through the work area. Seal all intake and exhaust vents in the work area with tape and 6-mil polyethylene within the work area (interior) and on the exterior of the building. Also seal any seams in system components that pass through the work area.
Pre-clean all fixed objects in all work areas using HEPA-filtered vacuums and/or wet-cleaning techniques as appropriate and deemed necessary by the Owner’s agent/site representative. Careful attention must be paid to machinery behind grills or gratings where access may be difficult but contamination significant. After pre- cleaning, enclose fixed objects in 6-mil polyethylene sheeting and seal securely in place with tape.
Pre-clean all surfaces in all work areas using HEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not disturb asbestos-containing materials during the pre-cleaning phase.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
24 Unless otherwise stated in the Scope of Work or by agreement with the Owner’s agent/site representative Project Manager all non-asbestos-containing materials left in the work area shall be covered by two layers of 6-mil polyethylene sheeting. If any non-asbestos containing materials become contaminated with asbestos during removal activities these materials shall be disposed of as asbestos -containing materials by the Contractor. The Owner’s agent/site representative shall determine the friability of these materials prior to disposal. These materials shall be manifested appropriately.
Contractor shall seal all windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers, skylights and other openings between the work area and uncontaminated areas outside of the work area. These openings must be sealed with 6 -mil polyethylene sheeting and tape. These protective layers shall be in addition to the two polyethylene layers on floors, ceilings and walls. These openings are referred to as critical barriers. Seal all cracks in critical barrier areas with tape, caulk, or foam prior to sealing critical barriers.
A critical barrier only, negative pressure check shall be required prior to the set -up of interior containment.
Prior to the Contractor covering critical barriers with additional layers of wall, floor, or ceiling poly, the installation and integrity of critical barrier seals must be approved by the Owner’s agent/site representative.
Wall, floor and ceiling poly installed prior to the critical barrier negative pressure check shall be removed by the Contractor if deemed required by the Owner’s agent/site representative in order to properly test critical barriers.
All items attached to asbestos-containing materials and items which cannot be removed without disturbing asbestos-containing materials shall be removed by the Contractor after establis hment of containment and negative pressure. If these items are to be “saved and returned” or “reused” by the Owner, the Contractor must remove and clean them without damage. These items must be cataloged using the attached “Return Item Inventory Sheet” provided by Owner’s agent/site representative
Contractor shall cover floors in the work area with polyethylene sheeting. Floor shall be covered with a minimum of two layers of 6-mil polyethylene sheeting. Plastic shall be sized to minimize seams. A distance of at least six (6) feet between seams is sufficient. DO NOT locate any seams at wall/floor joints. Floor sheeting shall extend at least twelve inches (12") up the sidewalls of the work area. Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. A layer of 10-mil polyethylene sheeting and/or plywood may be required by the Owner’s agent/site representative to protect certain flooring materials -- carpets, hardwood floors, tiles, etc. At no time will w all or ceiling materials be permitted to be dropped onto unprotected floors. This includes areas where the floor surfaces contain asbestos.
Contractor shall cover walls in the work area with polyethylene sheeting. Walls shall be covered with a minimum of two layers of 4-mil polyethylene sheeting. Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least six feet (6'). DO NOT locate any seams at wall/floor joints. Wall sheeting shall overlap floor sheeting by at least twelve inches (12") beyond the wall/floor joint to provide a better seal against water damage and for pressure differential maintenance. Wall sheeting shall be secured adequately to prevent it from falling away from the walls. This may require ad ditional support/attachment when pressure differential systems are utilized.
Contractor shall cover ceilings in the work area with polyethylene sheeting. Ceilings shall be covered with a minimum of two layers of 4 mil polyethylene sheeting. Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least six feet (6'). DO NOT locate seams at wall/ceiling joints.
Ceiling sheeting shall overlap wall sheeting by at least twelve inches (12") beyond the ceiling/wall joint to provide a better seal against water damage and for pressure differential maintenance. Ceiling sheeting shall be secured adequately to prevent it from falling away from the walls. This may require additional support/attachment when pressure differential systems are utilized.
The Contractor shall add clear sight windows in the containment walls at least 1' x 2' in size. The Owner’s agent/site representative will approve quantity and placement of these inspection windows. Owner’s agent/site representative has the right to require more clear sight windows or require placement of windows to be altered.
The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA-filtered vacuum and/or wet-cleaning techniques as appropriate. A walk- El Portal Elementary School
2600 Moraga Road, San Pablo, CA
25 off pan shall be located in the work area just outside the equipment room. A six-mil. disposal bag or a drum lined with a labeled 6-mil polyethylene bag for collection of disposable clothing shall be located in this room.
Contractor shall obtain written containment visual clearance from Owner’s agent/site representative prior to the start of abatement in any and all containments.
Contractor is not responsible for normal tape damage due to tape requirements for containment set-up, unless specifically mentioned in the Scope of Work. Contractor is responsible for excessive tape damage and damage from spray glue application, staples, nails, hooks, etc. installed to support containment.
Install and initiate operation of pressure differential equipment as needed to maintain differential-air pressure of -0.030 inches of water. There shall be a sufficient number of differential air pressure units to maintain a minimum of four air changer per hour. All pressure differential units shall have pre-filters at the intake of the system which must be changeable from inside the containment area. Openings made in the enclosure system to accommodate these units shall be made airtight with tape and/or caulking as needed. They shall NOT be exhausted into occupied areas of the building. Twelve inch (12") extension ducts shall be used to reach from the work area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to ensure that the ducts does not release fibers into uncontaminated building areas.
All flexible ducts, protected by poly during abatement or not, pre -filters and intermediate filters shall be manifested and discarded as friable, hazardous asbestos-containing materials. A flexible tube may be used for multiple containments on the same job as long as it is moved from one containment to another in two 6 mil poly bags.
Once the containment has been constructed and reinforced as necessary with pressure differential units in operation as required, the Contractor shall test the enclosure for leakage utilizing smoke tubes. The containment shall be repaired or reconstructed as needed.
All HEPA systems used on this project shall be tested and certified onsite by an independent company prior to use. (See section 12)
Contractor shall submit logs documenting filter changes for each pressure differential unit.
Contractor shall clearly identify and maintain emergency and fire exits from the work area.
Work shall not begin each day until:
a. Enclosure systems, or modifications thereof, have been designed and built by the Contractor and each step approved by the APM. If design of containment is to be altered in any way, after it is approved by the Owner’s agent/site representative, a written explanation of how and why the containment is to be altered must be submitted to the Owner’s agent/site representative for approval.
b. Pressure-differential systems are functioning according to an acceptable design. c. All pre-abatement submissions, notifications, postings and permits have been provided and are satisfactory to the Owner or its representative.
d. All equipment for abatement, clean-up and disposal is on hand. e. All worker training (and AHERA certification) is completed and documented. f. The Contractor has installed all required clear transparent view ports made of plastic or equivalent, in the polyethylene wall so that activities can be visually monitored by the Owner’s agent/site representative from outside t he containment. This window shall measure approximately 1' wide by 2' high. It shall be installed at a location approved by the Owner’s agent/site representative. It is recognized that viewing ports are not possible in all locations. g. All pressure-differential units and vacuums have received and passed onsite DOP testing. h. Contractor has at least one competent person at each site in which work is taking place.
I. All necessary documents and information have been posted or are on the work site.
See Section 2.
Part 14.2 - Power Outage Procedures
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
26 The following procedures shall be followed in the event of a power outage (no matter the source of the outage):
1. Immediately stop abatement activities.
2. Wet all debris and/or friable materials within the containment.
3. Depart containment area as soon as reasonable. Shower out or use Hudson sprayers to decontaminate worker if shower is inoperable due to power outage.
4. Seal containment area including:
A. Decontamination units
B. Makeup air ports
C. Bag out chambers
D. Negative pressure air exhausts or inlets (must be sealed in a fashion that will allow for exhaust of air to occur when power is restored) E. Re-establish APD before starting abatement
Contractors will be given credit against liquidated damages for all actual down time plus two hours for shut down procedures, decontamination procedures and start up, (total of 6 hours) unless power outage is attributable to abatement contractor actions.
If a generator is required in the specifications, made necessary due to extended power outages, or chosen to be used by the abatement contractor the following issues must be addressed:
1. Generator must not violate any local noise ordinances nor disturb adjacent building occupants.
2. Generator exhaust must not be allowed to contaminate the makeup air being pulled into the containment. It must, also, not be allowed to mix with HVAC air supplied to adjacent occupied buildings.
Part 14.3 - Work Schedule
Contractor shall schedule work as required to meet the needs of the project. During progress of work, it shall be the Contractor's responsibility to inform the Owner’s agent/site representative 48 hours or earlier of any and all work shifts to be performed. If at least 48 hours’ notice is not given, the proposed work shift may be canceled by the Owner’s agent/site representative.
Contractor shall be responsible for informing the Owner’s agent/site representative in writing at least 48 hours or earlier prior to the proposed addition of any off hours work, work expected to include more than one shift per day, or extend beyond 10 hours in a shift. If 48 hours’ notice is not given, work shift may be canceled by the Owner’s agent/site representative. The Owner’s agent/site representative reserves the right to deny any changes in the work schedule.
If the Contractor wishes to work on a Federal or State holiday, more than five days a week, or more than 9 hours a day, Contractor becomes responsible for cost of project management fees to cover extended hours.
If Contractor fails to appear on-site without notifying Owner’s agent/site representative at least 24 hours in advance of a scheduled work shift, the Contractor becomes responsible for all Owner’s agent/site representative travel fees, on-site time fees, and other associated project management fees for that day.
At no time shall a work shift extend beyond 12 hours in a day.
SECTION 15. REMOVAL PROCEDURES
Wet all asbestos-containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne -fiber concentrations when the material is disturbed. Saturate the material to the substrate; however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. Maintain high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of asbestos -containing materials El Portal Elementary School
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27 but shall none-the-less be used in all cases.
Saturated asbestos-containing material (ACM) shall be removed in manageable sections. Removed material should be containerized immediately. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. Gross debris shall be cleaned up and bagged prior to end of each shift.
Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor.
Containers (6 mil poly bags or drums) shall be sealed when full. Double bagging of waste material is necessary. Bags shall not be overfilled. They should be securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or by taping in gooseneck fashion. Do not seal bags with wire or cord.
Asbestos-containing waste with sharp-edged components (e.g., nails, screws, metal lath, tin sheeting) will tear the polyethylene bags and sheeting and shall be placed into drums or burlap bags and then poly bags (at least 6 mil’s thick) for disposal.
After completion of all stripping work, surfaces from which asbestos-containing materials have been removed shall be wet-brushed and sponged or cleaned by some equivalent method to remove all visible residue.
After the work area has been rendered free of visible residues (and verified clean by the APM), a thin coat of a satisfactory encapsulating agent shall be applied to lock-down non-visible fibers on all surfaces in the work area including structural members, building components and plastic sheeting on walls, floors and covering non-removable items, to seal in non-visible residue.
SECTION 16. WASTE CONTAINER PASS-OUT PROCEDURES
Asbestos-contaminated waste that has been containerized shall be transported out of the work area through the waste transfer airlock or through an approved pass-out arrangement.
Waste pass-out procedures shall utilize two teams of workers, an "inside" team and an "outside" team. The inside team, wearing appropriate protective clothing and respirators for inside the work area, shall clean the outside, including bottoms, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuums and wet-wiping techniques and transport them into the waste container pass-out airlock. Provisions for spray cleaning exterior of bags, equipment, and removable items shall be present in the waste pass-out.
Waste water from this operation shall be collected and filtered as required through a 1.0 micron filter. No worker from the inside team shall further exit the work area through this airlock.
The three-chamber system is utilized in the following manner. Workers inside the work area place the waste in the initial waste container, which is usually a bag. They then rinse the bag and seal it. They hand it to a worker in the dirty chamber room who inspects the bag and, if it is clean, places it in the secondary waste container. The secondary container is either another bag or a lined rigid -wall container such as a barrel or box. The worker then seals the secondary container and may attach the proper labeling. The worker places the container in the middle chamber. The worker in the clean chamber then reaches in and lifts the container into the clean chamber. The worker inspects it and if not already labeled, attaches the proper labels. The worker then passes the container to the outside worker who transports the container either to the waste transport vehicle or to a holding area. At no time shall z-flaps of transfer system chambers be taped, held or otherwise blocked open. The Contractor must not allow more than one poly airlock doorway to be open at any one time. This prevents a tunnel system and a breakdown in the isolation of the work area. Negative pressure must be maintained during all waste load-out activities.
The contract documents or the Owner’s agent/site representative may in allow a one or two chamber system to be used for some projects, as long as the liability to the client, in the judgment of the Owner’s agent/site representative is not increased. As with a three -chamber system, in a one or two chamber system, the Contractor may never allow more than one poly air flap doorway to be open at any one time. For example, a one chamber system would function in the following manner. Workers in the work area rinse and seal the El Portal Elementary School
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28 initial waste container. They hand the initial container to a worker in the load -out chamber. That worker verifies that the container is clean and then places it into the secondary container which will be either another bag or lined ridged -wall container depending on th e specifications. The load -out worker then seals the container and applies the appropriate labels. The sealed, labeled container is then passed to the outside workers who transport it to the waste transport container or holding area.
The exit from this airlock shall be secured to prevent unauthorized entry.
SECTION 17. CLEAN-UP PROCEDURE
Part 17.1 - Clean-up Procedure
Remove and containerize all visible accumulations of asbestos -containing material and asbestos - contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. DO NOT use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting.
Wet-clean all surfaces in the work area using rags, mops and sponges as appropriate. (Note: Some HEPA vacuums might not be wet -dry vacuums.) To pick up excess water and gross wet debris, a wet -dry shop vacuum with HEPA filter may be used.
Airless sprayers and water hoses shall not be used in a “power washing” fashion on any s urfaces.
Contractor shall remove each cleaned layer of polyethylene sheeting from walls and floors. Windows, doors, HVAC system vents and all other critical barriers shall remain sealed. The pressure differential units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized.
Remove all containerized waste from the work area.
Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence.
Contractor shall clean work area and conduct pre -clearance visual. Once pre -visual has been passed by Contractor, Contractor shall allow dust to settle within containment for 24 hours, then return and re-clean by HEPA-vacuuming and/or wet-cleaning all objects and surfaces in the work area again. At this point Owner’s agent/site representative will conduct the final visual. If final visual fails, Contractor must re-clean area until final visual passes. Once final visual is passed, Contractor will be instructed to encapsulate the containment area, unless encapsulation of containment has been disallowed in the Scope of Work or material specific specification.
Contractor may request a reduction in the 24 hour waiting period, if personal samples collected during the abatement work and detail clean-up work have shown fiber levels below the PEL. Reduction of waiting period must be made in writing, accompanied by personal sample results from this project. Contractor must acknowledge that reduction in waiting period may result in failed clearance air samples and that retaking and re-analyzing these air samples will be at the Contractor’s expense. Reduction in waiting time will be at the discretion of the Owner’s agent/site representative and client.
Part 17.2 - Visual Clearance Criteria
The Contractor shall perform a pre-final visual of the removal area and adjacent surfaces prior to requesting that the Owner’s representative conduct a final visual inspection. The pre-final visual performed by the Contractor shall verify that all materials have been completely removed from the work area, and that the work area meets the requirements specified in Section 17.
In addition, the level of cleanliness in all work areas where asbestos has been removed shall meet the final clearance criteria established in the ASTM E1368 -90 Standard Practice for Visual Inspection of Asbestos Abatement Projects.
Upon completion of the pre-final visual inspection by the Contractor a final visual of the containment area will be performed by the Owner’s representative. The Owner’s agent/site representative will determine the El Portal Elementary School
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29 clearance criteria for the project. At a minimum, no three dimensional debris shall be left within the work area; all poly shall be wet wiped so that no visible dust or debris is left; the decontamination chambers shall be clean of all debris; the waste transfer area shall be clean of all debris; all equipment and supplies shall be clean of all debris. The Contractor shall not be released to encapsulate the containment until receiving written acceptance by the Owner’s representative stating the removal area and the containment have met the criteria of the Owner’s representative for completeness of removal and cleanliness of the containment barriers and surfaces.
The Owner’s agent/site representative will conduct the final visual inspection of the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24 hour settling period/cleaning cycle will be repeated.
Additional cleaning cycles shall be provided by the Contractor, as necessary, at no cost to the Owner until the specified clean criteria have been met.
Owner’s agent/site representative has final say on whether or not an area meets these requirements.
Following the satisfactory completion of clearance-air monitoring, remaining barriers may be removed and properly discarded as non-asbestos containing waste. If contamination exists behind these critical barriers, additional cleaning and air monitoring may be required.
Final visual will be conducted by at least one Owner’s agent/site representative. Owner’s agent/site representative may supply additional personnel for inspection in order both to speed the inspection and to more thoroughly inspect the containment areas.
Owner, Contractor and Owner’s agent/site representative shall jointly review the work area and make a damage assessment, after clearance air samples have passed and containment has been torn down.
SECTION 18. CLEARANCE AIR MONITORING
Following the compl etion of clean -up operations, the Contractor shall notify the Owner’s agent/site representative in writing that work areas are ready for final visual inspection. This notification is to be made only after Contractor foreman has made a visual inspection of his own.
After the Owner’s agent/site representative has given a final written approval of the clean-up operations, the Contractor shall proceed to "lock-down" the containment area with an encapsulant. Exception to this is for containments that are not to be encapsulated prior to clearance air testing according to the Scope of Work (i.e. floor tile only projects).
When required, clearance air sampling shall be performed following the requirements specified in Section 18 after encapsulation of the containment has taken place and a sufficient amount of time has passed to allow the encapsulant to dry. The Owner shall determine the method of analysis to be used based on the amount and type of material removed within a containment. If at a K through 12 site and the quantity of Asbestos - Containing Material (ACM) exceeds 160 square feet or 260 linear feet, analysis of air samples must be by transmission electron microscopy (TEM) per US EPA AHERA regulations.
Owner shall then arrange for an Air Monitoring Professional to sample the air in the work area for airborne fiber concentrations. Clearance-air monitoring shall proceed 24 hours after lock -down or when the area is dry, whichever is later.
Contractor may request a reduction in the 24 hour waiting period, if personal samples collected during the abatement work and detail clean-up work have shown fiber levels below the PEL. Reduction of waiting period must be made in writing, accompanied by personal sample results from this project. Contractor must acknowledge that reduction in waiting period may result in failed, or overloaded (with encapsulant) clearance air samples and that retaking and re -analyzing these air samples will be at the Contractor’s expense.
Reduction in waiting time will be at the discretion of the Owner’s agent/site representative and the Owner.
Air samples will be taken using the "aggressive" air sampling techniques described in the AHERA regulations unless noted differently in the Scope of Work for non-AHERA sites. In the case aggressive samples cannot be collected (e.g. in a dirt floor area) this will be noted in the Owner’s agent/site representative’s notes.
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30 If PCM analysis is used for clearance air samples, all clearance samples at all locations shall indicate a fiber concentration of less than or equal to 0.01 f/cc for release of the work area.
If TEM analysis is to be used for clearance air samples, then the clearance criteria shall be the same as AHERA, unless otherwise specified in the Scope of Work.
Areas exceeding these levels shall be re-cleaned and, if appropriate, re-encapsulated at no additional cost to the owner. All areas where clearance air samples fail will be re-tested.
The Contractor shall be responsible for all subsequent air sampling costs if air samples fail to meet clearance criteria levels. This cost includes four hours of time for Owner’s agent/site representative personnel to collect the air samples and the cost of laboratory analysis.
SECTION 19. MONITORING
Owner reserves the right to perform air and performance monitoring at any time.
Contractor shall provide personal air monitoring in accord with OSHA regulations. Results shall be made available to the Owner’s agent/site representative within 72 hours of collection. Hard copies of these results shall be supplied to the Owner’s agent/site representative within 7 days of collection. Failure to supply these sample results in specified time may cause work to be stopped until all delinquent results have been submitted. Loss of Contractor work time because of non-compliance with the provisions of this paragraph will not extend the date for work completion.
Owner’s agent/site representative may take air samples prior to, during, and after the project. Work shall not be considered complete until all air sampling has been completed and satisfactory levels have been obtained. "Satisfactory levels" shall be those established by AHERA, unless more stringent requirements have been identified in any other section of this Specification.
In areas where s oil contamination may be present, soil samples must meet specified criteria in any other section of this Specification prior to clearance air samples collection.
Owner, or Owner’s agent/site representative, shall be authorized to issue a STOP WORK order w henever Contractor's work or protective measures are not in accord with published regulations or contract specifications.
SECTION 20. DISPOSAL PROCEDURES
Part 20.1 - Disposal Procedures
Waste transport and disposal personnel must wear at least half mask HEPA-cartridge type respirators when handling intact sealed bags. If any bags are broken or if visual debris is observed, powered air respirators (HEPA-filtered) must be worn.
Disposal bags shall be of 6 mil poly, pre-printed with labels as required by CDPH, Toxic Substance Control regulations.
Disposal drums shall be metal or fiber board with locking ring tops to be used only if required and/or allowed by selected dump site.
Stick-on labels as per OSHA and Cal/EPA requirements for disposal containers shall be provided. All containers shall be labeled in accordance with Cal/EPA regulations that require a "Caution" label and a "Hazardous Waste" label with the generator's name, address, and Manifest Document number.
As the work progresses, to prevent exc eeding available storage capacity on site, sealed and labeled containers of asbestos -containing waste shall be removed and transported to the prearranged disposal location.
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31 Disposal must occur at an authorized site in accordance with regulatory requiremen ts of NESHAP and applicable State and Local guidelines and regulations, including the California State Department of Health Services, Toxic Substances Control Division.
Transport vehicles shall be marked with the sign prescribed by OSHA during loading and unloading to warn people of the presence of asbestos.
All dump receipts, trip tickets, waste manifests, NESHAP Waste Shipment Record (WSR) and other documentation of disposal shall be delivered to the Owner, for its records. The WSR is not required if the cubic yards of asbestos-containing waste is indicated on the Waste Manifest. The manifest should be signed by the Owner, the hauler, and the Disposal Site Operator as the responsibility for the material changes hands.
If a second hauler is employed, his name, address, telephone number and signature should also appear on the form.
The WSR, if used, shall be signed by the Owner or its agent and the disposal site operator.
All manifests shall have asbestos waste identified as: "RQ, Asbestos, 9 NA2212, III". This requirement may be changed as new regulations are issued. See "Waste Disposal" requirements at end of "General Requirements".
All manifests shall be accompanied by a "Notice and Certification". A signed copy of this must be provided to the Owner or its agent.
Part 20.2 - Transportation to the Landfill
Once drums, bags and wrapped components have been removed from the work area, they shall be loaded into an enclosed (solid walls, ceiling and floor) truck or waste container, which has been lined with 6 mil poly sheeting (walls and floor).
When moving containers, utilize hand trucks, carts and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading.
Personnel loading asbestos-containing waste shall be protected by disposable clothing including head, body and foot protection and, at a minimum, half-face, air-purifying, dual cartridge respirators equipped with high- efficiency filters. Any debris or residue observed on containers or surfaces outside of the work area resulting from clean-up or disposal activities shall be immediately cleaned up using HEPA filtered vacuum equipment and/or wet methods as appropriate.
No waste containers shall be on site which contain other hazardous waste, or hazardous waste from any other source or job site. Waste from multiple sites of the Owner within the same waste container is acceptable; however, it must be manifested separately.
If Contractor is storing waste from various sites of one owner, all transportation vehicles shall be covered by the same regulations as the waste container or truck being used to haul the waste to the dump. If equipment or supplies are to be left in vehicles during hauling of waste to waste container or truck, waste and equipment/supplies must be separated by a solid (wood or metal) barrier which has been sealed as a critical barrier. A poly wall barrier is not sufficient.
Waste container, truck, or storage bin must be locked at all times except when being filled.
It is the Contractor's responsibility to see that all waste containers, trucks, and storage bins arrive on site completely free from debris.
The contractor shall provide a weight receipt that identifies the net weight of the material being discarded.
Part 20.3 - Disposal at the Landfill
Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos-containing waste.
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32 Bags, drums and components shall be inspected as they are off -loaded at the disposal site. Material in damaged containers shall be re-packed in empty drums or bags as necessary. (Local requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agency and institute appropriate alternative procedures.)
Waste containers shall be placed on the ground at the disposal site, not pushed or thrown out of the trucks (weight of wet material could rupture containers).
Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half-face, air-purifying, dual cartridge respirators equipped with high-efficiency filters.
Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Poly sheeting shall be removed and discarded, along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site.
SECTION 21. PATENTS AND PREVAILING WAGES
Part 21.1 - Patents
Contractor shall pay all royalties and license fees required for the performance of the work. Contractor shall defend suits or claims resulting from Contractor's or any Sub-contractor's infringement of patent rights and shall indemnify Owner and Owner’s representative from losses on account thereof.
Part 21.2 - Prevailing Wage Requirements
The asbestos abatement contractor is fully and totally responsible at all times for compliance with payment of prevailing wage rates pursuant to provisions of the California Labor Code, for compliance with Division 2, Part 7, Chapter 1, California Labor Code, including but not limited to Section 1776; and for compliance with California Labor Code, Section 1777.5 for all apprentice able occupations.
SECTION 22. PERMITS AND FEES
If any permits are required to be issued for any of the Work to be performed by Contractor, Sub-contractor(s) or Sub -subcontractor(s) as part of the Project, it shall be the sole responsibility of the Contractor to expeditiously obtain all such permits and any costs incurred by the Contractor in obtaining such Permits shall be included within the Contract Price.
SECTION 23. SPECIFIC PROCEDURES AND REQUIREMENTS
NOTE: All Specific Procedures and Requirements listed in Section 20 shall be reviewed by the Contractor along with the Scope of Work issued for the project. If any perceived conflicts are present between the Scope of Work and these specifications or within the General Requirements specification itself, the Contractor shall ask for a written interpretation from the Owner’s agent/site representative prior to submission of his bid. If conflicts in the “Scope of Work” and this specification or with the General Requirements specification itself are discovered after the start of abatement, the more stringent specification and/or requirements will be enforced. The Owner’s agent/site representative shall make the determination as to what which requirements and/or specifications are more stringent.
Part 23.1 - General Repair of Damaged Thermal System Insulation (TSI)
Where TSI has been damaged, and it is feasible to repair the small nicks, cuts, and exposed ends, the following procedures shall be performed:
1. Piece of 4-6 mil poly sheeting shall be placed directly under the area to be worked to collect any fallen debris or repair compound.
2. Half-masks and disposable suits (at a minimum) shall be used during this work.
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33 3. The area shall be restricted to those personnel involved in the work, so posting of the accesses is required. In some cases, poly shall be used to cover the access points.
4. A HEPA vacuum must be in the immediate area to pre-clean any debris observed surrounding the damaged section, or in the event of a mishap.
5. If work is performed indoors, the ventilation system shall be off in the areas worked in to prevent fiber distribution. Ventilation supply and exhaust ducts shall be covered with poly sheeting.
6. It will be necessary to remove small sections of other insulation material, such as fiberglass, if debris from the damaged pipe covering has contaminated it.
7. In some cases HEPA vacuuming the damaged section will collect all loose, hanging, friable insulation material prior to any further repair work.
8. Very small cracks, holes, nicks, and cuts can be repaired with only a joint compound or with a single layer of wettable cloth and appropriate bridging encapsulant. Larger sections of damaged pipe covering, particularly where pipe hangers or metal channel have damaged the insulation, will require at least two layers of wettable cloth such as HardCast by Carlisle Industries.
9. Where the pipe covering cannot be removed completely from penetrations in the walls, floors, or ceilings, the pipe covering shall be removed at least 1" into the opening and sealed with a bridging encapsulant to grade. The Contractor may choose to fill large gaps with fiberglass insulation, prior to sealing with the encapsulant.
10. All of the Contractor’s materials, including poly sheeting, tape, joint compound, etc. shall be removed at the completion of the work performed.
Part 23.2 - Glove Bag Technique Requirements
Where glove bag technique is specified for removal of Thermal System Insulation (TSI), or in those areas where the Contractor opts to use glove bags, all of the following conditions must be met:
1. The Contractor shall follow the procedures recommended by the manufacturer of the glove bags, and the specifications required by Federal OSHA and Cal/OSHA regulations.
2. All critical openings shall be sealed prior to set up of the containment.
3. At least one layer of 6 mil poly must be used to fully enclose/contain the abatement area.
4. Stationary objects in the immediate area of the room which cannot be removed from the work area must be covered with at least one layer of 4 mil poly sheeting after being pre-cleaned.
5. A minimum three stage decontamination unit with a shower shall be contiguous with the containment for areas requiring removal of more than 6 linear feet of TSI, or 10 square feet of surfacing material.
6. Negative pressure shall be established and a circular graph recording manometer shall be attached to the containment per Section 13.
7. A HEPA filtered vacuum shall be in the immediate area for use in conjunction with the bags or in case of a spill.
8. Glove bags may not be used on surfaces where temperatures exceed 150 degrees Fahrenheit.
9. Glove bags may be used only once, and may not be moved or slid for removal of a second section of TSI.
10. At least two persons shall perform Class I glove bag removal as defined by Federal and Cal/OSHA.
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34 11. Before beginning the operation, loose and friable material adjacent to the glove bag operation shall be wrapped and sealed in two layers of 6 mil poly sheeting or otherwise rendered intact.
12. Where the system uses an attached waste bag, such bag shall be connected to a collection bag using a hose or other materials which shall withstand pressure of ACM waste and water without losing its integrity.
13. The Contractor shall apply a sufficient volume of amended water to all pipe covering scheduled for removal while it is enclosed in the glove bag.
14. A sliding valve or other device shall separate the waste bag from the hose to ensure no exposure when the waste bag is disconnected.
15. Prior to placement in the disposal bag, glove bags shall be collapsed by removing air within them using a HEPA filtered vacuum.
16. Upon detachment, the glove bag must be immediately placed into at least two 6 mil thick disposal bags. The disposal bags must be sealed using the "gooseneck" sealing technique.
17. Where pipes enter walls, floors, or ceilings which are not within the scope of the project, the pipe covering shall be removed at least 1" into the structure and the pipe covering end must be sealed with bridging encapsulant and/or wettable cloth.
18. If the Contractor chooses to use a Negative Pressure Glove Bag System, Negative Pressure Glove Box System, or Water Spray Process System in lieu of the traditional Glove bag System, the Contractor shall submit to Owner’s agent/site representative detailed written procedures on those systems which will be used. In addition, air sampling data, generated by the Contractor, must be provided to Owner’s agent/site representative. Owner’s agent/site representative must provide prior approval to alternate techniques and approaches to those specifications detailed here.
19. The Contractor is responsible for salvage and decontamination of all pipe system supports, hangers, brackets, saddles, etc. These items shall be inventori ed by the Contractor, and verified by the Owner’s agent/site representative before and after abatement. The Contractor will be responsible for replacement of any items lost or damaged.
20. The Contractor shall be responsible for ensuring the piping system remains adequately supported at all times. This may be achieved by readjusting existing hanger brackets as insulation is removed, or by other approved methods, such as inserting wood blocks to replace the thickness of the removed insulation.
Part 23.3 - Mini-Cube Enclosure Requirements
1. For the purposes of these specifications, "mini-cube enclosure", enclosure", "mini-enclosure", and "mini-cube" are all used interchangeably and mean the same. The mini-cube enclosure is required to be constructed whenever small sections of walls, ceilings, or pipe insulation are to be removed for electrical, plumbing, mechanical, etc., work. The purpose is to create an enclosed and controlled work environment while removing asbestos or accessing an attic space which is contaminated.
2. Enclosure walls and floors must be constructed of at least two layers of fire-rated 6 mil poly sheeting.
No visible holes, cracks, penetrations, etc. shall be within this enclosure. The upright frame shall be adjustable in order to butt the top of the enclosure to the wall or ceiling area. A single drop layer of 6 mil poly sheeting shall be put down and removed daily at the end of the work shift. For work involving removal of TSI by glove bag technique, only one layer of 6 mil poly sheeting is required for construction of the mini-enclosure.
3. Since the top of the enclosure must be open in the chamber where ceiling access will take place, special care must be taken prior to moving the enclosure. If the mini -enclosure is designed to be portable, the enclosure must be sealed at the top prior to being moved to the next location. This may be achieved by temporarily sealing the top with poly and tape from the inside.
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35 4. For access to an attic space, position the enclosure at the location to be worked. The enclosure must be butted up to the ceiling surface to form a semi -seal between the top of the enclosure and the ceiling. The enclosure can then be completely sealed to the ceiling, using tape. After a seal has been established, access into the ceiling can then proceed.
5. A HEPA vacuum shall be used to establish "negative pressure" or airflow into the enclosure. This shall be verified by using ventilation smoke tubes.
6. The following equipment and materials, at a minimum, must be present inside the mini-enclosure "dirty" chamber:
6 mil poly bag for waste.
Flashlights or drop light as appropriate.
Daily change of 6 mil poly sheeting drop layer.
Other tools needed to perform task.
Clean potable water in a Hudson-like sprayer which is labeled "Clean Potable Water Only".
HEPA Filtered Vacuum
7. The outside of the poly-flapped entry to the mini-cube must be posted with OSHA required warning signs.
8. Clean disposable coveralls must be worn entering the mini-enclosure, and must be removed prior to leaving the mini-enclosure. Depending upon the work being performed, the Contractor may choose to "double suit" in disposable coveralls. All workers shall use the Clean Room and its supplies for personal hygiene prior to exiting the enclosure.
9. For work involving removal of more than 6 linear feet of TSI, or greater than 10 square feet of surfacing material (regardless of method to be used), a shower must be attached to the mini -cube enclosure and be contiguous with the work environment, and comply with all other requirements in related sections of this Specification.
10. If there is removal of greater than 3 linear feet of TSI, or greater than 3 square feet of surfacing material (regardless of the method used), the enclosure must remain in place until a final visual is passed, and clearance air samples are collected by Owner’s agent/site representative. Where work involves less than these quantities, only a final visual inspection by Owner’s agent/site representative will be required prior to removal of the mini-enclosure.
Part 23.4 - Roofing Abatement Requirements
General Requirements
1. Except as amended here and in Section 24, Asbestos Specification/ Procedures, all other Sections of this Specification shall be followed.
2. The work shall be coordinated and scheduled when there are favorable weather conditions, such as, performing the abatement work when the forecast is for "clear skies" and no rain for three or more consecutive days. The Contractor shall remove only that amount of roofing material which can be re-roofed or covered, and secured from the weather.
Work may be halted at the discretion of the Owner’s agent/site representative if wind conditions occur which can or does cause removed roofing materials to be blown off the roof area, or beyond the El Portal Elementary School
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36 designated removal area perimeter. All roofing work shall be coordinated to allow other trades to work at the same time as long as their work is located in areas where contamination cannot occur.
No cutting, sanding, grinding, or removal of any type will take place until all preparations for removal have been completed and inspected by the Owner’s agent/site representative. This section may be amended in other sections of this Specification for this project.
The words “clear skies” are used as a means of indicating favorable weather conditions. These two words do not mean, nor are they intended to require skies be clear and free of clouds, fog, or other meteorological conditions which are not expected or forecast to produce measurable rain. The follow up requirement of no rain for three or more consecutive days is to help clarify the favorable weather condition requirement. The last sentence concerning the amount of roofing to be removed is to further instruct and direct the Contractor not to be over optimistic and create more open roof areas than can be re -roofed, secured, or properly protected from weather in case the forecast changes unexpectedly or without warning.
3. All work hours at the site shall be determined by the Owner or as defined in other sections of this Specification. Unless otherwise stated, the buildings will be reoccupied each morning Monday through Friday.
4. All work shall be coordinated with the other trades involved on this project, with central coordination being primary between the abatement Contractor and the General Contractor for the project.
However, Owner’s agent/site representative must be notified of projects in advance as stated in other sections of this Specification.
5. The Contractor shall provide all necessary equipment, tools, materials, lighting, labor, etc. to perform the work. Sufficient lighting shall be provided to illuminate the entire removal and transit areas for removal of roofing material, and for the final visual inspection by the Owner’s agent/site representative if the work is to be performed at night.
6. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used inside any building must have been DOP tested within the last 90 days. This DOP certification must be verified by Owner’s agent/site representative prior to its use.
7. The Contractor shall provide worker safety according to all OSHA regulations (Title 8), including use of tie-offs, harnesses, and lanyards. Particular attention shall be given to the placement and securing of accesses (ladders, etc.) to the roof.
8. All ladders used shall conform to Cal/OSHA requirements. The ladders shall extend at least three feet above the roof line, and shall be tied off to the building to prevent them from sliding.
Contractor Responsibilities
1. The Contractor shall be responsible for securing all exposed roof surfaces, including any roof penetrations against weather after roofing materials have been removed. Protection of the roof must be made with an impermeable barrier to prevent water from entering the building structure.
2. The Contractor will be responsible for all clean-up and costs associated with the decontamination of occupied spaces in the event of contamination of an occupied space.
3. The Contractor is responsible for any contamination of the attic space above the existing ceilings inside the buildings caused by their work, except as noted specifically in Section 24, A sbestos Specification/Procedures.
4. The Contractor is responsible for damage to the roofing substrate, and will be responsible for repair or replacement if damaged.
5. The Contractor is responsible for removal of all roofing layers and associated materials such as roofing nails, insulation, fiberboard, etc. down to the wood or metal substrate regardless of asbestos El Portal Elementary School
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37 content, unless otherwise noted in Section 24, Asbestos Specification/ Procedures. Where it is unknown how many layers of roofing materials exist , it must be assumed that there are multiple roofing layers present. The Contractor may, upon request and approval by the Owner, collect core samples of any roof to be removed for the purpose of determining its depth and structure. If coring is conducted, it is the responsibility of the Contractor to repair to industry standards using non - asbestos materials the areas affected.
6. The Contractor is responsible for removing all roofing nails, and driving in all nails used for securing the roofing substrate after roof material has been removed. The Contractor will not be required to remove silver painted or tar coating on conduit, roof jacks, heating, ventilation, and air conditioning (HVAC) equipment, flashing, etc. which will be reused by the Owner. Where flashing is to be reuse the Contractor shall carefully remove and save the flashing in an undamaged condition, unless otherwise required by the Owner. This section may be amended in Section 24, Asbestos Specification/Procedures for this project.
7. The Contractor is responsible for removal and replacement of wood block or metal supports which may be present under conduit, gas lines, piping, HVAC units, ducts, etc. in order to perform the work.
The Contractor is also responsible for temporarily installing wood blocks for any existing roof structures during the roofing removal, when it is necessary to remove existing support members to accomplish the work.
8. The Contractor is responsible for damage to all equipment and existing cables which are present on the roof. The Contractor is responsible for damage to electrical wiring, telephone lines, antenna wires, and other conduits which are present. An inspection for pre -existing conditions is the responsibility of the Contractor, but may also be conducted by Owner’s agent/site representative.
9. The Contractor is responsible for obtaining all necessary permits to perform this work, including any local permits for work in the evening/night hours.
10. Standards of cleanliness for fluted metal decks located underneath asbestos-containing roofing materials. It is possible for the abatement crew to remove the asbestos-containing roofing materials without breaking through or removing the light grey insulation material beneath it. If removal of asbestos roofing materials is performed as described above, and the insulation material remains intact, Owner’s agent/site representative can conduct a final visual for asbestos -containing debris.
Once this inspection has been completed, and the requirement for no remaining asbestos-containing debris on the roof is met, the insulation layer is removed.
At this point, asbestos is no longer an issue, and Owner’s agent/site representative will allow minor amounts of the non-asbestos debris to remain in the fluted areas of the deck. General cleaning of the flutes is conducted to a point where the amount of debris remaining is reduced to a minimal amount without having to completely clean or vacuum the flute channel.
The Owner is unaware of any potential hazard which could be caused by leaving some non-asbestos debris, and does not consider it necessary to have the flute channels detailed beyond generally clean conditions. However, if the fiberboard layer is extensively damaged during removal of the asbestos- containing materials, and asbestos-containing roofing debris cannot be distinguished from non - asbestos containing roofing materials, all flutes shall be vacuumed and cleaned as set forth in the project specifications.
Owner Responsibilities
1. The Owner is responsible for closing all windows in the building where the asbestos roofing material will be removed. This must be done prior to the asbestos abatement contractor arriving onsite for the work shift, in order to prevent delays.
2. The Owner shall also be responsible for cutting or trimming back all trees and limbs which may impact the removal of the existing roofing materials.
3. It is assumed that the buildings associated with this project have roof decking which may include any El Portal Elementary School
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38 number of construction methods which allow for roofi ng debris to sift into joist spaces, or attics located beneath areas where roofing may have previously been removed. Therefore, it must be assumed that all inaccessible and accessible attic spaces, joist spaces, and even flutes of metal decks involved with this project will become, or have already been contaminated with asbestos, and shall be noted in the Management Plan.
4. The Owner acknowledges that the removal of any roofing materials during this project will result in contamination of the attic spaces, and assumes any associated responsibilities.
General Roof Removal Instructions and Requirements
1. Removal of non -friable asbestos -containing roofing is designated as Class II work. Half -face respirators and disposable coveralls shall be used at a minimum by all workers, at all times, when within the regulated area.
2. No personnel will be allowed into the regulated area during actual removal work without proper respiratory and personal protective equipment. Work boots with hard soles are required to be worn by all abatement personnel. No athletic, street, or dress shoes are to be worn during work activities.
3. All roofing material shall be removed in an intact state to the extent feasible.
4. All roofing is to be removed wet by an amended water solution or encapsulant as necessary.
5. The abated roof area shall be HEPA vacuumed after roofing materials have been removed.
Particular attention shall be directed at the flute channels of metal decks.
Additional Requirements for Removal of Nicolite (Nicolet) Roofing Felts
1. Set up of perimeter barriers shall be extended to 30 feet from roof edge at ground level. Contractor shall be required to use barrier tape stamped with, “DANGER ASBESTOS HAZARD” in black letters on a solid red background.
2. Pre-wetting of materials utilizing amended water must attain complete and thorough penetration of the felts prior to their removal, and additional application of amended water shall be performed as necessary throughout the removal and bagging process.
Pre-Abatement Preparation Requirements
1. The Contractor shall seal all air intakes associated with the HVAC units which are on or near the roof under abatement, and at adjacent HVAC units, particularly downwind from roofing removal activity. In addition, all louvers, window mounted fan systems, attic openings, etc., shall be sealed as critical barriers. The Contractor is responsible for sealing all HVAC openings as critical barriers using one layer of 6 mil poly. These critical barriers shall be installed at the beginning of each shift, and removed at the end of each shift prior to reuse by the Owner. If the building will not be reoccupied daily, the barriers may stay in place.
The perimeter of the roof where removal is to be conducted, shall be posted with barrier tape at a distance of at least 20 feet from the edge of the removal area. This barrier tape will provide a buffer zone, and assist in the restriction of non-abatement personnel.
Poly sheeting shall be placed on the ground directly below the work area or on the adja cent roof surfaces at least 10 feet. The Contractor shall secure the poly to the ground using tape, weights, or other means to secure the poly from being picked up by wind or becoming a trip hazard. The Contractor shall secure the poly to the adjacent roof surfaces with tape, etc.
Waste containers and Waste container Preparations
1. The Contractor is responsible for inspecting all waste containers delivered to the job site for load worthiness. The Owner’s agent/site representative reserves the right to refuse any waste container El Portal Elementary School
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39 without any additional cost to the client, which upon examination, and in the opinion of the site representative, has a high probability of failure of doors, skids, walls, floors, or which contains other debris.
2. The Contractor shall be required to place footing materials of sufficient thickness, strength, and size under the casters, footings, and/or runners of waste container(s) to prevent damage of property surfaces. The Contractor is responsible for all damages to Owner's property caused by the delivery, placement, or removal of a waste container. Damaged property shall be repaired to equal or better condition than was present prior to the activity causing the damage. This section may be amended in Section 24, Asbestos Specification/Procedures for this project.
3. Unless the roofing material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust -tight chute, crane, or hoist. All waste shall be sufficiently wetted with amended water to prevent fiber release. If fiber release cannot be prevented, then the chute and bin must be within a negative pressure enclosure. In no case shall roofing materials be dropped or thrown into bins or waste containers from the roof.
Posting and Label Requirements for:
Regulated Area Entry Points and Waste container Perimeters
Access to regulated areas shall be posted as outlined by Cal/OSHA Title 8, 1529 (k)(7)(B) 1 and 2 with warning signs. Perimeters of waste container(s) shall also be posted as outlined by Cal/OSHA Title 8, 1529 (k)(7)(B) 1 and 2 with barrier tape bearing the following information:
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA
These postings are required to warn non-abatement personnel of the restricted access, and potential hazard which exists in the vicinity of the regulated areas and waste container(s).
Building Perimeter at Ground Level
Building perimeters shall be posted with barrier tape bearing one of the following descriptions:
CAUTION in black letters on a solid yellow background.
DANGER in black letters on a solid red background.
DANGER ASBESTOS HAZARD in black letters on a solid red background.
Waste Material Containers
Waste material containers, including the "burrito wrapped" material, shall have warning labels affixed in accordance with Cal/OSHA Title 8, 1529 (k)(8)(A-D).
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
Waste Disposal and Documentation Requirements
1. Roofing waste may be disposed as non-hazardous asbestos waste, in a landfill permitted to accept non-friable, non-hazardous asbestos roofing material. If the asbestos roofing material is currently El Portal Elementary School
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40 friable, or becomes friable during its removal, it shall be disposed of in a landfill permitted to accept friable asbestos waste.
It is acceptable to dispose of bagged or sealed roofing waste into open topped waste containers lined with a single layer of 10 mil poly sheeting. The Contractor shall completely enclose all roofing waste material commonly known as "burrito wrap" in the waste container using 10 mil poly sheeting. Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such a manner as to preclude the dispersion of dust. In addition to the 10 mil poly sheeting, the top of the waste container shall be completely enclosed with a tarp which is secured to the vehicle for transport or storage on-site if l eft overnight. The type of material for the tarp shall meet all requirements for transport of hazardous materials.
2. The Contractor is required to provide to Owner’s agent/site representative a copy of the "trip tickets" indicating the actual weight of waste material.
Visual Inspection Forms-Interior and Exterior (Roof Removal Shifts Only)
The Owner’s agent/site representative shall conduct visual inspections inside each building space prior to each work shift to determine existing conditions, including loose or dislodged acoustical ceiling tiles.
In addition, all interior spaces directly below the area of work shall be visually inspected by the Owner’s agent/site representative, at the end of the work shift, to inspect for roofing debris and for loose or dislodged ceiling tiles, etc.
The Contractor is responsible for all costs associated with clean-up of any debris which falls in the occupied spaces of the building.
The Contractor is responsible for providing adequate lighting during all phases of work. This includes final visual inspection by the Owner’s agent/site representative, of the removal area and adjacent surfaces impacted during the work.
The Contractor shall perform a pre-final visual of the removal area and adjacent surfaces prior to requesting that the Owner’s agent/site representative conduct a final visual inspection. The pre -final visual performed by the Contractor shall verify that all materials have been completely removed from the work area as specified, and all poly sheeting or tape placed over any vents or equipment which has been removed. The Contractor will also verify that all perimeter poly sheeting on adjacent surfaces has been picked up, and all debris generated by the roofing work such as gutters, flashing, roofing products, paper, nails, screw, etc. have been placed into the waste container.
Protection of Accessible Attic Areas
Any plumber’s plenums which may be located below areas where roof removal will take place and the roof deck is not constructed of plywood or solid sheet metal, shall be protected with poly barriers prior to work being performed. Any and all debris which may get into a plumbers plenum will be the responsibility of the Contractor and must be cleaned up by the abatement contractor. A final visu al inspection by Owner’s agent/site representative will be required prior to allowing the abatement contractor to move to the next designated removal location.
Caulking and Poly Barrier Requirements
Roof removal may cause dust and debris to enter attic areas through gaps between roof deck boards. This dust and debris could enter the interior building areas through gaps and penetrations in the ceilings. The Contractor shall caulk all identifiable gaps in the ceilings (excluding areas specified to be protected with poly barriers). Typically this will require caulking along curtain tracks, lowering lighting trim to caulk around junction boxes, and caulking gaps around the ceiling edges. The Contractor is responsible for all costs of decontamination and clearance sampling of interior areas, other than inaccessible attics and plumbing plenums, if dust and debris fallout occurs.
All caulking work shall be performed using an Owner approved, paintable material which matches the existing color of the surface, and shall be applied to industry standards with a smooth finish. Caulking must be El Portal Elementary School
2600 Moraga Road, San Pablo, CA
41 performed at least five days prior to roof removal work to allow Owner’s agent/site representative time to inspect the work completed.
Exterior corridor areas shall not require caulking, however, all grooves shall be thoroughly cleaned of debris by HEPA vacuuming immediately following roof removal. When construction of an overhang or covered walkway is such that prolonged fallout of roofing debris can be expected to occur, the Contractor shall install and maintain a poly barrier below the roof substrate until debris fallout has ceased.
Where exposed tongue and groove wood or roofing substrates are visible, which do not provide a solid barrier between the roof deck and the interior of a building exist, the Contractor may choose to install poly barriers in lieu of caulking. These poly barriers must be air tight and secured to the building surfaces. Spray glue shall not be used to attach any materials to any building surfaces. These poly barriers shall remain in place for the duration of the roof removal and roof replacement activities. During the removal of the poly barriers, the Contractor shall carefully process all asbestos debris captured, either by wetting, HEPA vacuuming, or both, to prevent loss of debris and contamination of interior spaces. The Contractor is responsible for any damages to interior surfaces, and shall repair all finishes to the Owner’s satisfaction.
Part 23.5 - Vinyl Floor Tile (VFT) & Associated Adhesive Abatement Requirements General Requirements
For the purposes of this project any direction to remove asbestos-containing or assumed asbestos-containing VFT shall include the full removal by the abatement contractor of the adjacent base cove, as well as, the adhesive/mastic used to secure the VFT and/base cove regardless of its asbestos content. Any mastic which has not been tested for asbestos content must be assumed to contain asbestos and removed by the abatement contractor prior to the performance of a final visual by the Owner’s agent/site representative, and final air testing of the containment.
Removal of more than 100 square feet of contiguous asbestos -containing VFT shall require a full enclosure/containment be constructed prior to removal. Any full enclosure/containment constructed for the purposes of removing asbestos-containing VFT, and/or the adhesive/mastic used to secure the VFT and/base cove, shall include critical barriers, a temporary poly ceiling fully connected to poly walls, a sufficient number of DOP tested negative air units to attain a level of at least -0.03" of negative air pressure within the containment, a circular recording manometer, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The filtration system must have at least a 5.0 micron particle size collection capability. Documentation of this capability shall be provided to Owner’s agent/site representative.
Whenever and wherever possible, the Contractor shall enclose multiple rooms within a building or wing into a single containment. Where rooms are joined by a common interior hallway or have a common exterior walkway, multiple spaces shall be joined together creating one containment using poly enclosures. Where multiple rooms in a building do not have a common interior hallway, multiple rooms shall be joined using a common work chamber built by the Con tractor. The common work chamber shall be constructed of wood studs and plywood sheeting for security purposes, and shall be part of the decontamination chamber.
Decontamination units and joined “common areas” outside of a building shall have lockable doors or gates created with temporary fencing for security during off-hours.
Where appropriate floor tile adhesive/mastic may be removed either by solvent or wet buffing with a solvent.
Bead blasting of materials will only be allowed with approval of Owner. Contractor must declare use of bead blasting to Owner/Owner’s Representative prior to use of this method. If a solvent is used, the negative air unit exhaust shall be directed downwind of make-up air vents a sufficient distance to preclude the re-entrainment of vapors back into the building. Any solvents used for removing adhesive/mastic shall be non-toxic, low odor, non-flammable, and compatible with the new flooring adhesive/mastic.
A safety data sheet for the solvent(s) proposed for use shal l be provided in the pre -construction submittal package, all solvent(s) must be approved by the Owner’s agent/site representative prior to their use.
Except as amended here and in the “Scope of Work” Section, all other Sections of this exhibit shall be followed. No removal of VFT, VFT adhesive/mastic, carpets over VFT, or base cove with “assumed” or known asbestos-containing adhesive shall be performed prior to the approval of the Owner’s agent/site El Portal Elementary School
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42 representative.
Contractor Responsibilities
1. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as appropriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
2. All HEPA equipment to be used on the project must be delivered to the site empty of any debris, clean, free of dust, and in full operating condition. HEPA equipment must be DOP tested at the beginning of the set-up phase and prior to installation into the containment or use on the project. Any equipment removed from the site for more than 10 working days must be DOP tested again prior to re-use on the project.
3. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
4. All poly sheeting to be used for the construction of full enclosures/containments must be f ire retardant. SDS information reflecting this requirement must be submitted prior to use.
5. All personnel used by the Contractor to conduct removal or handling of asbestos-containing waste materials must possess a current accreditation certificate as a worker or contractor/supervisor as described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
6. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of asbestos-containing material is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, staining of wall finishes, or destruction of wall surface integrity.
It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site. The Owner shall also be responsible for arming and disarming alarm systems on buildings where work will be performed.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General VFT & Adhesive/Mastic Removal Instructions and Requirements
1. For the purposes of this project, removal of VFT and associated adhesive/mastic by any method shall be performed by personnel who are properly trained and accredited to perform Class II Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the containment area during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall include half -face negative pressure respirators, full body coveralls, rubber boots, and gloves. During removal of adhesive/mastic with solvent or other organic based liquid, combination respiratory cartridges (organic vapor/HEPA) shall be worn, by workers to protect against asbestos and the solvent. Rubber gloves shall also be worn to protect workers skin from the solvent material. No street clothes or shoes shall be worn inside containment during the removal process.
3. All doors, windows, and penetrations into the room(s) shall be sealed with poly sheeting. All El Portal Elementary School
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43 ventilation systems shall be locked -out and sealed with critical barriers of either poly sheeting or plywood sheeting. No spray glue may be used on any Owner property or building surface.
4. Full enclosure of the walls and ceiling with poly sheeting will be required, no matter what method of removal is used. Support of ceiling poly will be at the discretion of the Contractor. Ceiling may be constructed of one layer of 4 mil poly sheeting. Walls shall be constructed of one layer of 6 mil poly, and include a splash guard. The splash guard shall be a minimum of 4 feet in height from the base of the wall upward.
5. Based on the size of the enclosure/containment, a three stage decontamination unit shall be put into place and be fully operable. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height.
6. Sufficient negative air units shall be installed which will provide a minimum of four air changes per hour and -0.03" air pressure differential. A manometer with an accurate circular, or equivalent recording chart must be installed and operational. The manometer chart(s) shall reflect the location, times, and dates of all measurements recorded. Once these requirements have been met and the negative pressure has been established, the Contractor shall request a pre -start visual inspection from Owner’s agent/site representative.
7. When the Contractor has passed the pre-start visual inspection, removal of base cove/boards may be conducted. Base cove adhesive shall be removed completely on hard surfaced walls where damage to the substrate will not occur, or only to a point of smoothing out high spots on walls which will become damaged due to the work to be performed. Full removal is not expected unless the Contractor is notified in writing on these types of soft substrate surfaces.
8. Sufficiently wet VFT with amended water prior to and during the removal phase of work, and place into waste containers for disposal. Acceptable methods of containing VFT waste materials include placing VFT into clear properly labeled 6 mil poly bag and deposit this bag into a lined fiberboard drum. The drum shall be sealed when filled and placed into a waste container for disposal.
9. Method of removal pertaining to asbestos-containing adhesive/mastic shall be at the discretion of the Contractor, except methods which are noted in this Exhibit that are prohibited. Hand scraping, solvents, and wet buffing with solvents are acceptable methods. If the Contractor chooses to use solvents, exhaust of negative air units shall be directed downwind as much as possible, or a sufficient length of exhaust hose will be required to prevent re-entrainment of the vapors.
10. Any solvents used for removing adhesive/mastic shall be non-toxic, low odor, and non-flammable.
A SDS for the solvent shall be provided and subject to approval by the Owner’s agent/site representative prior to use.
11. Upon completing the removal of all floor tiles and adhesive/mastic, the Contractor shall remove the splash guard from the containment walls, and conduct wet wiping on all surfaces within the containment/enclosure.
12. If a solvent was used to remove any VFT adhesive/mastic, the Contractor shall wash the floors thoroughly using a solution of trisodium phosphate (TSP), or equivalent, and water. Sufficient water shall be used for final rinsing of the floor for a clean finish.
13. It is the sole responsibility of the Contractor to reduce concentrations of any solvents used to a level which will allow new adhesive/mastic to be applied. Owner’s agent/site representative will not test the floor for PH levels, and will not attest that the solvents used have been reduced in any way.
Final Visual Inspection
1. Upon the completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove/clean additional surfaces as needed, prior to encapsulation.
El Portal Elementary School
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44 2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the completeness of materials removed from the floor area. Any three dimensional debris identified by the Owner’s agent/site representative, which can be seen using a flashlight placed on the floor and directed across the floor, shall be removed as directed with the use of a HEPA vacuum and other tools as necessary to remove the material. The Contractor shall thoroughly clean all equipment inside the containment, including all parts of the negative air units, and new pre-filters shall be installed into all negative air units.
Final Lockdown-Encapsulation
1. The asbestos contractor may encapsulate the entire containment area upon completion of the final visual inspection by the Owner’s agent/site representative, and acceptance of the work as complete.
Clearance Criteria
a. All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the containment.
Disposal Requirements
1. All vinyl floor tile waste shall be disposed as hazardous asbestos waste and will require a Uniform Hazardous Waste Manifest. Package all solvent/mastic waste created during the project in sufficient absorbent to eliminate all free liquids, and place in a D.O.T. 7A Type A approved steel drum (49 CFR 178.350). Label the drum as required, and transport to an approved Class 1 landfill with a separate Uniform Hazardous Waste Manifest and Waste Profile Documentation.
2. The Contractor SHALL NOT sign any Hazardous Waste Manifests for the Owner. It shall be the responsibility of the Contractor to notify the Owner’s agent/site representative and coordinate having any manifest properly signed by an Owner representative.
Part 23.6 - Carpet Removal over Vinyl Floor Tile (VFT)/Tile Adhesive Requirements General Requirements
The following requirements are for use when the only removal to be performed is of carpet applied over existing VFT or bare VFT mastic. If the intended removal includes the underlying materials and/or any associated base cove refer to and follow the requirements as set forth in Part 23.5 Vinyl Floor Tile (VFT) and Associated Adhesive Abatement Requirements.
For the purposes of this project any direction to remove carpet from over known or assumed asbes tos containing VFT or bare VFT mastic where the carpet is found to be directly adhered to those surfaces by carpet glues or carpet mastic the following requirements shall apply. These requirements shall be enforced regardless of the amount of floor tile/mastic expected to be impacted by the removal process.
1. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as appropriate to OSHA, EPA, or the delegated Air Qu ality Management District is the responsibility of the Contractor.
2. All HEPA equipment to be used on the project must be delivered to the site empty of any debris, clean, free of dust, and in full operating condition. HEPA equipment must be DOP tested at the beginning of the set-up phase and prior to installation into the containment or use on the project. Any equipment removed from the site for more than 10 working days must be DOP tested again prior to re-use on the project.
3. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
El Portal Elementary School
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45 4. All poly sheeting to be used for the construction of enclosures/containments must be a fire rated material. SDS information reflecting this requirement must be submitted prior to use.
5. All personnel used by the Contractor to conduct removal of carpets or handling of asbestos-containing waste materials must possess a current accreditation certificate as an asbestos worker or contractor/supervisor as described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
6. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of ACM is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, staining of wall finishes, or destruction of wall surface integrity. It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
7. Whenever vinyl floor tiles are to be removed, the base cove shall also be removed as part of the project. When the Contractor has passed the pre -start visual inspection, removal of base cove/boards may be conducted. Base cove adhesive shall be removed completely on hard surfaced walls where damage to the substrate will not occur, or only to a point of smoothing out high spots on walls which will become damaged due to the work to be performed. Full removal is not expected unless the Contractor is notified in writing on these types of soft substrate surfaces. To minimize damage to the existing paint above the base cove, the contractor shall use a utility knife to cut score the paint at the intersection of the base cove. This will allow removal of the base cove with minimal damage to the paint layer.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site. The Owner representative shall also be responsible for arming and disarming alarm systems on buildings where work will be performed.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General Carpet Removal Instructions and Requirements
1. Carpet removal shall be performed by personnel who are properly trained and accredited to perform Cal/OSHA Class II Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the containment area during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall includ e half-face negative pressure respirators with P-100 (HEPA) cartridges and full body coveralls.
3. All ventilation systems shall be locked -out and sealed with critical barriers of poly sheeting. Other penetrations such as doors, vents, etc. must also be seal ed with either tape or poly sheeting as appropriate to secure the work area. A single stage cubicle unit of appropriate size for the work to be performed shall be placed on the entrance to the room. At a minimum this unit must be 3' X 3' X 6' in height. No spray glue may be used on any Owner property or building surface.
4. A remote clean-up and decontamination unit shall be put into place in a location considered to be central to the work being performed. This decontamination unit shall be equipped with a full shower unit, overflow pan, filtration unit, soap, warm and cold water, towels, etc. as required in other sections of this specifications. Decontamination procedures will be based on the actual amount of asbestos- containing materials impacted during the carpet removal. As a guide, if more than 100 square feet of VFT are impacted during carpet removal, the personnel performing the work shall shower at the El Portal Elementary School
2600 Moraga Road, San Pablo, CA
46 end of each work period. If less than 100 square feet of VFT or VFT mastic are impacted during the process modified worker decontamination practices may be used.
5. A sufficient number of pressure differential units shall be installed which will provide a negative air flow and minimum of 4 air changes per hour. A manometer will not be required. Once these requirements have been met and the enclosure area has been established, the Contractor shall request a pre-start visual inspection from Owner’s agent/site representative.
6. When the Contractor has passed the pre-start visual inspection, removal of carpet may be conducted.
7. VFT adhered to the surface of the existing substrate will be removed from the carpet utilizing hand methods and hand tools as needed. These tiles shall be placed into waste containers for disposal.
If all VFT has been removed from the carpet the carpet may be disposed as regular waste with no restrictions. However, the carpet may not be salvaged without written authorization from the Owner.
8. Any carpet removed from bare VFT mastic and the mastic remains adhered to the carpet will require the carpet be wrapped in two layers of polyethylene sheeting properly labeled to meet Cal/OSHA requirements and disposed as a non-hazardous asbestos containing waste in an appropriate landfill permitted to accept such waste.
Final Visual Inspection
1. Regardless of the amount of VFT or VFT mastic impacted, upon the completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove/clean additional surfaces as needed.
2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the cleanliness of the work area. All surfaces, fixtures, and cabinetry exposed to the work shall be wet wiped and found to be free of existing dust and possible debris generated during the carpet removal process. Any loose or broken tiles and tile debris must be removed by the contractor prior to acceptance of the work area as complete.
3. Lockdown of the removal area will not be required.
Clearance Criteria
1. Owner’s representative will determine if clearance air samples will be required based on actual impact of VFT or VFT mastic determined by the final visual inspection. If clearance air monitoring is performed, all samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor will be the AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the containment.
Disposal Requirements
1. All vinyl floor tile waste shall be disposed as hazardous asbestos waste and will require a Uniform Hazardous Waste Manifest. The Contractor SHALL NOT sign any Hazardous Waste Manifests for the Owner. It shall be the responsibility of the Contractor to notify the Owner’s agent/site representative and coordinate having any manifest properly signed by a Owner representative.
Part 23.7 - Boiler Unit Removal Requirements
Regardless of boiler size or method of removal, the entire Boiler Room shall be wet wiped and cleaned of all visible dust, dirt, etc. prior to final visual inspection and clearance air monitoring to be performed by the Owner’s Representative. If the boiler unit is to be demolished in place full enclosure shall be required. This will include poly barriers on floors, walls, and ceilings as appropriate in addition to all other requirements set forth in this document which constitutes a full enclosure.
Removal of the unit whole will still require at a minimum the following:
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
47 1. All critical openings shall be sealed with at least one layer of six mil thick poly sheeting.
2. Negative pressure shall be established and a circular graph recording manometer shall be attached to the containment per Section 13.
3. A three stage decontamination unit with an operable shower shall be attached to the entrance of the containment.
4. HEPA-filtered vacuums and wet wiping techniques shall be used for detail cleaning of all surfaces.
5. Before beginning the operation, repairs shall be performed on any damaged thermal system insulation in the room which is not scheduled for removal or replacement during the boiler removal operation.
Part 23.8 - Sheetrock and Joint Compound Abatement Requirements
General Requirements
For the purposes of this project any direction to remove sheetrock and joint compound wall and ceiling system materials known to contain <1% asbestos as a composite material and verified by the point count method shall include the full removal by the abatement contractor of all nails, screws, or other fastening units which have visible sheetrock and/or joint compound remaining, as well as, all dust, debris, and waste generated by the removal work.
Removal of more than 100 square feet of contiguous asbestos-containing sheetrock and joint compound wall and/or ceiling systems shall require a full enclosure/containment be constructed prior to removal. Any full enclosure/containment constructed for the purposes of removing asbestos -containing sheetrock and joint compound wall and/or ceiling system materials, shall include critical barriers, a temporary poly ceiling fully connected to poly walls (as appropriate for surfaces not being removed), a sufficient number of DOP tested negative air units to attain a level of at least -0.03" of negative air pressure within the containment, a circular recording manometer, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. The filtration system must have at least a 1.0 micron particle size collection capability. Documentation of this capability shall be provided to Owner’s agent/site representative.
Removal of less than 100 square feet of asbestos containing sheetrock and joint compound wall and/or ceiling system materials shall require a full enclosure/containment be constructed prior to removal. However, the use of a two stage decon tamination unit will not be required and negative pressure requirements may be reduced to verification of negative air flow. All other containment requirements apply.
Whenever and wherever possible, the Contractor shall enclose multiple rooms within a building or wing into a single containment. Where rooms are joined by a common interior hallway or have a common exterior walkway, multiple spaces shall be joined together creating one containment using poly enclosures. Where multiple rooms in a building do not have a common interior hallway, multiple rooms shall be joined using a common work chamber built by the Contractor. The common work chamber shall be constructed of wood studs and plywood sheeting for security purposes, and shall be part of the decont amination chamber.
Decontamination units and joined “common areas” outside of a building shall have lockable doors or gates created with temporary fencing for security during off-hours.
Except as amended here and in the “Scope of Work” Section, all other Sections of this exhibit shall be followed. No removal of sheetrock and joint compound wall and/or ceiling system materials shall be performed prior to the approval of the Owner’s agent/site representative.
Contractor Responsibilities
1. Except as amended here and in Section 24, Asbestos Specification/Procedures, all other Sections of this Specification shall be followed.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
48 2. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notifi cation as appropriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
3. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used inside any building must have been DOP tested within the last 90 days. This DOP certification must be verified by Owner’s agent/site representative prior to its use.
4. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
5. All poly sheeting to be used for the construction of enclosures/containments must be fire retardant.
SDS information reflecting this requirement must be submitted prior to use.
6. All personnel used by the Contractor to conduct removal or handling of asbestos-containing waste materials must possess a current accreditation certificate as a worker or contractor/supervisor as described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
7. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of asbestos-containing material is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, staining of wall finishes, or destruction of wall surface integrity.
It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site. The Owner shall also be responsible for arming and disarming alarm systems on buildings where work will be performed.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General Sheetrock and Joint Compound Wall and Ceiling Systems Removal Instructions and Requirements
1. For the purposes of this project, removal of sheetrock and joint compound wall and ceiling systems by any method shall be performed by personnel who are properly trained and accredited to perform Class II Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the containment area during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall include half -face negative pressure respirators, full body coveralls, rubber boots, and gloves. No street clothes or shoes shall be worn inside containment during the removal process.
3. All doors, windows, and penetrations into the room(s) shall be sealed with poly sheeting. All ventilation systems shall be locked -out and sealed with critical barriers of either poly sheeting or plywood sheeting.
4. Full enclosure of the walls and ceiling with poly sheeting (as applicable) will be required, no matter what method of removal is used. Support of ceiling poly will be at the discretion of the Contractor.
Ceiling may be constructed of one layer of 4 mil poly sheeting. Walls shall be constructed of one layer of 6 mil poly.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
49 5. Based on the size of the enclosure/containment, a three stage decontamination unit shall be put into place and be fully operable. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height.
6. Sufficient negative air units shall be installed which will provide a minimum of 4 air changes per hour and -0.03" air pressure differential. A manometer with an accurate circular, or equivalent recording chart must be installed and operational. The manometer chart(s) shall reflect the location, times, and dates of all measurements recorded. Once these requirements have been met and the negative pressure has been established, the Contractor shall request a pre -start visual inspection from Owner’s agent/site representative.
7. When the Contractor has passed the pre -start visual inspection, removal of sheetrock and joint compound wall and ceiling systems may be conducted.
8. Sufficiently wet sheetrock and joint compound wall and ceiling systems to be removed with amended water prior to and during the removal phase of work, and place into waste containers for disposal.
Acceptable methods of containing sheetrock and joint compound wall and ceiling system waste materials include placing waste into clear 6 mil poly bag and seal bag with appropriate amount of tape. This bag shall be cleaned of all visible dust and deposited into a second clear 6 mil poly bag and sealed with an appropriate amount of tape using the “goose neck” method. This second bag must then be labeled with the appropriate Cal/OSHA asbestos warning label.
9. Upon completing the removal of all sheetrock and joint compound wall an d ceiling systems, the Contractor shall conduct wet wiping on all remaining surfaces within the containment/enclosure.
Final Visual Inspection
1. Upon the completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove/clean additional surfaces as needed, prior to encapsulation.
2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the completeness of materials removed. Any three dimensional debris identified by the Owner’s agent/site representative, shall be removed as directed with the use of a HEPA vacuum and other tools as necessary to remove the material. The Contractor shall thoroughly clean all equipment inside the containment, including all parts of the negative air units, and new pre-filters shall be installed into all negative air units.
Final Lockdown-Encapsulation
1. The asbestos contractor may encapsulate the entire containment area upon completion of the final visual inspection by the Owner’s agent/site representative, and acceptance of the work as complete.
Clearance Criteria
1. All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the AHERA Standard, with the average of all air samples less t han 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the containment.
Disposal Requirements
1. All sheetrock and joint compound wall and ceiling system waste may be disposed as non-hazardous asbestos waste, in a landfill permitted to accept non -friable, non-hazardous asbestos containing material.
2. Waste material containers, including "burrito wrapped" material, shall have warning labels affixed.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
50 Contractor may either use the Cal/OSHA Title 8, 1529 (k)(8)(A-D) warning:
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
3. All non-hazardous asbestos containing waste shall be tracked utilizing some form of system which at a minimum includes: date, document number, generator name and mailing address, description of the waste, waste generating site address, contractor company name and address, special handling instructions, transporter company name, as well as name and address of facility accepting the waste.
Part 23.9 - Impact to and Removal of Transite Pipe, Shingle, or Sheeting Materials
Where transite pipe, shingles, or sheeting is to be impacted or removed the following procedures shall be performed:
1. All requirements of Cal/OSHA Section 1529 and US EPA AHERA regulations apply, and shall be followed, as well as, other applicable Federal, State, and local regulations as they pertain to training, work practices, air monitoring, waste disposal, etc.
2. Personal air monitoring shall be performed in accordance with Cal/OSHA Section 1529
3. Establishment of a work area restricting access to those personnel involved in the work, and posting of the work area is required.
4. An appropriately sized drop cloth of 6 -10 mil poly sheeting sufficient in size to contain any debris generated during the removal shall be placed directly under the area to be worked to collect any fallen debris generated during the work.
5. Half-masks and disposable suits (at a minimum) shall be used during this work.
6. A HEPA vacuum must be in the immediate area ready for use.
7. Where the pipe must be cut the contractor may use any method applicable to performing the work.
Any use of hand or mechanical saws, or other method which will produce dust and will require the use of the HEPA vacuum and engineering controls which will collect any and all dust generated during the sawing process.
8. The Contractor shall apply a sufficient amount of amended water to all pipe surfaces to be impacted during the work to keep them adequately wet.
9. All of the Contractor’s materials, including poly sheeting, tools, etc. shall be properly decontaminated of visible dust and pipe debris utilizing wet cleaning methods and HEPA vacuuming prior to being removed at the completion of the work performed. Disposable materials must be properly disposed.
10. Transite waste generated may be disposed as non-hazardous asbestos waste, in a landfill permitted to accept non-friable, non-hazardous asbestos material. If the transite material is currently friable, or becomes friable during its removal, it shall be disposed of in a landfill permitted to accept friable asbestos waste.
It is acceptable to dispose of non-friable transite waste after placing it into two 6 mil thick polyethylene bags properly sealed and marked to meet current OSHA requirements.
11. The Contractor is required to provide to Owner’s Agent a copy of the "trip ticket" indicating the actual weight of waste material and the landfill accepting the waste.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
51 Part 23.10- Demolition with Selected Asbestos Containing Materials Left in Place
Under some circumstances, asbestos-containing materials may remain in or on a building during the building’s demolition. This section describes the work practices and requirements for the demolition of a building with asbestos-containing materials remaining in place in or on the structure.
All friable, Category II non -friable materials, and all Category I non -friable materials that are expected to become friable during the demolition must be removed prior to the start of the demolition process. For example, surfacing materials, pipe wrap insulation, vinyl sheet flooring and associated backings, vinyl floor tiles and asbestos cement products must be removed from a building prior to its demolition. Should there be any question as to whether or not a material may remain in or on the building during the demolition, the Contractor shall ask for an opinion in writing from the Owner’s agent/site representative. The determination of whether or not a material may remain in a building during the demolition is left solely to the determination of the Owner’s agent/site representative.
The only asbestos-containing materials that may remain in or on a building during the building demolition include non-friable materials that the local Air Quality Management District or US EPA has determined may remain in or on the building during the demolition. Approval of this method is determined by the US EPA with the BAAQMD having jurisdiction in this county. In general, this will be limited to Category I non-friable materials such as roofing, rubber cove base and associated adhesives, paint, mastics, and other adhesives.
In order to be considered for being left in or on the building during demolition, there must be a reasonable assumption that these materials will remain non-friable during the demolition.
The blac k floor mastic containing greater than 1% asbestos on the concrete may be left in place and demolished with the rest of the building as a non-hazardous asbestos waste, as long as, the materials do not become friable. The US EPA NESHAP has determined if this type of flooring mastic becomes friable during the course of the demolition, then it would be considered RACM. Removal of the concrete sections of floor containing the floor mastic using an excavator would not be considered a mechanical action that renders the floor mastic friable. Running over the concrete floor covered with the mastic using an excavator or other heavy equipment with metal tracks will render the concrete and mastic friable and shall not be allowed. The contractor can use an excavator or other heavy equipment with rubber tires on the concrete and is generally not considered to render the mastic friable. If a contractor uses a heavy equipment with metal track on this project, it will not be allowed to go onto the concrete floor that has black mastic, whether the concrete is covered with carpeting, linoleum, vinyl flooring, or other materials. All work will stop at the direction of Atlas if the contractor uses mechanical means that renders the asbestos containing materials left in place friable.
Should the building and materials meet the criteria listed above, the building may be demolished without the prior removal of those materials. However, if previously unidentified materials are discovered during the demolition process, the Contractor must stop demolition and notify the Owner’s agent/site representative of the existence of the new material. Under no circumstances may the Contractor continue to disturb the new material until the new material has been properly investigated and the Contractor given permission to proceed by the Owner’s agent/site representative.
The demolition of any building on this project with ACM, ACBM, or ACCM remaining in place must be conducted by a California licensed asbestos contractor with current and valid registration with the California Division of Occupational Safety and Health Asbestos Contractors’ Registration Unit.
The Federal Occupational Safety and Health Administration (OSHA) has defined the demolition of buildings that contain Class II materials (non -friable materials) to be Class II work. Therefore the training, work practices, and procedures of Class II work must be followed. The following requirements summarize the requirements for Class II work as listed in the Asbestos Standard for the Construction Industry (Title 8 CCR 1529) for work such as demolition where specific controls have not been listed in the standard.
The supervisor must meet the training requirements for a “competent” person for Class II work as listed in Title 8 CCR 1529 (o)(4)(A). In summary, the supervisor must be an accredited supervisor as set for in the EPA’s Model Accreditation Program (40 CFR Part 763, Subpart E). A Competent Person must be present during the course of the asbestos related work. An AHERA accredited asbestos Contractor/Supervisor meets the training and definition of a Competent Person.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
52 The workers must at a minimum meet the training requirements as listed in Title 8 CCR 1529 (8)(k)(9)(D).
In summary, they must have a minimum of eight hours of training that includes the subjects listed in Title 8 CCR 1529 (k)(9)(H).
The following procedures must be followed:
1. The work shall be performed using wet methods. At a minimum, one worker must direct a water spray onto the portion of the building being demolished. The amount of water utilized must be adequate to prevent any release of visible dust into the air. The Contractor is responsible for controlling and channeling the flow of the waste water in a manner that meets local ordinances and regulatory agency requirements. The debris generated during the demolition process must be visually wet at all times prior to and while it is being containerized.
2. Effort should be made to remove the sections of asbestos-containing materials in as intact a condition as possible.
3. Debris must be containerized as described below. Debris must be containerized or kept wet during any work breaks. No loose debris may be left on the site overnight. Any building partially impacted by the work which will not be totally demolished by the end of the day must be completely wetted prior to the end of the shift.
4. Debris must be placed in a container that can be closed or sealed with poly sheeting. The container must have the inside lined with a minimum of two layers of reinforced ten millimeter thick poly sheeting with enough sheeting remaining on all sides to allow for burrito wrapping of the load. The two layers of poly sheeting must be independently closed and sealed with tape and spray glues. This wrapped material must then be labeled with the sign described in Title 8 CCR 1529 (k)(8) DANGER,
CONTAINS ASBESTOS FIBERS, AVOID CREATING DUST, CANCER AND LUNG DISEASE HAZARD
5. Nonhazardous waste data forms for each container must be supplied to the Owner’s agent/site representative no later than the end of each day.
6. Contractor shall provide personal air monitoring for Class II as described in Title 8 CCR 1529 (f)(3)(A).
7. The Contractor shall develop a regulated area that keeps unauthorized persons out of the work area.
8. All personnel in the regulated area must wear, at a minimum, disposable clothing and a half -face respirator with P-100 (HEPA) cartridges.
9. Regardless of any exposure monitoring, the Contractor will require all workers to wear at a minimum protective suits and half-face negative pressure respirators. This requirement does not relieve the Contractor of performing personal monitoring of its workers.
Part 23.11 - Contaminated Attic Space Procedures
The District considers all existing attic spaces throughout t he District to be contaminated with asbestos containing roofing debris unless otherwise determined or reported. The District has restricted access to all attic spaces to properly trained and protected personnel. Excluded from this restriction is opening a ceiling access hatch and entering the attic space with the upper body. Physical access into an attic space which includes a person placing their entire body in the attic space with intent to access other areas of the attic space is prohibited by unprotected and untrained personnel. No entry into these spaces shall be made regardless of duration of time or intent without compliance with the requirements outlined in this Part of the project specifications.
Activities expected to take place in contaminated attic spaces most closely resemble the definition of “Class IV” work which is defined by Cal/OSHA in CCR; Title 8, Section 1529, as maintenance and custodial activities during which employees contact but do not disturb asbestos containing material (ACM) or presumed asbestos containing material (PACM).
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
53 To comply with the various regulations pertaining to this type of work in contaminated attic spaces, the following procedures are to be followed by individuals entering these areas.
1. Personnel assigned to enter contaminated attic spaces shall receive a minimum of two hours of asbestos awareness training. This training must include the following:
The possible health effects of asbestos exposure,
the types of asbestos materials normally encountered in such spaces, the known and possible hazards that may be found in such spaces, the purpose and proper use of protective clothing,
the proper selection, use, and limitations of respirators.
2. Personnel assigned to wear respirators must be included in a respirator protection program as outlined in California General Industry Safety Order 8 CCR 1544. All full body entry into an attic space with the intent to access the attic space will require use of at least a half -face negative pressure respirator with HEPA filters.
3. Prior to entry of a contaminated attic space each employee must pass a medical evaluation to ensure their fitness to wear a respirator.
4. A certified asbestos competent person must select the appropriate type of respirator(s) for the airborne asbestos levels anticipated to be encountered during such work.
5. Each employee assigned a respirator must successfully pass a qualitative or quantitative fit test prior to entry of a contaminated space.
6. A six (6) mil poly drop sheet must be placed at the entry to the space (approximately 6' X 6' in size) prior to entry.
7. Clean, potable water must be made available at the entry/exit for use to wash hands, faces, and equipment upon exiting from the space.
8. Employees entering contaminated attic spaces shall d on two (2) sets of whole body coveralls, including head and foot covering. Appropriate type gloves for the work to be conducted must also be worn.
9. Disposal bags (6 mil poly), with the appropriate labeling, shall be made available at the entry/exit for disposal of contaminated protective clothing. One bag to be placed inside the space at the exit point and one shall be placed outside the space at the exit point.
10. Personnel working in contaminated attic spaces shall be instructed not to touch or disturb any suspect asbestos debris or materials encountered. If the extent of contamination is such that the employees cannot perform their work without disturbing the material or debris, they shall exit the space until such time a certified asbestos abatement contractor has removed the material or debris and thoroughly encapsulated the area.
11. All tools or other equipment used in the course of the work shall be wiped down with clean, damp rags, prior to being removed from the space.
12. Prior to exiting the contami nated attic space, personnel shall remove their outer set of coveralls immediately adjacent to the exit point, leaving their respirator in place and dispose of the used coveralls in the waste bag.
13. Upon exiting the contaminated attic space, personnel shall remove the inner (or remaining) set of coveralls and place these in the waste bag provided for this purpose.
14. Personnel shall wash their hands prior to carefully removing their respirator and disposing of the filters in the waste bag provided.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
54 15. Personnel shall at this time wash their faces and complete the decontamination of their respirators.
Part 23.12 - Non-Friable, Non-Hazardous, Glazing Abatement Requirements General Requirements
1. Removal of non-friable, non-hazardous, asbestos-containing glazing materials shall be coordinated and scheduled to be performed when there are favorable weather conditions, such as, low winds and no rain. If possible the work should be conducted when the interior space adjacent to the removal area is unoccupied.
2. Work should be halted if wind conditions occur which can or does cause removed glazing materials to be blown off the perimeter poly sheeting, or beyond the designated removal area perimeter.
3. No cutting, sanding, grinding, or removal by any other method which will result in the glazing being crumbled, crushed, or turned in to powder is to be used without review and approval by the Owner and the Owner’s Representative.
General Glazing Removal Instructions and Requirements
1. Removal of non-friable, asbestos-containing, glazing materials, is designated as Class II work. Half- face, negative pressure respirators and disposable coveralls shall be used at a minimum by all workers, at all times, when within the regulated area.
2. All glazing materials shall be removed in an intact state to the extent feasible utilizing hand tools such as a hammer and chisel, or other implement or tool suitable for this type of work. At no time may power tools be used while following these removal requirements.
3. All glazing materials are to be pre-wet with an amended water solution or liquid encapsulant prior to removal, and as needed during removal.
4. All associated surfaces where removal of glazing has taken place shall be wet wiped and HEPA vacuumed prior to removal of the regulated area or any interior poly sheeting/critical barrier.
Particular attention shall be directed at assuring all loose debris has been cleaned from the removal surfaces.
5. Upon completion of all activities worker shall clean exposed skin with hot soap and water, and check clothing for any glazing chips. Remove chips by hand or utilize a HEPA filter equipped vacuum.
Pre-Abatement Preparation Requirements
1. The worker may either seal the interior window surface with poly sheeting to create a critical barrier, or place one layer of 6 mill poly sheeting on the floor beneath the window incase a window pane is broken during removal. These critical barriers or floor coverings shall be installed prior to the initiation of the removal work, and removed upon completion of the removal work as appropriate.
2. If the interior space must remain occupied a critical barrier must be installed on the interior surface of the window or opening where removal must occur. This may be waved and a layer of sheeting may be placed on the floor or adjacent surfaces if the interior space is going to remain unoccupied during the entire removal operation.
3. The perimeter of the work area where glazing removal is to be conducted, shall be posted with barrier tape at a distance of at least 20 feet from the edge of the removal area. This barrier tape will provide a buffer zone, and assist in the restriction of non-removal personnel.
4. Poly sheeting shall be placed on the ground directly below the work area or on adjacent surfaces for a distance sufficient to contain all debris which may be generated during the work. The poly sheeting should be secured to the ground using tape, weights, or other means to assure the poly will remain El Portal Elementary School
2600 Moraga Road, San Pablo, CA
55 in place and not be picked up by wind or become a trip hazard.
Posting and Label Requirements for:
Regulated Area
Access to regulated areas shall be posted as outlined by Cal/OSHA Title 8, 1529 (k)(7)(B) 1 and 2 with warning signs and barrier tape bearing the following information:
DANGER ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING ARE
REQUIRED IN THIS AREA
These postings are required to warn non-abatement personnel of the restricted access, and potential hazard which exists in the vicinity of the regulated area.
If an NEA indicates no respirators are required to be worn to perform the work, be sure to remove the requirement for “respirators and protective clothing”.
Work Area Perimeter
Work area perimeters shall be posted with barrier tape bearing one of the following descriptions:
CAUTION in black letters on a solid yellow background.
DANGER in black letters on a solid red background.
DANGER ASBESTOS HAZARD in black letters on a solid red background.
Waste Material Containers
Waste material containers, shall have warning labels affixed in accordance with Cal/OSHA Title 8, 1529 (k)(8)(A-D).
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
Waste Disposal
1. Glazing waste m ay be disposed as non -hazardous asbestos waste, in a landfill permitted to accept non-friable, non-hazardous asbestos-containing material as long as the removal work was performed by hand utilizing hand tools, and the materials were not crushed, pulverized, or turned into powder during the removal process. If this does occur the waste must be reclassified as friable. If the asbestos-containing glazing material is currently friable, or becomes friable during its removal, it shall be disposed of in a landfill permitted to accept friable, hazardous, asbestos waste.
Part 23.13 - Subfloor Crawl Space Dirt Removal Requirements General Requirements
Direction to remove loose surface dirt from throughout a subfloor space contaminated with friable asbestos containing material (ACM) or dust from friable ACM shall be performed within a full enclosure. All loose dirt shall be removed to as required such as “hard pack”, as defined in other Sections of the Project Documents, or determined by the Owner’s Representative in a specific “Scope of Work” to be performed related to this work.
Any full enclosure/containment constructed for removing loose surface dirt, shall include critical barriers at El Portal Elementary School
2600 Moraga Road, San Pablo, CA
56 all vents, openings, penetrations, voids, etc., a sufficient number of DOP challenge tested negative air units to attain a level of at least -0.03" of negative air pressure within the subfloor containment space and a minimum of four (4) air changes an hour, a manometer with digital readout capabilities, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
Documentation of this capability shall be provided to Owner’s agent/site representative.
Except as amended here and in the “Section 24”, all other Sections of this exhibit shall be followed which apply to creation of containments specifically or asbestos related work practices. No removal of dirt suspected of being contaminated with friable ACM or dust from friable ACM shall be performed prior to the Contractor receiving approval from the Owner’s agent/site representative.
Contractor Responsibilities
1. Except as amended here and in Section 24, Asbestos Specification/Procedures, all other Sections of this Specification shall be followed.
2. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as ap propriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
3. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used on the project must be DOP challenge tested at the site. This DOP challenge test and certification process must be verified by Owner’s agent/site representative prior to its use.
4. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
5. All poly sheeting to be used for the construction of enclosures/containments must be fire retardant.
SDS information reflecting this requirement must be submitted prior to use.
6. All personnel used by the Contractor to conduct removal or handling of asbestos-containing waste materials must possess a current accreditation certificate as a worker or contractor/supervisor as described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
7. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of ACM or dirt contaminated with ACM is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, sta ining of wall finishes, or destruction of wall surface integrity. It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General Removal Instructions and Requirements
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
57 1. Prior to removal of loose dirt from the subfloor spaces all thermal system insulation TSI materials will be removed utilizing the procedures and work practices outlined in Section 23 of this Exhibit.
Removal of loose dirt by any method shall be performed by personnel who are properly trained and accredited to perform Class I Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the subfloor containment area for any reason before or during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall include half-face negative pressure respirators, full body coveralls, rubber boots, and gloves prior to starting dirt removal work, and full face powered air purifying respirators after dirt removal work has begun. No street clothes or shoes shall be worn under full body coveralls or inside containment once removal of dirt begins regardless of amount of t ime to be spent in containment.
3. All openings, doors, hatches, voids, penetrations, etc. into the contained space shall be sealed with poly sheeting. All HVAC ducts which may be present shall be wrapped with one layer of poly sheeting to prevent any dust being pulled into the duct system while work is being performed. No spray glue may be used on any exterior surface of a building.
4. Removal of loose dirt over a surface area greater than 25 square feet will require the construction and use of a three stage decontamination unit. This decontamination unit must be directly attached to the entrance to the subfloor space and fully operable with working shower and hot water heater, as well as properly stocked with towels, soap, and shampoo. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
5. Sufficient negative air units shall be installed which will provide a minimum of 4 air changes per hour and -0.03" air pressure differential. A manometer with an accurate circular, or equivalent recording chart must be installed and operational. The manometer chart(s) shall reflect the location, times, and dates of all measurements recorded. Once these requirements have been met and the negative pressure has been established, the Contr actor shall request a pre -start visual inspection from Owner’s agent/site representative.
6. When the Contractor has passed the pre-start visual inspection, removal of loose surface dirt may be conducted.
7. Sufficiently wet materials to be removed with amended water prior to and during the removal phase of work, and place into waste containers for disposal.
8. Upon completing removal of all loose surface dirt, the Contractor shall conduct wet wiping of all remaining wall and subfloor ceiling components to remove settled dust from those surfaces.
Industrial Vacuums
It is expected industrial type vacuum systems will be used to perform removal of loose dirt in subfloor spaces.
Use of such equipment will require construction of an enclosure around the unit which will at a minimum enclose the hopper and bagging hose. This enclosure will be placed under negative pressure and also monitored with a manometer with digital readout capabilities. Bagging of waste is expected to be in containers appropriate for the a mount of work being performed. All waste containers regardless of size or type of construction must be properly labeled.
Final Visual Inspection
1. Upon completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove any additional dirt and/or clean additional surfaces as needed, prior to encapsulation.
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
58 2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the completeness of materials removed. The Contractor shall thoroughly clean all equipment inside the containment, including all parts of the negative air units exposed to the subfloor. New pre-filters shall be installed into all negative air units.
Final Lockdown-Encapsulation
1. The asbestos contractor shall encapsulate the entire containment area upon completion of the final visual inspection by the Owner’s agent/site representative, and acceptance of the work as complete.
Lock down of the subfloor will be performed using an acceptable bridging encapsulant. To assure complete coverage of the subfloor interior surfaces to include all ceiling, wall and dirt floors will require the contractor add a color to the encapsulant which will be visibly different in color than the colors generally found within a subfloor space. This color will be used to assure prior to conducting clearance air monitoring within the subfloor that all surfaces have been locked down and no loose dust on building surfaces remain.
Clearance Criteria
1. All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the
AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the subfloor containment. Leaf blower and fans will not be directed at remaining dirt surfaces but toward building components.
Disposal Requirements
1. All dirt waste shall be disposed as hazardous asbestos waste, in a landfill permitted to accept friable, hazardous ACM.
2. All waste containers shall have stick-on labels as per OSHA and Cal/EPA requirements. All waste containers shall be labeled in accordance with Cal/EPA regulations that require a "Caution" label and a "Hazardous Waste" label with the generator's name, address, and Manifest Document number.
3. If bulk loading of waste into “burrito wrap” style bags is to be performed contractor is responsible for assuring the waste facility is aware of this type of bagging and will accept the waste upon its arrival.
Bulk loading of dirt waste into large “burrito wrap” style containers will result in heavy stresses upon the poly sheeting. Contractor must submit written directions indicating the requirements to be used to create such waste containers. Contractor may not use these container bags until approved by Owner’s Representative.
Part 23.14 - Subfloor Enclosure Requirements
Creation of enclosures within a contaminated subfloor space will be necessary in anticipation of other trades performing work in specific areas which will not require impact to the dirt floor of the space. These other trades will need to have access to these enclosures without the need for respirators, full body cove ralls, gloves, and asbestos related training. As a result the enclosure must be sturdy and remain in place until all other trade work has been completed.
It is expected the subfloor enclosure will be accessed from within the building. Contractor will construct the enclosure by also accessing the space to be enclosed from within the building. As a result, the contractor shall be required to construct a two stage decontamination unit in place over any subfloor access hatch. This decontamination unit will be used to protect the buildings interior spaces from being contaminated by dust from the subfloor space. Contractor shall also provide a DOP challenge tested, HEPA equipped, pressure differential unit to provide negative air flow into the decontamination unit. The unit shall be attached to the decontamination unit opposite the entrance to assure air is pulled into the decontamination unit. All exhaust from this unit shall be exhausted to the buildings exterior. The unit shall remain on continuously until final air El Portal Elementary School
2600 Moraga Road, San Pablo, CA
59 clearance has been achieved.
General Removal Instructions and Requirements
1. Enclosure walls and floors must be constructed of at least one layer of fire-rated, 10 mil re-enforced poly sheeting. This poly sheeting shall cover the dirt floor surface and extend from the floor surface to the underside of the subfloor ceiling.
2. Enclosure walls shall be installed at a minimum of 5' beyond the edge of any work to be performed to allow for adequate work space by other trades.
3. Poly sheeting shall be secured to the underside of the subfloor ceiling in a manner sufficient to provide maximum strength to reduce possible breaching of the wall systems while regular work is being performed. Contractor may use any appropriate method deemed necessary to accomplish this goal to include fasteners, staples, fur strips, tape, etc. Tape alone will not be acceptable to accomplish this goal.
4. Poly sheeting shall be secured at corners and along walls at floor level in a manner to keep the containment from being pulled in or collapsing into the work space being provided. Contractor shall fasten the walls and floor of the enclosure at sufficient points to prevent this from occurring.
5. Poly sheeting shall be sealed at all points necessary to make the barrier system air tight regarding the walls and floor to keep the containment from becoming contaminated from air within the remaining subfloor space.
6. Upon completing construction of the enclosure the contractor shall wet wipe and clean all enclosed surfaces to include poly walls, poly floors, ceiling components, and any other surfaces which may remain within the enclosure system. If any thermal system insulation is located within the enclosure contractor must repair any damages, clean all surfaces, and apply appropriate labels to the material to assure it is properly identified as asbestos. If the materials are to be removed they shall be removed by glove bag technique only.
7. Upon completion of wet cleaning of the enclosure interior the Owner’s Representative shall perform a final visual inspection for completeness of cleaning.
8. Upon acceptance of the containment as clean the contractor shall encapsulate the enclosure interior surfaces with an acceptable encapsulant.
9. Owner’s representative shall perform final clearance air monitoring upon completion of all tasks related to the construction of the enclosure and prior to allowing other trades access to the enclosure.
All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the subfloor containment. Leaf blower and fans will not be directed at remaining dirt surfaces but toward building components.
Part 23.15 - Subfloor Space Pony Wall Installation, Dirt Removal Requirements General Requirements
Direction to remove loose surface dirt from throughout a subfloor space contaminated with friable asbestos containing material (ACM) or dust from friable ACM shall be performed within a full enclosure. All loose dirt shall be removed to as required such as “hard pack”, as defined in other Sections of the Project Documents, or determined by the Owner’s Representative in a specific “Scope of Work” to be performed related to this work.
Any full enclosure/containment constructed for removing loose surface dirt, shall include critical barriers at all vents, openings, penetrations, voids, etc., a sufficient number of DOP challenge tested negative air units to attain a level of at least -0.03" of negative air pressure within the subfloor containment space and a El Portal Elementary School
2600 Moraga Road, San Pablo, CA
60 minimum of four (4) air changes an hour, a manometer with digital readout capabilities, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
Documentation of this capability shall be provided to Owner’s agent/site representative.
Except as amended here and in the “Section 24”, all other Sect ions of this exhibit shall be followed which apply to creation of containments specifically or asbestos related work practices. No removal of dirt suspected of being contaminated with friable ACM or dust from friable ACM shall be performed prior to the Contractor receiving approval from the Owner’s agent/site representative.
Contractor Responsibilities
1. Except as amended here and in Section 24, Asbestos Specification/Procedures, all other Sections of this Specification shall be followed.
2. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as appropriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
3. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used on the project must be DOP challenge tested at the site. This DOP challenge test and certification process must be verified by Owner’s agent/site representative prior to its use.
4. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
5. All poly sheeting to be used for the construction of pony walls to create enclosures/containments must be 10 mils thick, re -enforced, and fire retardant. SDS information reflecting this requirement must be submitted prior to use.
6. All personnel used by the Contractor to conduct removal or handling of asbestos-containing waste materials must possess a current accreditation certificate as a worker or contractor/supervisor a s described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
7. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of ACM or dirt contaminated with ACM is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, staining of wall finishes, or destruction of wall surface integrity. It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General Removal Instructions and Requirements
1. Prior to removal of loose dirt from the subfloor spaces all thermal system insulation TSI materials will El Portal Elementary School
2600 Moraga Road, San Pablo, CA
61 be removed utilizing the procedures and work practices outlined in Section 23 of this Exhibit.
Removal of loose dirt by any method shall be performed by personnel who are properly trained and accredited to perform Class I Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the subfloor containment area for any reason before or during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall include half-face negative pressure respirators, full body coveralls, rubber boots, and gloves prior to starting dirt removal work, and full face powered air purifying respirators after dirt removal work has begun. No street clothes or shoes shall be worn under full body coveralls or inside containment once removal of dirt begins regardless of amount of time to be spent in containment.
3. All openings, doors, hatches, voids, penetrations, etc. into the contained space shall be sealed with poly sheeting. All HVAC ducts which may be present shall be wrapped with one layer of poly sheeting to prevent any dust being pulled into the duct system while work is being performed. No spray glue may be used on any exterior surface of a building.
4. Removal of loose dirt over a surface area greater than 25 square feet will require the construction and use of a three stage decontamination unit. This decontamination unit must be directly attached to the entrance to the subfloor space and fully operable with working shower and hot water heater, as well as properly stocked with towels, soap, and shampoo. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
When less than 25 square feet of surface area and less than 25 linear feet of thermal system insulation is to be removed refer to “Subfloor Enclosure Requirements”.
5. Sufficient negative air units shall be installed which will provide a minimum of 4 air changes per hour and -0.03" air pressure differential. A manometer with an accurate circular, or equivalent recording chart must be installed and operational. The manometer chart(s) shall reflect the location, times, and dates of all measurements recorded. Once these requirements have been met and the negative pressure has been established, the Contractor shall request a pre -start visual inspection from Owner’s agent/site representative.
6. When the Contractor has passed the pre-start visual inspection, removal of loose surface dirt may be conducted.
7. Sufficiently wet materials to be removed with amended water prior to and during the removal phase of work, and place into waste containers for disposal.
8. Upon completing removal of all loose surface dirt, the Contractor shal l conduct wet wiping of all remaining wall and subfloor ceiling components to remove settled dust from those surfaces.
Industrial Vacuums
It is expected industrial type vacuum systems will be used to perform removal of loose dirt in subfloor spaces.
Use of such equipment will require construction of an enclosure around the unit which will at a minimum enclose the hopper and bagging hose. This enclosure will be placed under negative pressure and also monitored with a manometer with digital readout capabilities. Bagging of waste is expected to be in containers appropriate for the amount of work being performed. All waste containers regardless of size or type of construction must be properly labeled.
Final Visual Inspection
1. Upon completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove any additional dirt and/or clean additional surfaces as El Portal Elementary School
2600 Moraga Road, San Pablo, CA
62 needed, prior to encapsulation.
2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the completeness of materials removed. The Contractor shall thoroughly clean all equipment inside the containment, including all parts of the negative air units exposed to the subfloor. New pre-filters shall be installed into all negative air units.
Final Lockdown-Encapsulation
1. The asbestos contractor shall encapsulate the entire containment area upon completion of the final visual inspection by the Owner’s agent/site representative, and acceptance of the work as complete.
Lock down of the subfloor will be performed using an acceptable bridging encapsulant. To assure complete coverage of the subfloor interior surfaces to include all ceiling, wall and dirt floors will require the contractor add a color to the encapsulant which will be visibly different in color than the colors generally found within a subfloor space. Th is color will be used to assure prior to conducting clearance air monitoring within the subfloor that all surfaces have been locked down and no loose dust on building surfaces remain.
Clearance Criteria
1. All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the subfloor containment. Leaf blower and fans will not be directed at remaining dirt surfaces but toward building components.
Disposal Requirements
1. All dirt waste shall be disposed as hazardous asbestos waste, in a landfill permitted to accept friable, hazardous ACM.
2. All waste containers shall have stick-on labels as per OSHA and Cal/EPA requirements. All waste containers shall be labeled in accordance with Cal/EPA regulations that require a "Caution" label and a "Hazardous Waste" label with the generator's name, address, and Manifest Document number.
3. If bulk loading of waste into “burrito wrap” style bags is to be performed contractor is responsible for assuring the waste facility is aware of this type of bagging and will accept the waste upon its arrival.
Bulk loading of dirt waste into large “burrito wrap” style containers will result in heavy stresses upon the poly sheeting. Contractor must submit written directions indicating the requirements to be used to create such waste containers. Contractor may not use these container bags until approved by Owner’s Representative.
Part 23.16 - Installation of “Rat Slab” in Sublfoor Crawl Space Requirements General Requirements
No direction relating to actual installation of “Rat Slab” materials is included here. This information is related to additional requirements for the work to be performed within a subfloor space known or assumed to be contaminated with asbestos.
Prior to installation of “Rat Slab” materials within a subfloor contaminated with asbestos the subfloor must be properly sealed and placed under negative pressure. Removal of all remaining thermal s ystem insulation (TSI) or other friable asbestos containing material (ACM) must be performed prior to the installation of the “Rat Slab” materials.
Any full enclosure/containment constructed for the purpose of installing a “Rat Slab” will require installation of critical barriers at all vents, openings, penetrations, voids, etc., a sufficient number of DOP challenge tested negative air units to attain a level of at least -0.03" of negative air pressure within the subfloor containment El Portal Elementary School
2600 Moraga Road, San Pablo, CA
63 space and a minimum of four (4) air changes an hour, a manometer with digital readout capabilities, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
Documentation of this capability shall be provided to Owner’s agent/site representative.
Except as amended here and in the “Section 24”, all other Sections of this exhibit shall be followed which apply to creation of containments specifically or asbestos related work practices. No removal of TSI, visible TSI debris or associated dirt suspected of being contaminated with friable ACM or dust from friable ACM shall be performed prior to the Contractor receiving approval from the Owner’s agent/site representative.
Contractor Responsibilities
1. Except as amended here and in Section 24, Asbestos Specification/Procedures, all other Sections of this Specification shall be followed.
2. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as appropriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
3. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used on the project must be DOP challenge tested at the site. This DOP challenge test and certification process must be verified by Owner’s agent/site representative prior to its use.
4. DOP certification testing shall be observed and witnessed by an Owner’s agent/site representative.
Copies of DOP test results and certification must be submitted to Owner’s agent/site representative within 24 hours of the testing being performed.
5. All poly sheeting to be used for the construction of pony walls to create enclosures/containments must be 10 mils thick, re -enforced, and fire retardant. SDS information reflecting this requirement must be submitted prior to use.
6. All personnel used by the Contractor to conduct removal or handling of asbestos-containing waste materials must possess a current accreditation certificate as a worker or contractor/supervisor as described in 40 CFR Part 763, Appendix C to subpart E, Asbestos Model Accreditation Plan.
7. The Contractor shall be responsible for all clean-up and costs associated with the decontamination of occupied spaces adjacent to any containment where removal of ACM or dirt contaminated with ACM is conducted. The Contractor shall also be responsible for damage to building finishes and costs associated with removal of tape glue, staining of wall finishes, or destruction of wall surface integrity. It is the responsibility of the Contractor to identify with the General Contractor all aspects of the project requirements pertaining to these types of damages.
Owner Responsibilities
1. The Owner shall provide the Contractor with access to the building during scheduled work hours through their representative. This representative is expected to be the General Contractor in charge of the site.
2. The Owner shall also provide the Contractor access to water and electrical hook-ups. However, the Contractor is responsible for all connections, electrical cords, GFCI’s, water hoses, and hose bibs necessary for attachment. GFCI’s are required to be used by the Contractor on all electrical circuits in use.
General Removal Instructions and Requirements
1. All TSI materials will be removed utilizing the procedures and work practices outlined in Section 23 El Portal Elementary School
2600 Moraga Road, San Pablo, CA
64 of this Exhibit. Removal of TSI or loose dirt contaminated with TSI debris by any method shall be performed by personnel who are properly trained and accredited to perform Class I Work in public buildings, and are currently approved to conduct work on the project.
2. No personnel are allowed into the subfloor containment area for any reason before or during actual removal work without proper respiratory and personal protective equipment. At a minimum this shall include half-face negative pressure respirators, full body coveralls, rubber boots, and gloves prior to starting dirt removal work, and full face powered air purifying respirators after dirt removal work has begun. No street clothes or shoes shall be worn under full body coveralls or inside containment once removal of dirt begins regardless of amount of time to be spent in containment.
3. All openings, doors, hatches, voids, penetrations, etc. into the contained space shall be sealed with poly sheeting. All HVAC ducts which may be present shall be wrapped with one layer of poly sheeting to prevent any dust being pulled into the duct system while work is being performed. No spray glue may be used on any exterior surface of a building.
4. Removal of TSI in excess of 25 linear feet or TSI contaminated loose dirt over a surface area greater than 25 square feet will require the construction and use of a three stage decontamination unit. This decontamination unit must be directly attached to the entrance to the subfloor space and fully operable with working shower and hot water heater, as well as properly stocked with towels, soap, and shampoo. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work.
The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system.
When less than 25 square feet of surface area and less than 25 linear feet of thermal system insulation is to be removed refer to “Subfloor Enclosure Requirements”.
5. Sufficient negative air units shall be installed which will provide a minimum of 4 air changes per hour and -0.03" air pressure differential. A manometer with an accurate circular, or equivalent recording chart must be installed and operational. The manometer chart(s) shall reflect the location, times, and dates of all measurements recorded. Once these requirements have been met and the negative pressure has been established, the Contractor shall request a pre -start visual inspection from Owner’s agent/site representative.
6. When the Contractor has passed the pre -start vi sual inspection, removal of TSI and TSI contaminated loose surface dirt may be conducted.
7. Sufficiently wet materials to be removed with amended water prior to and during the removal phase of work, and place into waste containers for disposal.
8. Upon completing removal of all TSI and TSI contaminated loose surface dirt the Owner’s Representative will conduct a final visual inspection to verify this task has been satisfactorily completed.
Industrial Vacuums
If industrial type vacuum systems will be used to perform removal of loose dirt in subfloor spaces use of such equipment will require construction of an enclosure around the unit which will at a minimum enclose the hopper and bagging hose. This enclosure will be placed under negative pressure and also monitored with a manometer with digital readout capabilities. Bagging of waste is expected to be in containers appropriate for the amount of work being performed. All waste containers regardless of size or type of construction must be properly labeled.
“Rat Slab” Installation
The following items shall be required during “Rat Slab” installation activities:
El Portal Elementary School
2600 Moraga Road, San Pablo, CA
65 1. Contractor will maintain 0.03" of negative pressure at all times during installation of “Rat Slab” materials.
2. Three stage decontamination unit with functional shower and all other requirements shall remain in place and be used by all personnel who must enter the subfloor space during installation of “Rat Slab” materials.
3. All personnel shall wear at a minimum half -face negative pressure respirators while inside the subfloor containment space.
4. All personnel shall at a minimum have Hazard Communication” training relating to asbestos as required by OSHA and in compliance with all OSHA requirements.
5. All personnel shall wear full body coveralls, appropriate work boots and appropriate work gloves while inside the subfloor containment space.
6. All personnel shall enter and egress through the three stage decontamination unit and take a full body shower prior to exiting the containment area.
7. All tools shall be properly cleaned of visible dust and dirt prior to removal from the subfloor containment space.
8. Upon completion of “Rat Slab” installation, contractor shall complete final cleaning of all visible dust from underside of ceiling and other surfaces within the subfloor containment.
Final Visual Inspection
1. Upon completion of all activities listed above, the asbestos contractor shall provide their own visual inspection prior to Owner’s agent/site representative, and shall be present during the inspection by Owner’s agent/site representative to remove any additional dirt and/or clean additional surfaces as needed, prior to encapsulation.
2. The final visual inspection will include an evaluation of all surfaces within the containment area, with emphasis placed on the completeness of materials removed. The Contractor shall thoroughly clean all equipment inside the containment, including all parts of the negative air units exposed to the subfloor. New pre-filters shall be installed into all negative air units.
Final Lockdown-Encapsulation
1. The asbestos contractor shall encapsulate the entire containment area upon completion of the final visual inspection by the Owner’s agent/site representative, and acceptance of the work as complete.
Lock down of the subfloor will be performed using an acceptable encapsulant. To assure complete coverage of the subfloor interior surfaces to include all ceiling, wall and “Rat Slab” surfaces will require the contractor add a color to the encapsulant which will be visibly different in color than the colors generally found within a subfloor space and the “Rat Slab”. This color will be used to assure prior to conducting clearance air monitoring within the subfloor that all surfaces have been locked down and no loose dust on building surfaces remain.
Clearance Criteria
1. All clearance air samples will be analyzed by transmission electron microscopy (TEM), and performed by a NIST/NVLAP accredited laboratory. The clearance criteria for releasing the Contractor is the AHERA Standard, with the average of all air samples less than 70 asbestos structures per square millimeter. Aggressive air sampling will be used, which includes using a leaf blower in conjunction with fans to dislodge any remaining dust within the subfloor containment. Leaf blower and fans will not be directed at remaining dirt surfaces but toward building components.
Disposal Requirements
1. All dirt waste shall be disposed as hazardous asbestos waste, in a landfill permitted to accept friable, El Portal Elementary School
2600 Moraga Road, San Pablo, CA
66 hazardous ACM.
2. All waste containers shall have stick-on labels as per OSHA and Cal/EPA requirements. All waste containers shall be labeled in accordance with Cal/EPA regulations that require a "Caution" label and a "Hazardous Waste" label with the generator's name, address, and Manifest Document number.
3. If bulk loading of waste into “burrito wrap” style bags is to be performed contractor is responsible for assuring the waste facility is aware of this type of bagging and will accept the waste upon its arrival.
Bulk loading of dirt waste into large “burrito wrap” style containers will result in heavy stresses upon the poly sheeting. Contractor must submit written directions indicating the requirements to be used to create such waste containers. Contractor may not use these container bags until approved by Owner’s Representative.
Part 23.17 - Stucco/Texture Removal and Containment Requirements General Requirements
Direction to remove major areas of stucco/texture surfacing materials regardless of asbestos content fro m exterior building components either by hand or by forced air methods shall be performed within a full enclosure. Extent of removal concerning stucco/texture surfacing materials is not included in this Part. That information shall be provided by others in appropriate project documents.
Any full enclosure/containment constructed for removing stucco/texture surfacing materials either by hand or by forced air methods shall include critical barriers at all vents, openings, penetrations, voids, etc. into the building, a sufficient number of DOP challenge tested negative air units to attain a level of at least -0.03" of negative air pressure within the containment space and a minimum of four (4) air changes an hour, a manometer with digital readout capabilities, and at a minimum, a three-stage decontamination unit with an operational shower and water filtration system. The clean room of any three stage decontamination unit must be at least 5' in width, 8' in length, and 8' in height. “Pop up” 3' X 3' style prefabricated units will not be allowed for this work. The filtration system must have at least a 1.0 micron particle size collection capability prior to release of the water into the treated water system. Documentation of this capability shall be provided to Owner’s agent/site representative.
Except as amended here and in the “Section 24”, all other Sections of this Exhibit shall be followed which apply to creation of containments specifically for asbestos related work practices. No removal of stucco/ texture surfacing materials shall be performed prior to the Contractor receiving approval from the Owner’s agent/site representative.
Contractor Responsibilities
1. Except as amended here and in Section 24, Asbestos Specification/Procedures, all other Sections of this Exhibit shall be followed.
2. The Contractor shall provide all necessary notifications, equipment, tools, materials, lighting, labor, etc. to perform the work. Notification as appropriate to OSHA, EPA, or the delegated Air Quality Management District is the responsibility of the Contractor.
3. All HEPA equipment to be used on the project must be delivered to the site empty of all debris, clean, free of dust, and in full operating condition. HEPA equipment to be used on the project must be DOP challenge tested at the site. This DOP challenge test and certification process must be verified by Owner’s agent/site representative prior to its use.