and wish to apply. Details and applications are available from the City Clerk’s office (707-463-6217; [email protected]).
Attachment 2 is a full list of the current Boards and Commissions, showing terms, expirations, and vacancies; along with descriptions of the various Boards and Commissions. This list is updated regularly and posted online (http://www.cityofukiah.com/city-boards-commissions-committees), in the glass cabinet in front of the Civic Center, in the Public View Binder, and at the county library.
Staff is recommending that Council receive the report, with no action being necessary at this time.
Recommended Action: Receive the report.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
ATTACHMENT 1
TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS
Airport Commission - 5 Members, 3-Year Term
Date Appointed Term Expires
Eric Crane Commissioner - City Resident 11/17/2021 11/17/2024 Gregory Andronaco Commissioner - County Resident 4/20/2022 4/20/2025 Mark Ashiku Commissioner - City Resident 7/19/2023 7/19/2026 Donovan Albright Commissioner - County Resident 7/19/2023 7/19/2026 VACANT Commissioner - City Resident
Board of Appeals - 5 Members/3 Alternates, 3-Year Term
Date Appointed Term Expires
Matthew Keizer ex officio Member - Building Official N/A N/A VACANT Member x 4 positions
VACANT Alternate Member x 3 positions
Demolition Permit Review Committee - 5 Members, 2-Year Term Date Appointed Term Expires
Tim Eriksen Director of Public Works/City Engineer or assigned designee N/A N/A Craig Schlatter Director of Community Development or assigned designee N/A N/A Matthew Keizer Building Inspector or assigned designee N/A N/A VACANT A Representative of the Mendocino County Historical Society or other group/organization involved with local history, or a local historian
VACANT A City of Ukiah resident with expertise in architecture, building, or closely related field Date Appointed
(Coincides with
Appointing
Councilmember)
Term Expires
Ronald J. Meaux Community at Large 11/17/2021 11/17/2025 Kali Gordon City Resident/Property or Business Owner 8/3/2022 8/3/2026 William Hawkes City Resident/Property or Business Owner 2/15/2023 2/15/2027 Tom Liden City Resident/Property or Business Owner 2/15/2023 2/15/2027 Lorena Akin Community at Large 7/19/2023 7/19/2026
Diversity and Equity Committee - 11 Members, 2-Year Term Date Appointed Term Expires
Juan Orozco Member - Councilmember N/A N/A
Josefina Duenas Member - Councilmember N/A N/A
Xochilt Morales de
Martinez
Member - Persons with lived experience of poverty (currently or formerly living at or below the poverty level)
1/11/2023 1/11/2025
Denise Gorny Member - Persons with physical or mental disabilities 1/11/2023 1/11/2025 Darren Jackson Member - Persons from the LGBTQA community 1/11/2023 1/11/2025 Les Marston Member - Native American tribes and communities in Mendocino County 1/11/2023 1/11/2025 Troyle Tognoli Member - Youth 21 years and younger 1/11/2023 1/11/2025 Zhao Qiu Member - Persons of color (filling the unexpired term of L. Jani Sheppard) 5/18/2022 1/11/2025 Lorena Akin Member - Persons from the Hispanic/Latino community 6/21/2023 6/21/2025 David Lieberman Member - Seniors 65 years or older 7/19/2023 7/19/2025 VACANT Member - Persons whose primary language is not English Committee members will adopt written objectives to improve diversity and equity in the City’s workforce and in the provision of municipal services; developing a written Action Plan to achieve those objectives; implementing and overseeing the Action Plan; providing an annual review and update to the City Council on the Committee’s progress; and proposing revisions to the plan as necessary
Design Review Board - 5 Members, 4-Year Term Coinciding with Appointing Councilmember Such Commission shall act in an advisory capacity to the city council in all matters pertaining to the operations of the municipal airport. Such commission shall aid and advise the city manager in the selection of personnel for the operation of the municipal airport in keeping with the provisions of the civil service ordinance. (Ord. 512, Section 4, adopted 1956).
To hear and decide appeals of orders, decisions or determinations by the building official.
The duties of the Demolition Permit Review Committee shall include: a) Research of historical, cultural, and architectural significance of the subject structure; b) Evaluation of the feasibility of rehabilitating or relocating the structure if it is deemed historical; c) In the event that the structure is found to have historical or architectural significance, determine if the salvaging of historic materials is feasible; d) Recommendation to the City Council regarding whether any of the criteria listed in Ukiah City Code Section 3016(E) apply to the subject structure, and whether or not the Demolition Permit should be issued, issued with conditions, or denied.
It shall be the function and duty of the Design Review Board to review proposed site development permit applications, planned development applications and precise development plans, work with staff and the applicants to ensure design consistency with the Ukiah General Plan, Zoning Code, and Design Review Guidelines, and make recommendations concerning architecture, site design layout, landscaping, parking, signage, exterior lighting, and other aspects of urban design to city staff, Zoning Administrator, Planning Commission and City Council as appropriate. 1 Last Updated on 7/3/2024
ATTACHMENT 2
TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS
Date Appointed Term Expires
Douglas 'Rick' Johnson Commissioner 4/7/2021 4/7/2025
Thao Phi Commissioner 2/1/2023 2/1/2027
Mark Hilliker Commissioner 2/1/2023 2/1/2027
Alex de Grassi Commissioner 2/1/2023 2/1/2027
VACANT Commissioner (unexpired term for Michelle Johnson) 4/7/2025 Date Appointed Term Expires
Vicki Bitonti-Brown Commissioner - At Large, City Resident 12/15/2021 12/15/2024 Casey Thompson Commissioner - At Large, City Resident 8/17/2022 8/17/2025 Joe Scriven Commissioner - At Large, City or County Resident 4/5/2023 4/5/2026 Megan Parker Commissioner - At Large, City or County Resident 6/21/2023 6/21/2026 Steven Ratley Commissioner - At Large, City or County Resident 11/1/2023 11/1/2026 VACANT Commissioner - At Large, City or County Resident Planning Commission - 5 Members, 4-Year Term
The Public Spaces Commission shall provide advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the City limits; 3) open spaces within and outside of the City limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces. In addition, the Public Spaces Commission shall have the power and duty to: A) Solicit, collate, and analyze public input on the wise use of public spaces. B) Provide recommendations and advice to both City staff and the City Council based on said public input. C) If deemed necessary by the Commission, form working groups in collaboration with City staff to explore and formulate advice or recommendations on specific areas regarding the wise use of public spaces. D) Commission activities related to solicitation, review, and analysis of public input shall be guided by the Community Outreach Plan. The Commission shall prepare and annually update a Community Outreach Plan to be approved by City Council. The Community Outreach plan will guide the methodology, scheduling, and tracking of the Commission’s community engagement. E) The Commission shall hold at least six (6) regular meetings per year as scheduled and noticed in compliance with the annually updated Community Outreach Plan. It shall adopt rules for the transaction of business which shall be included in the Community Outreach Plan. F) The Commission shall keep a record of its transactions, findings, recommendations, and any other action item, which record shall be a public record.
It shall be the function and duty of the Planning Commission to prepare, make and adopt, subject to the provisions of law, a master plan for the physical development of the city, and of any land situated outside the boundaries therof which in the Commission's judgement bears relation to the planning thereof. The Commission may appoint officers and employees and contract for services, subject to the provisions of law, provided that all expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council.
Public Spaces Commission - 7 Members, 3-Year Term
2 Last Updated on 7/3/2024
Agenda Item No: 8.k.
MEETING DATE/TIME: 8/7/2024
ITEM NO: 2024-426
AGENDA SUMMARY REPORT
SUBJECT: Consideration of an Award of Contract for the Hazardous Material Removal Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the Amount of $145,000.
DEPARTMENT: Community
Development PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Consent Calendar
ATTACHMENTS:
1. Spec 24-06 - Hazardous Material Removal Demoltion at 501 South State Street with Addendum 1
2. Bid Results - Spec 24-06 - Haz Mat Removal Demo at 501 S State St (1) (1)
3. Bid from AFM Environmental - Spec 24-06 Haz Mat Removal Demo at 501 S State St (1) Summary: Council will consider awarding a contract for the Hazardous Material Removal Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the amount of $145,000.
Background: In 2020, the City acquired the property located at 501 S. State Street with the intention of utilizing it as a centralized location for providing municipal services. In May 2021, a contract was awarded to The KPA Group to develop plans and specifications for barrier removal at the site, a task that was successfully completed in October 2021. A State Community Development Block Grant in the amount of $50,000 was applied for and awarded to the City to complete this portion of the project. Following this, in January 2023, The KPA Group was awarded a contract for Phase 2 Design services. These services included project management coordination, schematic design, design development, construction documents, and bidding services. The design work for this phase has now been completed, and the project is set to move into its first stage of construction, which involves the demolition and removal of hazardous materials from the building.
Discussion: The project bidding process began with the release of the Request for Bid Specifications on July 3, 2024. The bid notice was distributed to the Builder's Exchanges, as well as contractors on the Qualified Bidder's list and posted to Bidnet Direct. The detailed bid specifications, provided in Attachment 1, outlined the project requirements for potential contractors. A mandatory pre-bid meeting was held on July 17, 2024, to ensure that all prospective bidders had a clear understanding of the project scope and expectations.
By the submission deadline of 2 p.m. on July 30, 2024, five contractors had submitted their bids. The bid tabulation, included in Attachment 2, presents a comparison of the bids received. After a careful review, AFM Environmental Incorporated was identified as the lowest responsive and responsible bidder, offering a competitive bid in the amount of $145,000. A copy of their bid submission is also included in Attachment 3.
Staff recommends awarding the contract to AFM Environmental Incorporated for the amount of $145,000.
Funds were budgeted and are available in account 20824700.80220.18176.
Recommended Action: Award the contract for the Hazardous Material Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the amount of $145,000.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 20824700.80220.18176: $1,377,679
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Series 2020A Lease Revenue Bond
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Matt Keizer, Chief Building Official
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET SPECIFICATION NO. 24-06
CITY OF UKIAH
DEPARTMENT OF COMMUNITY DEVELOPMENT
300 Seminary Avenue
Ukiah, California 95482-5400
MANDATORY PRE-BID MEETING
1 p.m., July 17, 2024
501 South State Street
Ukiah, California 95482
Bids Open: Tuesday, July 30, 2024
2:00 p.m.
Office of City Clerk
ATTACHMENT 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
JOSEFINA DUENAS - MAYOR
DOUGLAS CRANE – VICE-MAYOR
JUAN OROZCO – COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF COMMUNITY DEVELOPMENT
JULY 2024
HAZARDOUS MATERIAL REMOVAL DEMOLITION iii Spec No.24-06 AT 501 SOUTH STATE STREET
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT .......................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................... 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
HAZARDOUS MATERIAL REMOVAL DEMOLITION iv Spec No.24-06
AT 501 SOUTH STATE STREET
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ........................................................ 9 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 14 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
7-12. Right of City to Terminate Contract for Convenience SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 17 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 18 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
HAZARDOUS MATERIAL REMOVAL DEMOLITION v Spec No.24-06
AT 501 SOUTH STATE STREET
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 20 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 23 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 28 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Warranties
12-10. Utilities
12-11. Preconstruction Conference
12-12. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 30 13-01. Project Understanding
13-02. Scope of Work
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 33 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 33 15-01. Provisions of General Conditions to be Amended
HAZARDOUS MATERIAL REMOVAL DEMOLITION vi Spec No.24-06
AT 501 SOUTH STATE STREET
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 34 PROPOSAL ............................................................................................................................................. 35 BIDDING SCHEDULE ................................................................................................................................... 36 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 38 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 39 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 40 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 41 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 42 SIGNATURE OF BIDDER ............................................................................................................................. 43 BIDDER'S BOND .......................................................................................................................................... 44 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 45 AGREEMENT ............................................................................................................................................. 46 INDEMNIFICATION AGREEMENT .............................................................................................................. 50 EXAMPLE BOND FORMS ............................................................................................................................ 51 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 54 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 57
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES: Drawings ADH101 and ADH111
HAZARDOUS MATERIAL REMOVAL DEMOLITION 1 Spec. No. 24-06 AT 501 SOUTH STATE STREET
INSTRUCTIONS TO BIDDERS
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.
Each bidder must supply all the information required by the bid documents and Special Provisions.
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.
All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.
No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.
The work is to be completed within sixty (60) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
A mandatory pre-bid conference will be held at 1 p.m., July 17, 2024, at the project site located at 501 South State Street, Ukiah, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the
HAZARDOUS MATERIAL REMOVAL DEMOLITION 2 Spec. No. 24-06 AT 501 SOUTH STATE STREET
execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via email to the following designated contact person:
Mary Horger, Financial Services Manager
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at 501 South State Street, Ukiah California, 95482.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 3 Spec. No. 24-06 AT 501 SOUTH STATE STREET
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 4 Spec. No. 24-06 AT 501 SOUTH STATE STREET
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 5 Spec. No. 24-06 AT 501 SOUTH STATE STREET
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11 of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany.
2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City, one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.
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The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern.
All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda.
Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less
HAZARDOUS MATERIAL REMOVAL DEMOLITION 7 Spec. No. 24-06 AT 501 SOUTH STATE STREET
than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. With respect to General Liability, Errors & Omissions and Pollution and/or Asbestos Pollution Liability coverage should be maintained for a minimum of five (5) years after contract completion. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (Form No. CG 20 10 10 01 and Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto) or Code 8, 9 if no owned autos.
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
Insurance must be written on an occurrence basis.
3. Employer's Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.
4. Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions: $1,000,000 each occurrence/$2,000,000 policy aggregate.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 8 Spec. No. 24-06 AT 501 SOUTH STATE STREET
5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), TL 1005, TL 1007 and/or other endorsements required by federal or state authorities.
7. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a Claims Made form:
a. The “Retro Date” must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a “Retro Date” prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to the City for review. 5-05. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
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5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City.
Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any
HAZARDOUS MATERIAL REMOVAL DEMOLITION 10 Spec. No. 24-06 AT 501 SOUTH STATE STREET
necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any
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of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and on behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully benchmarks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and benchmarks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and
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tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements.
6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer.
If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.
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2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.
5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period.
The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her
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and shall remove rubbish of all kinds from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract
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provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and benchmarks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.
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The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer.
7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.
7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
1. Stop work as specified in the notice.
2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.
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3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.
6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:
All actual reimbursable costs incurred according to the provisions of this contract.
1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.
Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part.
8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer.
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8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made.
8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory.
The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods.
9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions
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as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence.
Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby.
9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any
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time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer, and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Public Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.
Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
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(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California.
Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as banker’s acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall
HAZARDOUS MATERIAL REMOVAL DEMOLITION 22 Spec. No. 24-06 AT 501 SOUTH STATE STREET
have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
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When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon.
Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 24 Spec. No. 24-06 AT 501 SOUTH STATE STREET
11-03. Claims Procedure
Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 25 Spec. No. 24-06 AT 501 SOUTH STATE STREET
If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
F. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 26 Spec. No. 24-06 AT 501 SOUTH STATE STREET
H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter
2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an
HAZARDOUS MATERIAL REMOVAL DEMOLITION 27 Spec. No. 24-06 AT 501 SOUTH STATE STREET
express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 28 Spec. No. 24-06 AT 501 SOUTH STATE STREET
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of all equipment, labor and materials for the selective demolition of various types of asbestos-containing building materials at 501 South State Street in Ukiah, California.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:
Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 29 Spec. No. 24-06 AT 501 SOUTH STATE STREET
In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:
1. (City) Special Provisions
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. Water and electrical services will be provided by the owner. Sewer will not be provided by the owner. It is the Contractor's sole responsibility to arrange for a portable toilet on site. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.
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SECTION 13 - CONSTRUCTION DETAILS
13-01. Project Understanding. The City of Ukiah has acquired the building at 501 S. State Street which was previously utilized as a Bank of America financial center. The City has designed and permitted improvements to this building for use as a future City facility. The future project will be constructed after completion of this hazardous material removal project, which entails the successful removal of all known existing and suspected hazardous building materials. Hazardous materials assessments were completed in 2010 and 2012 by Bank of America before ownership by the City. Through multiple assessments, asbestoscontaining building material (ACBM) has been tested for and confirmed present. These assessments document existing ACBM material types and locations throughout the facility. Reports of findings are provided as part of this Scope of Work. Final desired state of building after hazardous material demolition is identified in the provided drawings sheets ADH101 and ADH111. These drawing sheets supplement the overall design for the future City facility and work to identify of locations for demolition along with the scope of work.
13-02. Scope of Work. In this selective demolition project, various types of ACBM will be safely and systematically removed from designated areas within the building. Abatement procedures will adhere to Federal and California laws, codes, and standard practices and safety protocols, including those identified by but not limited to:
California Health & Safety Code
California Code of Regulations
California Air Resources Board
Environmental Protection Agency
City of Ukiah Building Department
The scope of work is summarized as follows:
A. Contractor to remove and properly dispose of:
Wall materials containing ACBM
ACBM vinyl floor tile and mastic
Ceramic floor tile, ACBM grout, adhesive, and underlayment Ceramic wall tile, ACBM grout, adhesive, and underlayment Carpet, adhesive, and ACBM floor leveler
FRP wallcoverings to access ACBM as required/noted
Lighting and HVAC fixtures to access ACBM as required/noted Floor-mounted water heater to access ACBM as required/noted Furniture and Equipment to access ACBM as required/noted Wallpaper to access ACBM as required/noted
B. During the abatement process, the contractor will identify other suspected ACBM not noted in the provided hazardous material assessment reports, the set of drawings prepared for the renovation project or anticipated by their creation. These suspected hazardous materials are to be left undisturbed while The City of Ukiah is immediately notified of their presence. Further abatement work may be defined based on these in-field findings.
C. Locations of required removal and proper disposal of wall or ceiling materials containing ACBM include but are not limited to:
a. Elevator Shaft
b. Stair S1-2
c. Open Area 100
d. Office 103
e. Work Area 104
f. Room 105
g. Room 106
h. Vacant Area 107A
i. Conference Room 113
j. Office 202
k. Office 203
l. Break Room 204
HAZARDOUS MATERIAL REMOVAL DEMOLITION 31 Spec. No. 24-06 AT 501 SOUTH STATE STREET
m. Room 206
n. Women’s Toilet 207
o. Men’s Toilet 208
p. Mech Room 210
D. Locations of required removal and proper disposal of vinyl floor tile and mastic containing ACBM include but are not limited to:
a. Stair S2-2
b. Open Area 100
c. Office 103
d. Room 105
e. Room 106
f. Hallway 107b
g. Vault 109
h. Vestibule 111
i. Booth 112
j. Hallway 200
k. Record 201
l. Office 202
E. Locations of required removal and proper disposal of ceramic floor or wall tile, grout, adhesive and underlayment containing ACBM include but are not limited to:
a. Open Area 100
b. Vestibule 110
c. Women’s Toilet 207
d. Men’s Toilet 208
F. Locations of required removal and proper disposal of carpet, adhesive and ACBM floor leveler grout include but are not limited to:
a. Open Area 100
b. Office 103
c. Vacant Area 107A
G. Locations of required selective removal of FRP wall coverings to access ACBM include but are not limited to:
a. Office 203
H. Locations of required removal of floor-mounted water heater to access ACBM for abatement include but are not limited to:
a. Mech Room 210
I. Locations of required removal of furniture and equipment to access and dispose of ACBM include but are not limited to:
a. Room 105
b. Room 106
c. Booth 112
d. Office 203
J. Locations of required removal of wallpaper to access and dispose of ACBM include but are not limited to:
a. Room 105
b. Room 106
K. Contractor to provide the following:
a. Review of existing Reports – Existing 2010 and 2012 hazardous materials reports on existing building shall be reviewed.
b. Review of Existing Drawings – Existing 2023 construction documents to be reviewed for understanding of final future construction project and understanding of demolition work to be completed as part of this project and outlined on sheets ADH101 and ADH111.
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c. Site Assessment – Site shall be assessed for building familiarity and recommendations given for any additional locations of ACBM removal.
d. Work Plan Development – Work Plan shall be developed to include abatement procedures and methods.
e. Worker Training – All workers involved in demolition and disposal of ACBM shall be properly trained.
f. Asbestos Removal – ACBM to be removed from the building according to the scope of work. g. Waste Disposal – Waste to be properly disposed of in accordance with governing codes and regulations.
h. Reporting – All required abatement reports to be submitted to regulatory authorities and copied to the City of Ukiah as required to comply with standard professional abatement procedures. i. Project Schedule – Project Schedule to be defined and shared with the City of Ukiah identifying abatement days and timelines.
j. Health and Safety Measures – Proper health and safety measures to be followed throughout abatement, removal, and disposal of ACBM.
k. Project Completion – Submit for approval of final project completion by City of Ukiah l. Contact Information – provide contact information of all sub-contractors responsible for abatement.
13-03. Matrix for Analysis of Required Abatement. Below please find a matric for analysis of required abatement.
Removal of wall or ceiling materials Removal of vinyl floor tile and mastic Removal of ceramic floor or wall tile Removal of carpet items Removal of FRP wall coverings Removal of floor-mount water heater Removal of furniture and equipment Removal of wallpaper Booth 112 X X
Break Room
204
X
Conference
Room 113
X
Elevator
Shaft
X
Hallway
107b
X
Hallway 200 X
Mech Room
210
X X
Men’s Toilet
208
X X
Office 103 X X X
Office 202 X X
Office 203 X X X
Open Area
100
X X X X
Record 201 X
Room 105 X X X X
Room 106 X X X X
Room 206 X
Stair S1-2 X
Stair S2-2 X
Vacant Area
107A
X X
Vault 109 X
HAZARDOUS MATERIAL REMOVAL DEMOLITION 33 Spec. No. 24-06 AT 501 SOUTH STATE STREET
Vestibule
110
X
Vestibule
111
X
Women’s
Toilet 207
X X
Work Area
104
X
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 34 Spec. No. 24-06 AT 501 SOUTH STATE STREET
BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page 35)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 38)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 39)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 40) Filled out completely per instruction
o List of Proposed Subcontractors (Page 41)
Filled out completely per instruction
o Statement of Experience (Page 42)
o Signature of Bidder (Page 43)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page 44)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 45)
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing Please note that actual acknowledgment of addenda is not required to submit with your bid. Refer to Section 1-11 and 3-07 of the General Conditions.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 35 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET Specification No. 24-06
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
HAZARDOUS MATERIAL REMOVAL DEMOLITION 36 Spec. No. 24-06 AT 501 SOUTH STATE STREET
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 37 Spec. No. 24-06 AT 501 SOUTH STATE STREET
NAME OF BIDDER:
SPEC #: 24-06
PROJECT NAME: HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET
BASE BID
ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1 All equipment, labor, and materials to
perform demolition work to remove
hazardous materials at 501 South
State Street.
LS 1 $__________ $__________________
TOTAL BASE BID ==>> $__________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 2024.
Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 38 Spec. No. 24-06 AT 501 SOUTH STATE STREET
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET ________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
HAZARDOUS MATERIAL REMOVAL DEMOLITION 39 Spec. No. 24-06 AT 501 SOUTH STATE STREET
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or 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 of this contract.
Witness my hand this________ day of _______________, 2024.
Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 40 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
HAZARDOUS MATERIAL REMOVAL DEMOLITION 41 Spec. No. 24-06 AT 501 SOUTH STATE STREET
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
DESCRIPTION
OF WORK
HAZARDOUS MATERIAL REMOVAL DEMOLITION 42 Spec. No. 24-06 AT 501 SOUTH STATE STREET
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 43 Spec. No. 24-06 AT 501 SOUTH STATE STREET
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 44 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 30, 2024 for SPEC 24-06 HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 2024.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 45 Spec. No. 24-06 AT 501 SOUTH STATE STREET
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 2024. __________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 2024.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 46 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET Specification No. 24-06
THIS AGREEMENT, made this ______ day of ___________________, 2024, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within sixty (60) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 47 Spec. No. 24-06 AT 501 SOUTH STATE STREET
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has
HAZARDOUS MATERIAL REMOVAL DEMOLITION 48 Spec. No. 24-06 AT 501 SOUTH STATE STREET
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 49 Spec. No. 24-06 AT 501 SOUTH STATE STREET
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
12. Addenda
IN WITNESS WHEREOF, this contract being executed in duplicate, and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 2024.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 2024. __________________________________________________
CITY ATTORNEY, CITY OF UKIAH
HAZARDOUS MATERIAL REMOVAL DEMOLITION 50 Spec. No. 24-06 AT 501 SOUTH STATE STREET
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 2024, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
HAZARDOUS MATERIAL REMOVAL DEMOLITION 51 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work
HAZARDOUS MATERIAL REMOVAL DEMOLITION 52 Spec. No. 24-06 AT 501 SOUTH STATE STREET
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
HAZARDOUS MATERIAL REMOVAL DEMOLITION 53 Spec. No. 24-06 AT 501 SOUTH STATE STREET
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)
HAZARDOUS MATERIAL REMOVAL DEMOLITION 54 Spec. No. 24-06 AT 501 SOUTH STATE STREET
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 55 Spec. No. 24-06 AT 501 SOUTH STATE STREET
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 56 Spec. No. 24-06 AT 501 SOUTH STATE STREET
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 2024. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety
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PURCHASING DEPARTMENT
411 West Clay Street, Ukiah CA 95482
(707) 463-6233
[email protected]
Addendum No. 1
Request for Bid (RFB)
for
Spec 24-06 – Hazardous Material Removal Demolition at 501 South State Street July 22, 2024
The following is Addendum No. 1.
This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein.
1. The following are clarifications as a result of the Mandatory Pre-Bid meeting. a. All work at the vault room is to be omitted from the scope of work. b. The City will be providing a 3rd party asbestos consultant for clearance. c. The removal of the sub-floor is not anticipated to be required by the City’s project team.
All bidders should not include removal of sub-floor in their bids. d. Provided as Attachments 1 and 2 are the asbestos reports as requested for information only and should not be utilized as scoping documents for bidding. e. The complete removal of the dumbwaiter is to be included in the scope of work. f. Switchgear and electrical panels are not required to be removed from the wall. Please limit abatement scope to perimeter of wall-mounted panels. g. The contractors are not expected to remove electrical during the hazmat remediation, which includes the lighting fixtures.
h. Contractors are to leave the framing throughout the building. The work is for asbestos removal only.
i. Thermal System Insulation (TSI) was not identified to contain hazardous materials in the Asbestos Reports.
j. Please see attached modified versions of provided sheets ADH101 and ADH111 to include:
Areas of Flooring Abatement – ADH101/Flooring
Areas of Drywall Abatement – ADH101/Drywall
Areas of Ceiling System Abatement – ADH111/Ceiling
2. The following are questions asked, and their corresponding responses:
Q1: On the second floor areas where asbestos containing floor mastic is present, should all contractors include removal of mastic containing subfloor in their bid? Re: Mastic embedded in wood subfloor cannot be removed and will still be positive for asbestos if carpet/vft is removed alone.
A1: Please refer to item 1c above.
Q2: On the walk, the architect mentioned that all interior wall/ceiling finishes are to be removed except for the centerpiece skylight area in the 1st floor open area. Do all interior perimeter walls go as well? The plans only show interior walls, no perimeter.
A2: Please review attachment provided ADH101/Drywall and ADH111/Ceiling.
Q3: Please issue actual surveys for proper removal and disposal of asbestos materials.
A3: Please refer to item 1d above.
Q4: Scope calls for the removal of black mastic on 2nd floor, this material may be a wood substrate. If so, not all asbestos can or be removed unless the wood subfloor substrate is removed as well. Is this what you want? Other options may be available such as covering with ¼” playwood of a cementitious board layer.
A4: Please refer to item 1c above.
Q5: The abatement contractor should not be allowed to carry the “consultant” under his contract or under his direct control. It IS a conflict of interest and cannot guarantee anyone’s safety.
A5: Please refer to item 1b above.
All other terms and conditions remain in full force and effect.
Mary V. Horger
Financial Services Manager
8985 East Nichols Avenue, Suite 350
Centennial, CO 80112
www.atcassociates.com
Tel (303) 799-6100
Fax (303) 799-3441
October 15, 2010
Mr. Timothy C. Woodward
Principal, Eastern Region Manager – Asbestos/Hazardous Materials ARCADIS U.S., Inc.
194 Forbes Road
Braintree, MA 02184
Subject: Asbestos Complete Interior Survey
Ukiah Banking Center
501 S. State Street
Ukiah, California
Mail Code: CA1-125
ATC Project #:035.09072.0001
Dear Mr. Woodward:
ATC Associates Inc. (ATC) conducted a Complete Interior Survey (CIS) of asbestos-containing building materials (ACBMs) at the above-referenced Bank of America building for ARCADIS U.S., Inc. (ARCADIS).
The survey was requested by Mr. Timothy C. Woodward of ARCADIS to identify the location and quantity of ACBMs in the building. The focus of the survey was to identify visible and accessible suspect ACBMs.
Background information on the Site, a summary of the asbestos survey as well as the inspector’s certification and license are provided below.
BACKGROUND INFORMATION
The site is a single-story with mezzanine banking center located on South State Street in Ukiah, California.
The site is owned by Bank of America and managed by Cushman and Wakefield. The Bank of America space totals 11,288 rentable square feet. Interior finished walls are primarily drywall with associated joint compound finished with paint or wallpaper. Ceilings are comprised of a mixture of 2’ x 2’, and 2’ x 4’ suspended and 1’ x 1’ glued-on acoustic ceiling tiles as well as drywall with associated joint compound finished with paint. The flooring consists of a mixture of vinyl floor tiles with mastic, ceramic tile with associated grout and adhesive/underlayment, and/or carpeting overlaying the concrete floor. Non-asbestos Thermal System Insulation (TSI) was present in the form of fiberglass insulation on ducts and pipes located above the ceiling and in mechanical spaces throughout the building.
ASBESTOS SURVEY
Prior to the commencement of the CIS, ATC reviewed prior asbestos survey data, if available, in ATC’s archived project files. As indicated herein, additional samples were collected to fill the gaps in the existing data. Useable previous data was input into a Homogeneous Application Table (HAT) along with the data generated during this survey.
The survey was performed on September 30, 2010 by Mr. James Estes of ATC. A copy of his California Asbestos Certification is provided in Attachment A. During the inspection, a total of 37 homogeneous ATTACHMENT 1
Asbestos Complete Interior Survey ATC Project Number: 035.09072.0001 Ukiah Banking Center October 15, 2010
501 South State Street, Ukiah CA Page 2
applications (HAs) were identified and a total of 13 bulk samples were collected and submitted for laboratory analysis. The laboratory testing results for approximately 34 bulk samples from past surveys are also included in the HAT. The results of the CIS are presented in the Attachments to this report as follows:
Attachment B – Homogeneous Application Table
Attachment C – Laboratory Data Package and Chain of Custody Attachment D – Floor Plans indicating sampling locations Attachment E – Photographs of the HAs
Consistent with Bank of America’s scope of work for a CIS, unless noted herein, destructive testing was not performed at the site in order to identify materials which may be hidden or obstructed. Examples of potentially hidden or obstructed areas include but are not limited to wall cavity interiors, pipe chases, spaces above fixed ceilings, grout/adhesive beneath ceramic tiles/marble tiles/granite, sub floors, and adhesives behind wall mounted mirrors, etc. The survey did not include roofing and the exterior of the building. Refer to the buildings Asbestos Operations & Maintenance Plan (OMP) in IDEA regarding potentially hidden, obstructed or non-sampled ACBMs.
For buildings constructed post-1990 (i.e. 1991 or more recent) or when renovations have occurred post-1990, consistent with the scope for a CIS, ATC only sampled “specified materials” (flooring, mastics, etc.). Materials such as TSI, spray-applied fireproofing, suspended ceiling tiles, gypsum wallboard and joint compound were not sampled in post-1990 buildings.
CONCLUSIONS
As presented in the HAT in Attachment B, the results of the CIS identified confirmed and identified suspect ACBMs in the building.
When reviewing the HAT, in general, materials confirmed as ACBMs are identified by the National Emission Standards for Hazardous Air Pollutants (NESHAP) categories (refer to the NESHAP column of the HAT):
Friable RACM
CAT 1 Non-friable RACM
CAT 2 Non-friable RACM
ACCM
In some cases, materials which may be ACBMs could not be sampled and are identified as “Suspect ACM, Not Sampled” in the HAT. Until determined otherwise, suspect and not sampled ACBMs should be treated as asbestos-containing in accordance with the buildings asbestos Operations & Maintenance (O&M) Program (refer to the asbestos OMP in IDEA).
Materials confirmed as non-ACBMs are identified by the NESHAP categories:
Non-ACM, Sampled
Assumed Non-ACM, Not Sampled
In addition, as presented on the HAT, asbestos-containing spray applied insulation (“S – Spray-Applied Insulation” and/or “S – Fireproofing”) also known as “spray-on” was identified in the building. Spray-on ACBMs are highly friable (presenting a higher risk of fiber release) and must be closely monitored and
Asbestos Complete Interior Survey ATC Project Number: 035.09072.0001 Ukiah Banking Center October 15, 2010
501 South State Street, Ukiah CA Page 3
maintained under an Operations and Maintenance program. Contact the building’s Property Manager to confirm that proper procedures are being followed with respect to these materials.
RECOMMENDATIONS
ATC recommends that all suspect and confirmed ACBMs, if present, be managed in accordance with an O&M Program. In most cases, when an ACBM is in “Good” condition, we anticipate that the material can be managed under the Operations and Maintenance program in-place with abatement only being required when materials will be disturbed (i.e. renovation and some maintenance activities).
CLOSING
The CIS described herein was conducted by the undersigned of ATC. ATC’s investigation consisted solely of the activities described herein and is subject to the Limitations and Service Constraints in Attachment F. Prior to performing renovation or demolition activities, the existing data should be reviewed to confirm all building materials which may be impacted have been evaluated to determine if they are ACBMs and that the existing data is complete and complies with all laws and regulations. In some cases, additional testing, including destructive testing, may be required prior to demolition or renovation activities, especially with respect to potentially hidden, obstructed or non-sampled ACBMs. Contact the Property Manager if you have any questions regarding this data and/or the need for additional sampling.
Thank you for your time and consideration. Please do not hesitate to call if you have questions regarding the results of this CIS or require additional information.
Sincerely,
ATC Associates Inc.
James Estes, CAC #08-4346 Eloy F. Cisneros, CAC #02-3136 AHERA Accredited Asbestos Building Inspector Branch Manager Attachments:
A Certifications
B Asbestos Homogeneous Application Table
C Laboratory Data Package and Chain of Custody
D Floor Plans
E Photographs
F Limitations and Service Constraints
ATTACHMENT A
Certifications
ATTACHMENT B
Asbestos Homogeneous Application Table
Mail Code CA1-125
Address 501 S. State Street
City Ukiah
State CA
Survey Date 9/30/2010
Survey Type Complete Interior Survey
Floors 2
Overwrite Existing HAT Yes
Homogeneous Application Table
CA1-125
HA No. Material Type Primary
Color Texture Description NESHAP Cat. Floor Rooms Location Condition Amt. Units Status ModifiedDate Description 1 M - Gypsum Board w/ Joint Compound White Not
Applicable Not Applicable ACCM M and 1 NER, Break Room, Hallway, Office, Supply Room (N), SupplyRoom (S), Men’s Restroom, Women’s Restroom Multiple Good 12000 SF Unchanged 2 M - Cove Base Mastic Brown Not
Applicable
Associated Mastic with 4" Beige Cove
Base, HA# 9 Non-ACM, Sampled M Mezzanine Break Room, Mezzanine Hallway Wall Good 140 LF Unchanged 3 S - Acoustical Plaster White Rough Over Gypsum Board, HA# 1 Friable RACM M and 1 Mezzanine Break Room, Mezzanine Hallway, Mezzanine NER, Mezzanine Restrooms, 1st Floor ATM Room, Lobby Ceiling Good 7000 SF Unchanged 4 M - Vinyl Floor Tile Tan Smooth 12"x 12" with Tan Mastic, HA# 10 Non-ACM, Sampled 1 ATM Room, 1st Floor Staff Room Floor Good 1000 SF Unchanged 5 M - Vinyl Floor Tile Gray Smooth 12" x 12" with Tan Mastic, HA# 11 Non-ACM, Sampled 1 Bottom of SW Stairs Floor Good 40 SF Unchanged 6 M - Cove Base Mastic Yellow Not
Applicable Associated Mastic with 4"Gray Cove Base Non-ACM, Sampled 1 New Accounts Wall Good 0 LF Abated 7 M - Carpet Glue/Mastic Yellow Not
Applicable
Associated Mastic with Multi-Colored
Carpet Non-ACM, Sampled 1 New Accounts Floor Good 0 SF Abated 8 M - Wall Paper Tan Not
Applicable Patterned Non-ACM, Sampled 1 Drive Thru Area, New Break Room Wall Good 500 SF Unchanged 9 M - Cove Base Tan Not
Applicable 4" Rubber with Brown Mastic, HA# 2 Assumed Non-ACM, NotSampled M Mezzanine Break Room, Mezzanine Hallway Wall Good 140 LF Unchanged 10 M - Floor Tile Mastic Tan Smooth Associated Mastic with 12" x 12" Tan Floor Tile, HA# 4 Non-ACM, Sampled 1 ATM Room Floor Good 375 SF Unchanged 11 M - Floor Tile Mastic Gray Smooth Associated Mastic with 12" x 12" Gray Floor Tile, HA# 5 Non-ACM, Sampled 1 Bottom of SW Stairs Floor Good 40 SF Unchanged 12 M - Vinyl Floor Tile White Not
Applicable
12" x 12" with Black Pebble Pattern and
Black Mastic, HA# 13 CAT 1 Non-friable RACM M and 1 Equipment Room, Break Room, Hallway, Teller Line, Men's andWomen's R.R.'s, Drive Thru ATM, Records Room 2 Floor Good 4940 SF Unchanged 13 M - Floor Tile Mastic Black Not
Applicable
For 12" x 12" White with Black Pebble
Pattern Floor Tile, HA# 12 CAT 1 Non-friable RACM M and 1 Equipment Room, Break Room, Hallway, Teller Line, Men's andWomen's R.R.'s, Drive Thru ATM, Records Room 2 Floor Good 4940 SF Unchanged 14 S - Wall Plaster White Not
Applicable Not Applicable Friable RACM M and 1 Men's and Women's R.R.'s, Training Room, Teller Line, EquipmentRoom, Hallway, Lobby Wall Good 3210 SF Unchanged 15 M - Joint Compound White Not
Applicable Over Wallboard, HA# 17 ACCM M and 1 Throughout Branch Multiple Good 3625 SF Unchanged 16 M - Ceiling Tile, 12" - Spline or Glue Set White Fissured Splined Non-ACM, Sampled 1 Platform, Conference Room, Throughout 1st Floor Ceiling Good 3820 SF Unchanged 17 M - Gypsum Board White Not
Applicable With Joint Compound, HA# 15 Non-ACM, Sampled M and 1 Throughout Branch Wall Good 20000 SF Unchanged 18 M - Construction Mastics Brown Not
Applicable Under Rubber Stair Coverings, HA# 19 Non-ACM, Sampled M and 1 Stairs Throughout Floor Good 130 SF Unchanged 19 M - Vinyl Floor Tile Brown Not
Applicable
12" x 36" Rubber Stair Coverings with
Brown Mastic, HA# 18
Assumed Non-ACM, Not
Sampled M and 1 Stairs Throughout Floor Good 130 SF Unchanged 20 M - Ceiling Tiles and Lay-in Panels White Not
Applicable 2' x 4' Suspended Non-ACM, Sampled 1 Not Observed Ceiling Good 0 SF Abated 21 M - Ceiling Tiles and Lay-in Panels White Fissured 2' x 2' Suspended Non-ACM, Sampled M and 1 1st Floor Staff Room, Mezzanine Office Ceiling Good 450 SF Unchanged 22 M - Carpet Glue/Mastic Yellow Not
Applicable Under Red 24" x 24" Carpet Tiles, HA# 23 Non-ACM, Sampled 1 Platform, Platform Conference Room Floor Good 4000 SF Unchanged 23 M - Carpet Glue/Mastic Red Not
Applicable
24" x 24" Carpet Tiles with Yellow Glue,
HA# 22
Assumed Non-ACM, Not
Sampled 1 Platform, Platform Conference Room Floor Good 4000 SF Unchanged 24 M - Underlayment White Not
Applicable
Leveling Compound under Yellow Carpet
Glue, HA# 22 Non-ACM, Sampled 1 Concealed under Carpet Tiles on Platform Floor Good 3000 SF Unchanged 25 M - Cove Base Mastic White Not
Applicable
Over Brown and Tan, for 4" Black rubber
Cove Base, HA# 26 Non-ACM, Sampled 1 Throughout 1st Floor Wall Good 1100 LF Unchanged 26 M - Cove Base Black Not
Applicable 4" Rubber with Mastic, HA# 25 Assumed Non-ACM, NotSampled 1 Throughout 1st Floor Wall Good 1100 LF Unchanged 27 M - Ceramic Tile Tan Not
Applicable
12" x 12" with Seashell Print and Black Tile
Grout, HA# 28
Assumed Non-ACM, Not
Sampled 1 Lobby, (concealed under some Carpet for Platform) Floor Good 3500 SF Unchanged 28 M - Tile Grout Black Not
Applicable For 12" x 12" Tan Ceramil Tile, HA# 27 Suspect ACM, NotSampled 1 Lobby, (concealed under some Carpet for Platform) Floor Good 3500 SF Unchanged 29 M - Underlayment Not Visible Not Visible Under Tan Ceramic Floor Tile, HA# 27 Suspect ACM, Not 1 Lobby, (concealed under some Carpet for Platform) Floor Good 3500 SF Unchanged 30 M - Carpet Glue/Mastic Not Visible Not
Applicable Orange Carpet (Tack and Strip, NO GLUE) Assumed Non-ACM, NotSampled 1 ATM Room Floor Good SF Unchanged 31 M - Ceramic Tile White Not
Applicable 6" x 4" with White Tile Grout, HA# 32 Assumed Non-ACM, NotSampled M Men's and Women's Restroowm Walls, Bottom 4' Wall Good 630 SF Unchanged 32 M - Tile Grout White Not
Applicable For White Ceramic Wall Tile, HA# 31 Suspect ACM, NotSampled M Men's and Women's Restroowm Walls, Bottom 4' Wall Good 630 SF Unchanged 33 M - Underlayment Not Visible Not Visible For White Ceramic Wall Tile, HA# 31 Suspect ACM, Not M Men's and Women's Restroowm Walls, Bottom 4' Wall Good 630 SF Unchanged 34 M - Ceramic Tile Tan Not
Applicable
With Brown, 1' x 1' Mosaic Pattern with
Gray tile Grout, HA# 35
Assumed Non-ACM, Not
Sampled M Men's and Women's R.R.'s Floor Good 250 SF Unchanged 35 M - Tile Grout Gray Not
Applicable For Tan Ceramic Floor Tiles, HA# 34 Suspect ACM, NotSampled M Men's and Women's R.R.'s Floor Good 250 SF Unchanged 36 M - Underlayment Not Visible Not Visible For Tan Ceramic Floor Tiles, HA# 34 Suspect ACM, Not M Men's and Women's R.R.'s Floor Good 250 SF Unchanged 37 M - Underlayment Gray Not
Applicable
And Black Leveling Compound under Red
Carpet Tile, HA# 23 CAT 1 Non-friable RACM 1 Platform, Platrorm Conference Room (Concealed under Carpet) Floor Good 1000 SF Unchanged
Results of Sample Analyses
CA1-125
HA No. Material Type Id Location Content Type Friable Sample Date Consultant Method Lab Notes 1 M - Gypsum Board w/ Joint Compound 001 NER 0.1% to
<1% Chrysotile No 12/17/2007 ATC PLM/PLM PointCount Hygeia 1 M - Gypsum Board w/ Joint Compound 002 Supply Room 0.1% to <1% Chrysotile No 12/17/2007 ATC PLM/PLM PointCount Hygeia 1 M - Gypsum Board w/ Joint Compound 003 Closet 0.1% to <1% Chrysotile No 12/17/2007 ATC PLM/PLM PointCount Hygeia 2 M - Cove Base Mastic 004 Mezz Hallway ND No 12/17/2007 ATC PLM Hygeia 2 M - Cove Base Mastic 005 Break Room Mezz ND No 12/17/2007 ATC PLM Hygeia 2 M - Cove Base Mastic 006 Break Room Mezz ND No 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 007 Break Room Mezz >1%-
10% Chrysotile Yes 12/17/2007 ATC PLM Hygeia
3 S - Acoustical Plaster 008 Break Room Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 009 Hallway Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 010 Hallway Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 011 NER Room Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 012 NER Room Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 3 S - Acoustical Plaster 013 NER Room Mezz POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 4 M - Vinyl Floor Tile 014 ATM Room POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 4 M - Vinyl Floor Tile 015 ATM Room POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 4 M - Vinyl Floor Tile 016 ATM Room POS Chrysotile Yes 12/17/2007 ATC PLM Hygeia 4 M - Floor Tile Mastic 14m ATM Room ND No 12/17/2007 ATC PLM Hygeia 4 M - Floor Tile Mastic 15m ATM Room ND No 12/17/2007 ATC PLM Hygeia 4 M - Floor Tile Mastic 16m ATM Room ND No 12/17/2007 ATC PLM Hygeia 5 M - Vinyl Floor Tile 017 Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 5 M - Vinyl Floor Tile 018 Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 5 M - Vinyl Floor Tile 019 Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 5 M - Floor Tile Mastic 17m Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 5 M - Floor Tile Mastic 18m Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 5 M - Floor Tile Mastic 19m Bottom of Stairs ND No 12/17/2007 ATC PLM Hygeia 6 M - Cove Base Mastic 020 New Accounts ND No 12/17/2007 ATC PLM Hygeia 6 M - Carpet Glue/Mastic 021 New Accounts ND No 12/17/2007 ATC PLM Hygeia 6 M - Carpet Glue/Mastic 022 New Accounts ND No 12/17/2007 ATC PLM Hygeia 7 M - Carpet Glue/Mastic 023 New Accounts ND No 12/17/2007 ATC PLM Hygeia 7 M - Carpet Glue/Mastic 024 New Accounts ND No 12/17/2007 ATC PLM Hygeia 7 M - Carpet Glue/Mastic 025 New Accounts ND No 12/17/2007 ATC PLM Hygeia 8 M - Wall Paper 026 Old Drive Thru Area ND No 12/17/2007 ATC PLM Hygeia 8 M - Wall Paper 027 Old Drive Thru Area ND No 12/17/2007 ATC PLM Hygeia 8 M - Wall Paper 028 Old Drive Thru Area ND No 12/17/2007 ATC PLM Hygeia 22 M - Carpet Glue/Mastic 22AAdhesive PLATFORM CONF ROOM ND No 9/30/2010 ATC PLM EMSL 37 M - Underlayment
22ALeveling
Compound
PLATFORM CONF ROOM >1%-
10% Chrysotile Yes 9/30/2010 ATC PLM EMSL
22 M - Carpet Glue/Mastic 22BAdhesive PLATFORM SOUTH WEST ND No 9/30/2010 ATC PLM EMSL 37 M - Underlayment
22BLeveling
Compound
PLATFORM SOUTH WEST Pos
Stop Yes 9/30/2010 ATC PLM EMSL
22 M - Carpet Glue/Mastic 22C PLASTFORM CONF. ROOM ND No 9/30/2010 ATC PLM EMSL 24 M - Underlayment 24A PLATFORM ND Yes 9/30/2010 ATC PLM EMSL 22 M - Carpet Glue/Mastic 24AAdhesive PLATFORM ND No 9/30/2010 ATC PLM EMSL 24 M - Underlayment 24B PLATFORM ND Yes 9/30/2010 ATC PLM EMSL 22 M - Carpet Glue/Mastic 24BAdhesive PLATFORM ND No 9/30/2010 ATC PLM EMSL 24 M - Underlayment 24C PLATFORM ND Yes 9/30/2010 ATC PLM EMSL 22 M - Carpet Glue/Mastic 24CAdhesive PLATFORM ND No 9/30/2010 ATC PLM EMSL
Results of Sample Analyses
CA1-125
HA No. Material Type Id Location Content Type Friable Sample Date Consultant Method Lab Notes 25 M - Cove Base Mastic 25A PLATFORM CONF. ROOM ND No 9/30/2010 ATC PLM EMSL 25 M - Cove Base Mastic 25B COUPON BOOTH ND No 9/30/2010 ATC PLM EMSL 25 M - Cove Base Mastic 25C TELLER LINE Not
Analyze No 9/30/2010 ATC PLM EMSL
HA Table Values and Instructions
rev. 11.20.2008
Overwrite: If you choose "yes" to overwrite the existing HAT, all of the current HAT data for the site will be lost. Any ACM data from prior surveys that needs to be kept must be included in this HAT file if you choose "yes". If you are simply adding to the existing data in IDEA, then choose "no" on the overwrite.
Instructions
1. Only one homogenous application number (HA No.) can be used for each application. Multiple entries for the same HA must use the same HA number.
2. When available, predetermined values in the drop down menu must be used. These values cannot be changed by the user.
4. When an inspector determines that a material is non-ACM, this should be indicated by selecting the "non-ACM" listing in the "NESHAP Cat. Column. In this case, the "Quantity" information is not required.
5. A listing of the preset values for the tables is provided below.
HA Table Values
HA No. Material Type Primary Color Texture Description NESHAP Cat. Floor Rooms Location Condition No. Units Status Modified Date Description Id Location Content Type Friable Sample Date Consultant Method Lab Notes 1 M - Acoustic Wall Panel Aqua Fissured Free Text Friable RACM Use "," with no space Free text Ceiling Sig. Damaged No. EA Unchanged dd/mm/yyyy Free Text Free Text Free Text ND Blend Yes dd/mm/yyyy ATC PLM Free Text Free Text 2 M - Asphalt Floor Tile Beige Grooved CAT 1 Non-friable RACM between values and Floor Damaged SF Abated Pos Stop Chrysotile No EFI TEM 3 M - Asphalt Roof Shingle Black Rough CAT 2 Non-friable RACM "…" with no spaces Wall Good LF Partially Abated <0.1% Actinolite ARCADIS PLM Point Count 4 M - Asphalt Shingle Siding Blue Smooth Non-ACM, Sampled between ranges of Roof Renovated 0.1% to <1% Amosite PLM NOB 5 M - Base Flashing Brown Not Applicable ACCM values. Multiple 1% Anthophylite TEM NOB 6 M - Batt Insulation, Wall or Ceiling w/ Tar Cover Clear Not Visible Assumed Non-ACM, Not Sampled Shaftways >1%-10% Crocidolite PLM/TEM NOB 7 M - Blown-in Insulation Gold Suspect ACM, Not Sampled Other >10% Tremolite PLM/PLM Point Count 8 M - Built-up Roofing Gray Not Analyzed
9 M - Carpet Glue/Mastic Green
10 M - Caulking/Putties Orange
11 M - Ceiling Panel Pink
12 M - Ceiling Tiles and Lay-in Panels Purple
13 M - Ceiling Tile, 12" - Spline or Glue Set Red
14 M - Ceiling Tile Glue Tan
15 M - Cement Pipes White
16 M - Cement Siding Yellow
17 M - Cement Wallboard Not Visible
18 M - Cementitious Roof Shingle
19 M - Ceramic Tile
20 M - Chalkboards
21 M - Chimney Flashing
22 M - Construction Mastics
23 M - Cooling Towers
24 M - Cooling Tower Louvers/Panels
25 M - Cove Base
26 M - Cove Base Mastic
27 M - Duct Mastic
28 M - Electrical Cloth
29 M - Electrical Panel Partitions
30 M - Electrical Wiring Insulation
31 M - Elevator Brake Shoes
32 M - Elevator Equipment Panels
33 M - Exterior Door Caulk
34 M - Exterior Façade Seam Caulk/Sealant
35 M - Exterior Window Caulk
36 M - Exterior Window Glazing Compound
37 M - Exterior Stucco
38 M - Fire Brick
39 M - Fire Blankets
40 M - Fire Curtains
41 M - Fire Doors
42 M - Fireproofing Materials
43 M - Fire Stop Penetration Sealant
44 M - Floor Backing
45 M - Floor Tile Mastic
46 M - Gypsum Board w/ Joint Compound
47 M - Gypsum Board
48 M - Heating and Electrical Ducts
49 M - HVAC Unit Caulk
50 M - Joint Compound
51 M - Laboratory Gloves
52 M - Laboratory Hoods/Table Tops
53 M - Mastic Coating on Surface
54 M - Mortar
55 M - Packing Materials (Wall/Floor Penetrations)
56 M - Pitch Pocket Mastic
57 M - Rolled Asphalt Roofing
58 M - Roof Caulk
59 M - Roof Decking
60 M - Roof Expansion Joint Flashing
61 M - Roofing Felt Paper
62 M - Roof Flashing
63 M - Roof Insulation
64 M - Roofing Shingles
65 M - Rubber Roof Membrane
66 M - Rubber Roof Membrane Mastic/Sealant
67 M - Sidewalk Caulk
68 M - Sink Undercoating
69 M - Slate Roof Shingle Mastic
70 M - Spackling Compounds
71 M - Tile Grout
72 M - Transite Panels
73 M - Transite Siding
74 M - Underlayment
75 M - Vapor Barrier
76 M - Vinyl Floor Tile
77 M - Vinyl Sheet Flooring
78 M - Vinyl Wall Compounds
79 M - Wall Paper
80 M - Wall Paper Glue
81 M - Wall Paper Mastic
82 M - Waterproofing Felt
83 M - Waterproofing Mastic
84 S - Acoustical Plaster
85 S - Ceiling Plaster
86 S - Ceiling Plaster White Coat
87 S - Ceiling Plaster Brown Coat
88 S - Ceiling Texture
89 S - Decorative Plaster
90 S - Exterior Plaster
91 S - Fireproofing
92 S - Interior Stucco
93 S - Plaster Wall/Ceiling System Plus Skim Coat
94 S - Spray-Applied Insulation
95 S - Textured Paints/Coatings
96 S - Wall Plaster
97 S - Wall Plaster White Coat
98 S - Wall Plaster Brown Coat
99 T - Boiler Insulation
100 T - Breaching Insulation
101 T - Ductwork Flexible Fabric Connections
102 T - Exterior Pipe Insulation
103 T - Exterior Duct Insulation
104 T - High Temperature Gaskets
105 T - HVAC Duct Insulation
106 T - Insulation - Misc.
107 T - Mastic Coating on Thermal Pipe Jacket Cover
108 T - Pipe Insulation (Corrugated Air-Cell, Block, etc.) 109 T - Pipe Insulation (Fittings, Elbows, Runs)
110 T - Taping Compounds (Thermal)
111 T - Thermal Paper Products
Material Description Location of Homogenous Location Quantity Status Sample
ATTACHMENT C
Laboratory Data Package and Chain of Custody
Sample Description Appearance % Type
Non-Asbestos Asbestos
% Fibrous % Non-Fibrous
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy
041022828
Attn: Eloy F. Cisneros
ATC Associates (Pleasanton)
6602 Owens Drive
Suite 100
Pleasanton, CA 94588
Customer PO:
Received: 10/04/10 12:15 PM
Bank of America
BANK OF AMERICA; CA1-125; UKIAH
Customer ID: ATC60
Fax: (925) 463-2559 Phone: (925) 460-5300
Project:
EMSL Order:
EMSL Proj:
Analysis Date: 10/6/2010
EMSL Analytical, Inc.
200 Route 130 North, Cinnaminson, NJ 08077
Phone: (856) 858-4800 Fax: (856) 786-5974 Email: [email protected] 22A-Adhesive
041022828-0001
PLATFORM
CONF ROOM -
YELLOW
CARPET ADH.
OVER BLACK
MASTIC
Yellow None Detected
HA: 22
HA Number: 22
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
5% Cellulose 95% Non-fibrous (other)
22A-Leveling
Compound
041022828-0001A
PLATFORM
CONF ROOM -
GREY LEVEL.
COMPOUND
Gray
HA: 22
HA Number: 22
Material Type: M - Spackling Compounds
Friable: Yes
Non-Fibrous
Homogeneous
97% Non-fibrous (other) 3% Chrysotile
22B-Adhesive
041022828-0002
PLATFORM
SOUTH WEST -
YELLOW
CARPET ADH.
OVER BLACK
MASTIC
Yellow None Detected
HA: 22
HA Number: 22
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
3% Cellulose 97% Non-fibrous (other)
1 Stephen Siegel, CIH, Laboratory Manager
or other approved signatory
Analyst(s)
Test Report PLM-7.21.0 Printed: 10/6/2010 1:35:06 PM
EMSL maintains liability limited to the cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. The test results contained within this report meet the requirements of NELAC unless otherwise specified. Samples received in good condition unless otherwise noted.
Samples analyzed by EMSL Analytical, Inc. 200 Route 130 North, Cinnaminson NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036 Glenn Brennan (8)
Gregory Mortka (4)
Initial report from 10/06/2010 13:35:06
Sample Description Appearance % Type
Non-Asbestos Asbestos
% Fibrous % Non-Fibrous
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy
041022828
Attn: Eloy F. Cisneros
ATC Associates (Pleasanton)
6602 Owens Drive
Suite 100
Pleasanton, CA 94588
Customer PO:
Received: 10/04/10 12:15 PM
Bank of America
BANK OF AMERICA; CA1-125; UKIAH
Customer ID: ATC60
Fax: (925) 463-2559 Phone: (925) 460-5300
Project:
EMSL Order:
EMSL Proj:
Analysis Date: 10/6/2010
EMSL Analytical, Inc.
200 Route 130 North, Cinnaminson, NJ 08077
Phone: (856) 858-4800 Fax: (856) 786-5974 Email: [email protected] 22B-Leveling
Compound
041022828-0002A
PLATFORM
SOUTH WEST -
GREY LEVEL.
COMPOUND
Stop Positive (Not
Analyzed)
HA: 22
HA Number: 22
Material Type: M - Spackling Compounds
Friable: Yes
22C
041022828-0003
PLASTFORM
CONF. ROOM -
YELLOW
CARPET ADH.
OVER BLACK
MASTIC/GREY
LEVEL.
COMPOUND
Yellow None Detected
HA: 22
HA Number: 22
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
24A
041022828-0004
PLATFORM -
UNDERLAYMENT/
WHITE
LEVELING
COMPOUND
White None Detected
HA: 24
HA Number: 24
Material Type: M - Spackling Compounds
Friable: Yes
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
2 Stephen Siegel, CIH, Laboratory Manager
or other approved signatory
Analyst(s)
Test Report PLM-7.21.0 Printed: 10/6/2010 1:35:06 PM
EMSL maintains liability limited to the cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. The test results contained within this report meet the requirements of NELAC unless otherwise specified. Samples received in good condition unless otherwise noted.
Samples analyzed by EMSL Analytical, Inc. 200 Route 130 North, Cinnaminson NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036 Glenn Brennan (8)
Gregory Mortka (4)
Initial report from 10/06/2010 13:35:06
Sample Description Appearance % Type
Non-Asbestos Asbestos
% Fibrous % Non-Fibrous
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy
041022828
Attn: Eloy F. Cisneros
ATC Associates (Pleasanton)
6602 Owens Drive
Suite 100
Pleasanton, CA 94588
Customer PO:
Received: 10/04/10 12:15 PM
Bank of America
BANK OF AMERICA; CA1-125; UKIAH
Customer ID: ATC60
Fax: (925) 463-2559 Phone: (925) 460-5300
Project:
EMSL Order:
EMSL Proj:
Analysis Date: 10/6/2010
EMSL Analytical, Inc.
200 Route 130 North, Cinnaminson, NJ 08077
Phone: (856) 858-4800 Fax: (856) 786-5974 Email: [email protected] 24A-Adhesive
041022828-0004A
PLATFORM -
YELLOW
CARPET
ADHESIVE
Yellow None Detected
HA: 24
HA Number: 24
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
24B
041022828-0005
PLATFORM -
UNDERLAYMENT/
WHITE
LEVELING
COMPOUND
White None Detected
HA: 24
HA Number: 24
Material Type: M - Spackling Compounds
Friable: Yes
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
24B-Adhesive
041022828-0005A
PLATFORM -
YELLOW
CARPET
ADHESIVE
Yellow None Detected
HA: 24
HA Number: 24
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
3 Stephen Siegel, CIH, Laboratory Manager
or other approved signatory
Analyst(s)
Test Report PLM-7.21.0 Printed: 10/6/2010 1:35:06 PM
EMSL maintains liability limited to the cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. The test results contained within this report meet the requirements of NELAC unless otherwise specified. Samples received in good condition unless otherwise noted.
Samples analyzed by EMSL Analytical, Inc. 200 Route 130 North, Cinnaminson NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036 Glenn Brennan (8)
Gregory Mortka (4)
Initial report from 10/06/2010 13:35:06
Sample Description Appearance % Type
Non-Asbestos Asbestos
% Fibrous % Non-Fibrous
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy
041022828
Attn: Eloy F. Cisneros
ATC Associates (Pleasanton)
6602 Owens Drive
Suite 100
Pleasanton, CA 94588
Customer PO:
Received: 10/04/10 12:15 PM
Bank of America
BANK OF AMERICA; CA1-125; UKIAH
Customer ID: ATC60
Fax: (925) 463-2559 Phone: (925) 460-5300
Project:
EMSL Order:
EMSL Proj:
Analysis Date: 10/6/2010
EMSL Analytical, Inc.
200 Route 130 North, Cinnaminson, NJ 08077
Phone: (856) 858-4800 Fax: (856) 786-5974 Email: [email protected] 24C
041022828-0006
PLATFORM -
UNDERLAYMENT/
WHITE
LEVELING
COMPOUND
White None Detected
HA: 24
HA Number: 24
Material Type: M - Spackling Compounds
Friable: Yes
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
24C-Adhesive
041022828-0006A
PLATFORM -
YELLOW
CARPET
ADHESIVE
Yellow None Detected
HA: 24
HA Number: 24
Material Type: M - Carpet Glue/Mastic
Friable: No
Non-Fibrous
Homogeneous
4% Cellulose 96% Non-fibrous (other)
25A
041022828-0007
PLATFORM
CONF. ROOM -
WHITE WITH
BROWN AND
TAN COVE BASE
ADHESIVE
Various None Detected
HA: 25
HA Number: 25
Material Type: M - Cove Base Mastic
Friable: No
Non-Fibrous
Homogeneous
100% Non-fibrous (other)
4 Stephen Siegel, CIH, Laboratory Manager
or other approved signatory
Analyst(s)
Test Report PLM-7.21.0 Printed: 10/6/2010 1:35:06 PM
EMSL maintains liability limited to the cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. The test results contained within this report meet the requirements of NELAC unless otherwise specified. Samples received in good condition unless otherwise noted.
Samples analyzed by EMSL Analytical, Inc. 200 Route 130 North, Cinnaminson NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036 Glenn Brennan (8)
Gregory Mortka (4)
Initial report from 10/06/2010 13:35:06
Sample Description Appearance % Type
Non-Asbestos Asbestos
% Fibrous % Non-Fibrous
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized Light Microscopy
041022828
Attn: Eloy F. Cisneros
ATC Associates (Pleasanton)
6602 Owens Drive
Suite 100
Pleasanton, CA 94588
Customer PO:
Received: 10/04/10 12:15 PM
Bank of America
BANK OF AMERICA; CA1-125; UKIAH
Customer ID: ATC60
Fax: (925) 463-2559 Phone: (925) 460-5300
Project:
EMSL Order:
EMSL Proj:
Analysis Date: 10/6/2010
EMSL Analytical, Inc.
200 Route 130 North, Cinnaminson, NJ 08077
Phone: (856) 858-4800 Fax: (856) 786-5974 Email: [email protected] 25B
041022828-0008
COUPON
BOOTH - WHITE
WITH BROWN
AND TAN COVE
BASE ADHESIVE
Various None Detected
HA: 25
HA Number: 25
Material Type: M - Cove Base Mastic
Friable: No
Non-Fibrous
Heterogeneous
100% Non-fibrous (other)
25C
041022828-0009
TELLER LINE -
WHITE WITH
BROWN AND
TAN COVE BASE
ADHESIVE
Not Submitted
HA: 25
HA Number: 25
Material Type: M - Cove Base Mastic
Friable: No
5 Stephen Siegel, CIH, Laboratory Manager
or other approved signatory
Analyst(s)
Tes THIS IS THE LAST PAGE OF THE REPORT. t Report PLM-7.21.0 Printed: 10/6/2010 1:35:06 PM EMSL maintains liability limited to the cost of analysis. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. The test results contained within this report meet the requirements of NELAC unless otherwise specified. Samples received in good condition unless otherwise noted.
Samples analyzed by EMSL Analytical, Inc. 200 Route 130 North, Cinnaminson NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036 Glenn Brennan (8)
Gregory Mortka (4)
Initial report from 10/06/2010 13:35:06
ATTACHMENT D
Floor Plans
ATTACHMENT E
Photographs
BANK OF AMERICA
CA1-125 PHOTO LOG
Banking Center HA-3, 1
HA-4 HA-4, 30
HA-9, 12 HA-5
BANK OF AMERICA
CA1-125 PHOTO LOG
HA-8 HA-12
HA-31, 32 HA-34, 35
HA-16 HA-19
BANK OF AMERICA
CA1-125 PHOTO LOG
HA-21 HA-37
HA-26, 23 HA-27, 28
ATTACHMENT F
Limitations and Service Constraints
LIMITATION AND SERVICE CONSTRAINTS
The intent of this survey was to determine the asbestos content of accessible interior building materials.
As such, only accessible building materials were sampled during this survey. Destructive investigation was not conducted to look for concealed materials. Additional suspect and/or confirmed ACM outside of this survey scope may be present at the facility in concealed spaces (such as wall/ceiling/floor/door/mechanical system/electrical system/roofing system cavities, below ground surface, etc.) or associated with aesthetic building finishes. The results, findings, conclusions, and recommendations expressed in this report are based only on conditions that were noted during the survey of the accessible areas of the facility. Reasonable efforts have been made by ATC personnel to locate and sample accessible, suspect materials. ATC’s selection of sample locations and frequency of sampling was based on ATC’s observation and the assumption that similar materials in the same area are homogeneous in content. However, for any facility the existence of unique or concealed ACM and debris is a possibility. ATC does not warrant, guarantee or profess to have the ability to locate or identify all ACM in a facility. The analysis of the bulk samples was conducted using PLM analysis. Confirmatory analysis by more refined methods such as PLM Point Count and TEM analysis was not conducted
Imagine the result
Mr. Noel Guzman
Project Manager
Summer Systems Inc.
28942 Hancock Parkway
Valencia, CA 91355
Submitted Electronically: [email protected]
Subject:
Asbestos-Containing Material Abatement Oversight
Bank of America – Ukiah Branch
501 South State Street
Ukiah, California 95482
Mail Code: CA1-125
Dear Mr. Guzman:
ARCADIS U.S., Inc. (ARCADIS) provided asbestos abatement oversight monitoring and air sampling services at the above-referenced site for Bank of America. The abatement work area(s) included the banking platform and women’s restroom. The abatement was requested by Summer Systems, Inc. (Summer Systems), on behalf of Bank of America. The abatement project was initiated on August 14, 2012 and clearance air monitoring was conducted on August 15, 2012.
Please find the following attachments provided as supporting documentation of the abatement activities.
Attachment A – ARCADIS Limitations and Service Constraints Attachment B – Asbestos Abatement Figure(s)
Attachment C – Daily Field Reports and Project Documents Attachment D – Photographic Log
Attachment E – Laboratory Analytical Results
Attachment F – Homogeneous Application Table (HAT)
ARCADIS U.S., Inc.
630 Plaza Drive
Suite 100
Highlands Ranch
Colorado, 80129
Tel 303.471.3551
Fax 720.344.3535
www.arcadis-us.com
ENVIRONMENT
Date:
October 12, 2012
Contact:
Robyn Buschar
Phone:
303.471.3551
Email:
[email protected]
Our Ref:
HT120704.M129
ATTACHMENT 2
Mr. Noel Guzman
October 12, 2012
Page:
2/4
SCOPE OF WORK
The asbestos abatement was conducted to remove asbestos-containing materials (ACM) that may be impacted during scheduled construction (renovation) activities.
The scope of work included the removal of the following asbestos-containing materials with the designated Homogenous Application (HA) numbers in the attached HAT and subsequent decontamination of affected surfaces:
HA-3: Approximately 16 square feet (sf) of acoustical plaster; HA-15 Approximately 60 sf of joint compound;
HA-16: Approximately 42 sf of 1’ x 1’ ceiling tiles; and HA-17: Approximately 60 sf of gypsum board.
ARCADIS developed a scope of work for the project based upon information gathered during the initial site evaluation. Site diagrams indicating areas of removal are included as Attachment B.
ASBESTOS ABATEMENT
On behalf of Bank of America, Summer Systems selected LVI Services to perform the asbestos abatement services.
On-site monitoring, visual inspections and clearance air sampling were performed by Mr. Farshid Salamati, a California Certified Asbestos Consultant with Environmental Innovations Corporation (EIC), a sub-consultant to ARCADIS. EIC conducted final visual inspections to verify that the asbestos-containing acoustical plaster, joint compound, 1’ x 1’ ceiling tiles, and gypsum board had been removed from the work area(s). The following materials remain in place:
Approximately 6,982 sf of acoustical ceiling plaster (HA-3) located in the Mezzanine Break Room, Mezzanine Hallway, Mezzanine NER, Mezzanine Restrooms, 1st Floor ATM Lobby, Lobby, and Platform;
Approximately 19,940 sf of joint compound (HA-15) and gypsum board (HA-16) located throughout the banking center; and
Approximately 3,818 sf of 1' x 1' Spline-Set Ceiling Tile located throughout the 1st Floor.
Mr. Noel Guzman
October 12, 2012
Page:
3/4
Project notification documentation, daily field reports of project monitoring and inspections, and documentation of appropriate qualifications, and an interim copy of the asbestos Waste Shipment Record (WSR) are provided in Attachment C. A fully executed copy of the WSR will be uploaded to IDEA upon receipt. Representative photographs of the project work are provided in Attachment D.
Air monitoring was conducted during the project in accordance with applicable federal and state regulations, using procedures outlined in the National Institute for Occupational Safety and Health (NIOSH) 7400 Method for asbestos air sample collection and analysis. Air samples collected during the project were analyzed by Phase Contrast Microscopy (PCM) in general accordance with the NIOSH 7400 Method (A Counting Rules).
ASBESTOS ABATEMENT CLEARANCE
Upon completion of asbestos abatement and final cleaning activities in the work area(s), EIC performed a visual inspection of each work area to document that the ACM was removed, no visible dust or debris remained, and that the work area was visibly clean and dry. The work area(s) monitored by EIC successfully met these final visual inspection clearance criteria.
Subsequent to the successful final visual inspection in each work area, final clearance air samples were collected in general accordance with applicable federal and state regulations governing asbestos. Each of the final clearance air samples was reported less than or equal to 0.01 fibers per cubic centimeter (f/cc) of air, which is the United States Environmental Protection Agency (U.S. EPA) post-abatement clearance criterion. Laboratory analytical data for the air samples is provided in Attachment E.
CONCLUSIONS
Based on the visual inspection and results of the clearance air sampling, ARCADIS has determined that the asbestos abatement activities as described in this report were completed per the scope of work, clearance criteria, and in general accordance with applicable federal, state, and local asbestos regulations. ARCADIS has updated the HAT in IDEA to reflect this asbestos abatement project. A copy of the updated HAT is included in Attachment F.
Mr. Noel Guzman
October 12, 2012
Page:
4/4
Please do not hesitate to contact the Environmental Consultant’s Regional Representative if you have questions regarding the results of this Abatement Closeout Report, or if you require additional information.
Sincerely,
ARCADIS U.S., Inc.
Farshid Salamati
California DOSH Certified Asbestos Consultant (CAC)
CAC #: 93-0910
Mark Williams
California Department of Occupational Safety and Health Certified Asbestos Consultant #07-4239
Eduardo J. Padron
Senior Scientist
QC Reviewer
Attachments:
A ARCADIS Limitations and Service Constraints
B Asbestos Abatement Figure
C Daily Field Reports and Project Documents
D Photographic Log
E Laboratory Analytical Results
F Homogeneous Application Table (HAT)
Attachment A
ARCADIS Limitations and Service
Constraints
LIMITATIONS AND SERVICE CONSTRAINTS
Asbestos Related Services
All professional opinions presented in this report are based on information made available to us either by review of data provided by others or data gathered by ARCADIS personnel.
ARCADIS affirms that data gathered and presented by ARCADIS in this report was collected in an appropriate manner in accordance with generally accepted methods and practices.
ARCADIS cannot be responsible for decisions made by our client solely on the basis of economic factors.
Conditions described in this report are as found at the time of investigation, unless otherwise stated.
ARCADIS analyzed only the substances, conditions and locations described in the report at the time indicated. No inferences regarding other substances, conditions, location or time can be made unless specifically stated in this report.
No recommendations were provided for materials containing less than one percent asbestos.
Materials containing less than one percent asbestos do not meet either the generally accepted industry definition of asbestos-containing material (any material containing greater than one percent asbestos) or the EPA definition of friable ACM (any material containing more than one percent (1%) asbestos as analyzed by Polarized Light Microscopy that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure.) ARCADIS, however, makes no statement, implied or explicit, about the hazards of materials containing less than one percent asbestos.
This report is intended for the use listed in the introduction of this report. The use of this report in any manner other than that listed in the introduction requires the written consent of ARCADIS. This report must be presented in its entirety.
Attachment B
Asbestos Abatement Figure
Attachment C
Daily Field Reports and
Project Documents
DAILY FIELD REPORT
BOA-CA1-125-Ukaih-Daily Field Note: f; 9/12; FORM FRONT Project Name: B of A- CA1-125 501 South State Street Ukiah, CA 95482 Date: Aug. 14 & Aug. 15, 2012 Page ___1_ of 1 Project No.: TBD _________________________________________ Phase No.: N/A ARCADIS’ Representative: Farshid Salamanti _________________ Work Area: Banking Plat form & Women Room___________________ Visitors
Name & Company: None Abatement of RACM (Ceiling with Sprayed-On), & ACCM (Ceiling with 1x1 CT)
WORK FORCE
ON SITE
COMPANY NAME SUPERVISORS/WORKERS FROM TO COMMENTS
Summer System Inc. (HVAC) Pablo Meza (Sup.) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C _____ LVI. (abatement) Martin Almarez (Sup.) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C _____ LVI. (abatement) Jose L. Rico (worker) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C _____ LVI. (abatement) Mario. Lizaraga (worker) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C_____ LVI. (abatement) Hugo Flores (worker) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C _____ LVI. (abatement) Vicente Goldnez (worker) 17:00 PM on 08, 14, 2012 04:30 AM on 08, 15, 2012 N/C _____ Additional worker names should be added below. A copy of the contractor’s sign in sheet may substitute for listing workers on ARCADIS’ daily report.
TIME ACTIVITIES
17:00 PM on 08, 14, 2012 to 04:30 AM on 08, 15, 2012 Project Oversight, Air Quality Monitoring & On Site Analytical. 1- Review the project scope of work with (SSI & LVI), Project Oversight, AQM, Visual Inspection and Onsite Analytical. 2- Review cleanup process by contractor (using HEPA Vacuuming & Wet wiping) with LVI Crew….(Mini Containment) 3- Preparation of the area, for further Air Quality Monitoring. 4- Oversight, Air Quality Monitoring during the cleanup operation and on site analytical.
AQM Ranging: 0.003 f/cc to 0.006 f/cc
Area of Work & Scope of Work: Main Banking Platform (11 penetration) & Women Restroom (I penetration) Total of 8 containments including
1-________ 4 RACM (Ceiling penetrations with Sprayed on Ceiling) (2’x2’) App. 16 sq. ft. (Banking Platform) 2-________ 7 ACCM (Ceiling Penetration with 1x1 CT) ( one 2’x2’ & four 2’x4’) App. 42 sq. ft. (Banking Platform) 3-________ 1 RACM (Ceiling penetration expansion with Sprayed on Ceiling) App. 2 sq. ft. (Women Room) Route Originals To: Asbestos & Lead Svc. Mgr. _______________ Field Rep. Signature Farshid Salamati CAC # 93-0910
Environmental Innovations Corp.
Analytical Services Division
Lab Ref. Nº: PDLLC-2007-081412
Approved Signatory: Farshid Salamati
Date: 08-15-2012
Name : Mr. Farshid Salamati
Title : Manager
* Analytical Method : NIOSH Method 7400 Revision #3, 05/15/89 ** Limit of Detection : LOD, Based on the method estimated detection limit of 7 fibers/mm2 of filter surface area. *** Upper Confidence : One sided 95% upper confidence limit. 333 Hegenberger Rd. #210-K • Oakland, California, 94621 • (510) 632-0104 • Fax (866) 292-3691 Email: [email protected]
Copyright EIC LAB-4 (06/05/01/92)
EIC LABORATORY REPORT
NIOSH METHOD 7400 AIRBORN FIBER ANALYSIS pg. 1/2
Client: ARCADIS / CUSHMAN & WAKEFIELD Project #: 2007-081412 Project: BOA CA1-125 501 S. State Street Ukaih, CA 95482 Sampling Date: 08/ 14-15/ 2012 Sampling: AQM during Ceiling (RACM / SOC*) & ACCM (1x1 CT) Rem. & Cleanup Report Date: 08/ 15/ 2012 Total of 4 penetrations of ceiling board / gypsum board 1x1 / 2x2 with Sprayed-On (RACM) & 7 Penetration of ceiling board / gypsum board with 2x2 / 2X4 ceiling tiles (ACCM) was properly removed, bagged, area were HEPA vacuumed, wet wiped & re-HEPA vacuumed. All Area of Concerned were visually inspected prior to Final Clearance. AQM was conducted during all removal & cleanup process. * Sprayed on Ceiling
Sample # Location Vol. (L)f/100field LOQ f/mm^2 f/cc
081412-CA1-125-1 Field Blank #1 0 0 ###### 0.000 #####
081412-CA1-125-2 Field Blank #2 0 0 ###### 0.000 #####
081412-CA1-125-3 Banking Platform W 1230 12 0.002 15.300 0.005 081412-CA1-125-4 Teller Line East 1340 11 0.002 14.025 0.004 081412-CA1-125-5 Inside Cont. #1 F. Clr. 1050 12 0.003 15.300 0.006 081412-CA1-125-6 Inside Cont. #2 F. Clr. 1050 8 0.003 10.200 0.004 081412-CA1-125-7 Inside Cont. #3 F. Clr. 1050 6 0.003 7.650 0.003 081412-CA1-125-8 Inside Cont. #4 F. Clr. 1050 7 0.003 8.925 0.003 081412-CA1-125-9 Inside Cont. #5 F. Clr. 1050 11 0.003 14.025 0.005 081412-CA1-125-10 Inside Cont. #6 F. Clr. 1050 10 0.003 12.750 0.005 Page 1128 of 1237 Environmental Innovations Corp.
Analytical Services Division
Lab Ref. Nº: PDLLC-2007-081412
Approved Signatory: Farshid Salamati
Date: 08-15-2012
Name : Mr. Farshid Salamati
Title : Manager
* Analytical Method : NIOSH Method 7400 Revision #3, 05/15/89 ** Limit of Detection : LOD, Based on the method estimated detection limit of 7 fibers/mm2 of filter surface area. *** Upper Confidence : One sided 95% upper confidence limit. 333 Hegenberger Rd. #210-K • Oakland, California, 94621 • (510) 632-0104 • Fax (866) 292-3691 Email: [email protected]
Copyright EIC LAB-4 (06/05/01/92)
EIC LABORATORY REPORT
NIOSH METHOD 7400 AIRBORN FIBER ANALYSIS pg. 2/2
Client: ARCADIS / CUSHMAN & WAKEFIELD Project #: 2007-081412 Project: BOA CA1-125 501 S. State Street Ukaih, CA 95482 Sampling Date: 08/ 14-15/ 2012 Sampling: AQM during Ceiling (RACM / SOC*) & ACCM (1x1 CT) Rem. & Cleanup Report Date: 08/ 15/ 2012 Total of 4 penetrations of ceiling board / gypsum board 1x1 / 2x2 with Sprayed-On (RACM) & 7 Penetration of ceiling board / gypsum board with 2x2 / 2X4 ceiling tiles (ACCM) was properly removed, bagged, area were HEPA vacuumed, wet wiped & re-HEPA vacuumed. All Area of Concerned were visually inspected prior to Final Clearance. AQM was conducted during all removal & cleanup process. * Sprayed on Ceiling
Sample # Location Vol. (L)f/100field LOQ f/mm^2 f/cc
081412-CA1-125-11 Inside Cont. #7 F. Clr. 1050 12 0.003 15.300 0.006 081412-CA1-125-12 Inside Cont. #8 F. Clr. 1050 7.5 0.003 9.563 0.004
Attachment D
Photographic Log
BANK OF AMERICA
CA1-125
HT120704.M129 Page 1 of 2
View of the Front of the Building Banking Platform (Work Area) RACM & ACCM Work Area (Banking Platform) Preparation Work Area (Banking Platform) (lower Ceiling ACCM) (1x1 Ceiling Tile on top of Gypsum Board)
Work Area (Banking Platform) (Higher Ceiling) RACM
(Sprayed on Ceiling on top of Gypsum Board)
During Abatement, Bagging, & Loadout
BANK OF AMERICA
CA1-125
HT120704.M129 Page 2 of 2
Final Air Clearance after visual inspection Onsite Analytical Final Visual & Release Final Visual & Release
Final Visual & Release Final Visual & Release (RACM)
Attachment E
Laboratory Analytical Results
ASBESTOS AIR SAMPLE DATA SHEET (Version 9.0 Revised 2012-06-01) PCM: NIOSH 7400 Method (Revision #3, Dated 8/15/1994)
Client: _BOA-CA1-125 Client Address: 501 South State Street Ukaih, CA 95482 Checked by:____ _ Date:___________page 1/2 Project Name: BOA CA1-125 Collection Date: 08-14 & 08-15-2012 Date of Analysis: 08-15-2012 Project #: Project Monitor: Farshid Salamati Microscope Cleaned: Yes / April 11, 2012 Project Location: Banking Platform & Women Room Rotameter # & Cal. Date: RM-EIC-#5 April 11, 2012 Analyst Signature: farshid salamati Work Area: Banking Platform & WR Microscope Number: PCM-EIC #005 NIOSH 7400 __x____ Other Pass Phase Rings/HSE-NPL): Yes / Yes Reference Slide (No. and F/Fields): M-EIC QC5 23/100 Graticule Field Area: 0.00785 Sample #
Sample Location
or
Sample
Type
Sample
Start/
Pump ID
Sample
Stop
Time
(Mins)
Rotometer Flow Rate
(LPM)
Sample
Volume
(Liters)
LOD
(fibers/cc)
Actual
Count
Adjusted
Count * Result *
Analyst
ID
(manufacturer
number)
Worker Name / SSN / Task (1-10) hh:mm
(military)
hh:mm
(military)
[A] Pre Post Ave [B] A*B = [C] (2.7 / C) (F/Fields) (F/Fields) (F/mm2)/ (F/CC)
Initials
081412-CA1-125-1 Field Blank #1 0/100 fs
081412-CA1-125-2 Field Blank #2 0/100 fs
081412-CA1-125-3 Banking Platform West 7-9 19:00 23:06 246 5 5 5 1230 0.002 12 10 15.300 fs
100 100 0.005
081412-CA1-125-4 Teller Line East 7-9 19:26 23:54 268 5 5 5 1340 0.002 11 09 14.025 fs
100 100 0.004
081412-CA1-125-5 Inside Cont. #1 8 00:30 01:40 70 15 15 15 1050 0.003 12 12 15.300 fs
100 100 0.006
081412-CA1-125-6 Inside Cont. #2 8 01:30 02:40 70 15 15 15 1050 0.003 08 08 10.200 fs
100 100 0.004
081412-CA1-125-7 Inside Cont. #3 8 01:50 03:00 70 15 15 15 1050 0.003 06 06 7.650 fs
100 100 0.003
081412-CA1-125-8 Inside Cont. #4 8 02:00 03:10 70 15 15 15 1050 0.003 07 07 8.925 fs
100 100 0.003
081412-CA1-125-7 Duplicate Analysis yes 08/100 fs
QA/QC Calculation (Counts
are in fibers/mm2)
Abs Value [Sqr Root (first count) - Sqr Root (dup count)]≤ 2.77 * (Avg of the sq Root of the two counts) * Sr/2 ( or .225 if no Sr) Fail/ Pass Pass *If Adjusted Count is less than or equal to 5 Fibers/100 Fields, then report Result as < LOD in f/cc (the value in the LOD column).
If original analysis and QC analysis results are less than the analytical detection limit of 5.5 Fibers/100 Fields then a Failed QC result is acceptable. N/A = Not Applicable Sample Type: 1) Pre-Abatement/Background 2) Containment Barrier during Removal 3) Glove Bag Removal 4) Personal Exposure 5) HEPA Exhaust 6) Decon chamber 7) Non-Removal Area during Removal 8) Final Clearance 9) Waste Load-Out Activities 10) Other Comments: (RACM, Sprayed on Ceiling) (4 Penetrations) & (ACCM Ceiling Tile on Sheet Rock) (6 Penetrations) in the Banking Platform & 1 penetration in WRR (<2 sq. ft.) abatement.
Relinquished By: Farshid Salamati CAC # 93-0910 Date: 08-15-2012 Received By: Date:
ASBESTOS AIR SAMPLE DATA SHEET (Version 9.0 Revised 2012-06-01) PCM: NIOSH 7400 Method (Revision #3, Dated 8/15/1994)
Client: _BOA-CA1-125 Client Address: 501 South State Street Ukaih, CA 95482 Checked by:____ _ Date:_______Page 2/2__ Project Name: BOA CA1-125 Collection Date: 08-14 & 08-15, 2012 Date of Analysis: 08-15-2012 Project #: Project Monitor: Farshid Salamati Microscope Cleaned: Yes / April 11, 2012 Project Location: Banking Platform & Women Room Rotameter # & Cal. Date: RM-EIC-#5 April 11, 2012 Analyst Signature: farshid salamati Work Area: Banking Platform & WR Microscope Number: PCM-EIC #005 NIOSH 7400 __x____ Other Pass Phase Rings/HSE-NPL): Yes / Yes Reference Slide (No. and F/Fields): M-EIC QC5 23/100 Graticule Field Area: 0.00785 Sample #
Sample Location
or
Sample
Type
Sample
Start/
Pump ID
Sample
Stop
Time
(Mins)
Rotometer Flow Rate
(LPM)
Sample
Volume
(Liters)
LOD
(fibers/cc)
Actual
Count
Adjusted
Count * Result *
Analyst
ID
(manufacturer
number)
Worker Name / SSN / Task (1-10) hh:mm
(military)
hh:mm
(military)
[A] Pre Post Ave [B] A*B = [C] (2.7 / C) (F/Fields) (F/Fields) (F/mm2)/ (F/CC)
Initials
081412-CA1-125-1 Field Blank #1 Same 0/100 fs
081412-CA1-125-2 Field Blank #2 Same 0/100 fs
081412-CA1-125-9 Inside Cont. #5 8 01:44 02:54 70 15 15 15 1050 0.003 11 11 14.025 fs
100 100 0.005
081412-CA1-125-10 Inside Cont. #6 8 02:16 03:26 70 15 15 15 1050 0.003 10 10 12.750 fs
100 100 0.005
081412-CA1-125-11 Inside Cont. #7 8 02:24 03:34 70 15 15 15 1050 0.003 12 12 15.300 fs
100 100 0.006
081412-CA1-125-12 Inside Cont. #8 8 01:58 03:08 70 15 15 15 1050 0.003
7.5 7.5 9.563 Fs
100 100 0.004
081412-CA1-125-12 Duplicate Analysis yes 08/100 fs
QA/QC Calculation (Counts
are in fibers/mm2)
Abs Value [Sqr Root (first count) - Sqr Root (dup count)]≤ 2.77 * (Avg of the sq Root of the two counts) * Sr/2 ( or .225 if no Sr) Fail/ Pass Pass *If Adjusted Count is less than or equal to 5 Fibers/100 Fields, then report Result as < LOD in f/cc (the value in the LOD column).
If original analysis and QC analysis results are less than the analytical detection limit of 5.5 Fibers/100 Fields then a Failed QC result is acceptable. N/A = Not Applicable Sample Type: 1) Pre-Abatement/Background 2) Containment Barrier during Removal 3) Glove Bag Removal 4) Personal Exposure 5) HEPA Exhaust 6) Decon chamber 7) Non-Removal Area during Removal 8) Final Clearance 9) Waste Load-Out Activities 10) Other Comments: (RACM, Sprayed on Ceiling) & (ACCM Ceiling Tile on Sheet Rock) on Banking Platform (major area) & Women Rest Room (<2 sq. ft.) abatement.
Relinquished By: Farshid Salamati CAC# 93-0910 Date: 08-15-2012 Received By: Date:
Attachment F
Homogenous Application Table
(HAT)
Mail Code CA1-125
Address 501 South State Street
City Ukiah
State CA
Survey Date 5/23/2012
Survey Type Path of Construction
Floors 1,M,A,E,R
Overwrite Existing HAT Yes
Homogeneous Application Table
CA1-125
HA No. Material Type Primary Color Texture Description NESHAP Cat. Floor Rooms Location Condition Amt. Units Status Modified Date Description PK ModDate 1 NSM - Pipe Insulation - Fiberglass Black Smooth Fiberglass Pipe Insulation Non-Suspect ACM, Not Sampled R Roof Roof Good 1 LF n/a 5/27/2012 Non-Suspect/Not Sampled 500791 5/27/12 03:30 2 M - Cove Base Mastic Brown Not Applicable Mastic Associated with HA-9 Suspect ACM, Not Sampled M Mezzanine Break Room, Mezzanine Hallway Wall Good 140 LF Manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500126 5/27/12 03:303 S - Acoustical Plaster White Rough Acoustical Ceiling Plaster Over Gypsum Board Friable ACM 1,M Mezzanine Break Room, Mezzanine Hallway, Mezzanine
NER, Mezzanine Restrooms, 1st Floor ATM Lobby, Lobby,
Platform
Ceiling Good 6982 SF Partially Abated - manage in-place 10/15/2010 8/14/2012 - Approximately 16 sf of spray-on ceiling material removed from Banking Platform and approximately 2 sf from Women's Restroom 500363 10/15/10 00:00 4 M - Floor Tile - 12" x 12" Tan Smooth 12" x 12" Floor Tile Suspect ACM, Not Sampled 1 ATM Room, 1st Floor Staff Room Floor Good 1000 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500634 5/27/12 03:305 M - Floor Tile - 12" x 12" Gray Smooth 12" x 12" Floor Tile Suspect ACM, Not Sampled 1 Bottom of SW Stairs Floor Good 40 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500633 5/27/12 03:306 M - Cove Base Mastic Yellow Grooved Cove Base Mastic Associated with HA-26 Suspect ACM, Not Sampled 1 New Accounts Wall Good 1 LF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500128 5/27/12 03:30 7 M - Carpet Glue/Mastic Yellow Rough Associated Mastic with Multi-Colored Carpet Suspect ACM, Not Sampled 1 New Accounts Floor Good 1 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 499961 5/27/12 03:30 8 M - Wall Paper Tan Rough Patterned Suspect ACM, Not Sampled 1 Drive Thru Area, New Break Room Wall Good 500 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500506 5/27/12 03:30 9 NSM - Cove Base - Rubber/Vinyl Tan Smooth Cove Base Mastic Associated with HA-2 Non-Suspect ACM, Not Sampled M Mezzanine Break Room, Mezzanine Hallway Wall Good 140 LF n/a 5/27/2012 500073 5/27/12 03:30 10 M - Floor Tile - Mastic/Adhesive Tan Smooth Mastic Associated with HA-4 Suspect ACM, Not Sampled 1 ATM Room Floor Good 375 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500438 5/27/12 03:3011 M - Floor Tile - Mastic/Adhesive Gray Smooth Mastic Associated with HA-5 Suspect ACM, Not Sampled 1 Bottom of SW Stairs Floor Good 40 SF n/a 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500436 5/27/12 03:30 12 M - Floor Tile - 12" x 12" White Smooth 12" x 12" Black Pebble Pattern Floor Tile Suspect ACM, Not Sampled 1,M Equipment Room, Break Room, Hallway, Teller Line, Men's and Women's Restrooms, Drive Thru ATM, Records Room 2 Floor Good 4940 SF Manage in-place 4/24/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500635 4/24/12 00:00 13 M - Floor Tile - Mastic/Adhesive Not Visible Rough Tile Mastic Associated with HA-12 Suspect ACM, Not Sampled 1,M Equipment Room, Break Room, Hallway, Teller Line, Men's and Women's Restrooms, Drive Thru ATM, Records Room 2 Floor Good 4940 SF Manage in-place 4/24/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500437 4/24/12 00:00 14 S - Wall Plaster - Decorative Plaster White Smooth Wall Plaster Suspect ACM, Not Sampled 1,M Men's and Women's Restrooms, Training Room, Teller Line, Equipment Room, Hallway, Lobby Wall Good 3210 SF Manage in-place 4/24/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500374 4/24/12 00:00 15 M - Joint Compound (associated with wall/ceiling board/panels) White Smooth Joint Compound Suspect ACM, Not Sampled 1,M Throughout Multiple Good 19940 SF Partially Abated - manage in-place 12/15/2011 Identified by ATC during a previous survey; however, no laboratory data is available to validate results
8/14/2012 - Approximately 60 sf of joint compound removed from Banking Platform and Women's restroom
500234 12/15/11 00:00
16 M - Ceiling Tile - 1' x 1' White Fissured 1' x 1' Spline-Set Ceiling Tile Suspect ACM, Not Sampled 1 Throughout the 1st Floor Ceiling Good 3818 SF Partially Abated - manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results
8/14/2012 - Approximately 42 sf of ceiling tiles removed from platform
499998 5/27/12 03:30
17 M - Gypsum Board (walls and ceilings) White Smooth Gypsum Board Suspect ACM, Not Sampled 1,M Throughout Multiple Good 19940 SF Partially Abated - manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results
8/14/2012 - Approximately 60 sf of gypsum board removed from Banking Platform and Women's restroom
500201 5/27/12 03:30
18 M - Stair Tread Mastic/Adhesive Brown Rough Stair Tread Mastic Suspect ACM, Not Sampled 1,M Stairs Throughout Floor Good 130 SF Manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500716 5/27/12 03:3019 M - Stair Tread Brown Rough 1' x 3' Rubber Stair Tread Suspect ACM, Not Sampled 1,M Stairs Throughout Floor Good 130 SF Manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500713 5/27/12 03:3020 M - Ceiling Tile - 2' x 4' White Rough 2' x 4' Suspended Ceiling Tile Suspect ACM, Not Sampled 1 Not Observed Ceiling Good 1 SF Manage in-place 5/27/2012 Not Observed 500545 5/27/12 03:30 21 M - Ceiling Tile - 2' x 2' White Fissured 2' x 2' Suspended Ceiling Tile Suspect ACM, Not Sampled 1,M 1st Floor Staff Room, Mezzanine Office Ceiling Good 450 SF Manage in-place 5/27/2012 Identified by ATC during a previous survey; however, no laboratory data is available to validate results 500527 5/27/12 03:30 22 M - Carpet Glue/Mastic Yellow Rough Glue Beneath Red 2' x 2' Carpet Tile Non-ACM, Sampled 1 Platform, Platform Conference Room Floor Good 4000 SF n/a 5/27/2012 499962 5/27/12 03:30 23 NSM - Carpet Red Rough Red 2' x 2' Carpet Tile Non-Suspect ACM, Not Sampled 1 Platform, Platform Conference Room Floor Good 4000 SF n/a 5/27/2012 500763 5/27/12 03:30 24 M - Floor - Leveling Compound White Smooth Floor Leveling Compound Beneath HA-22 Non-ACM, Sampled 1 Concealed under Carpet Tiles on Platform Floor Good 3000 SF n/a 5/27/2012 500600 5/27/12 03:30 25 M - Cove Base Mastic White Rough Cove Base Mastic Associated with HA-26 Non-ACM, Sampled 1 Throughout 1st Floor Wall Good 1100 LF n/a 5/27/2012 500127 5/27/12 03:30 26 M - Cove Base Black Smooth 4" Rubber with Mastic (HA-25) Non-Suspect ACM, Not Sampled 1 Throughout 1st Floor Wall Good 1100 LF n/a 5/27/2012 500072 5/27/12 03:30 27 M - Floor - Ceramic Tile Tan Smooth 12" x 12" Seashell Print Ceramic Floor Tile Non-Suspect ACM, Not Sampled 1 Lobby (Concealed under some carpet for Platform) Floor Good 3500 SF n/a 5/27/2012 500027 5/27/12 03:3028 M - Floor - Ceramic Tile - Grout Black Smooth Tile Grout Associated with HA-27 Suspect ACM, Not Sampled 1 Lobby (Concealed under some carpet for Platform) Floor Good 3500 SF Manage in-place 10/15/2010 500303 10/15/10 00:0029 M - Floor - Ceramic Tile - Adhesive Not Visible Rough Tile Adhesive Associated with HA-27 Suspect ACM, Not Sampled 1 Lobby (Concealed under some carpet for Platform) Floor Good 3500 SF Manage in-place 10/15/2010 500573 10/15/10 00:00 30 M - Carpet Glue/Mastic Not Visible Rough Orange Carpet Non-Suspect ACM, Not Sampled 1 ATM Room Floor Good 1 SF n/a 5/27/2012 No Glue Associated with Carpet; Non-Suspect/Not Quantified 499960 5/27/12 03:30