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HomeMy WebLinkAboutR46-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY ~IR\[p~ OF THE CITY OF SAN BERNARDINO ~ Y U ,-. FROM: Maggie Pacheco Executive Director SUBJECT: 745 West 5'" Street - Award of Demolition Contract to AON, Ine. (Central City North Redevelopment Project Area) DATE: May 5, 2006 Svnonsis of Previous Commission/CounciVCommittee Actionls); On May 2, 2006, Redevelopment Comminee Members Estrada, McGinnis and Johnson were advised that this item would be presented directly to the Community Development Commission due to the time sensitivity of the subject maner. -------.-------------------------------------------------------------- Recommended Motionls); ICommunitv Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute an Agreement between the Redevelopment Agency of the City of San Bernardino and AON, Inc. for the demolition of the Property located at 745 West 5th Street, San Bernardino in the Central City North Redevelopment Project Area and appropriating $41,800 of Agency funds for such demolition ------+.-------------.-----------.--.--------------------+-- Project Area(s): Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Contact Person(s): _. Ward(s): Supporting Data Anached: (;'] Staff Report (;'] Resolution(s) (;'] Agreement(s)/Contract(s) (;'] Map(s) 0 Leners FUNDING REQUIREMENTS: Amount: $ 41,800 Source: Low/Mod 20% Set Aside (Bond Proceeds) Budget Authority: Fiscal Year 2005-2006 SIGNATURE: Maggie acheco. Executive Director -Ii I / ' ' .-tI, c, ,-t. /",. ,I '7 Barbara Lindseth. Admin. Services Director -c-o~-;;.-ission-ic~~n-~i_._N-ot~------------------------------------------------------------------------------------------- fJo~h-- . I ~f> ~/;;WO"-/5 / - -- P _\gendaf',Comm De' (omlnl>>lonCOC 2006.05-15-06 ,\0:-.. In.: Ooemolition Contract SR dOc COMMISSION MEETING AGENDA Meeting Date: 05/1512006 Agenda Item Number: .JlJI (, ECONOMIC DEVELOPMENT AGENCY STAFF REPORT 745 WEST 5TH STREET - A WARD OF DEMOLITION CONTRACT TO AON, INC. (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) BACKGROUND: On October 31, 200S, the Redevelopment Agency of the City of San Bernardino ("Agency") acquired title to a seventeen (17) unit apartment complex located at 74S West Sth Street, San Bernardino ("Property") (see attached map). The relocation of all the tenants has been completed and the Property is now ready for clearance and demolition. On November 7, 200S, the Community Development Commission ("Commission") approved the Central City North Downtown Mixed Use Project Concept Plan ("Plan") and the Redevelopment Project Study and Exclusive Right to Negotiate Agreement with Watson & Associates Development Co" Inc. ("Developer"). Through the Plan, the Agency will encourage and effectuate the acquisition and redevelopment of certain real property ("Project") bounded by, Sth Street to the north, "G" Street on the east, "H" Street on the west, and 4th Street on the south, including the north side of Sth Street between "H" Street and "G" Street, the five (S) parcels at the northeast comer of Sth Street and "G" Street, and the six (6) parcels at the southeast corner of Sth and "G" Streets but excluding the new TELACU II Monte Vista Senior Housing Complex. CURRENT ISSUE: On April 14, 2006, Staff mailed a Request for Proposal ("RFP") to five (S) qualified demolition companies. which were on the approved list obtained from Code Compliance Department. On Friday, April 21. 2006 at 9:00 a.m" there was a mandatory job walk of the Property and only two (2) companies participated in the job walk: Warren Duncan Contracting from Devore. California and AON, Inc. from Bloomington, California. On April 28, 2006. the Agency received two (2) bids: I) Warren Duncan Contracting in the amount of $101,94S and 2) AON, Inc. in the amount of $41.800. The proposals were received after the posting of the Redevelopment Committee Agenda for the meeting of May 2. 2006, and thus Staff was unable to properly place the item on the Redevelopment Committee Agenda. It is imperative that the demolition of the Property proceed as soon as possible as the Property has become a magnet for criminals and the Police Department has asked that the Agency move swiftly on its demolition plans. The Commission has previously adopted Procurement Policies and Procedures. State law and the Agency's Procurement Policies and Procedures require competitive bidding by the Agency for applicable projects exceeding $S,OOO in cost. A more formal process is set forth as a Guideline for the Agency to follow in the Procurement Policies and Procedures if the applicable project exceeds $2S,000 in cost. However, the competitive bidding threshold of $S,OOO in State law for the Agency is contained in the Article in the California Public Contract Code applicable to cities. In that vein, the Mayor and Common Council adopted P _\~~"da$C<.lmm D~, Comml'llon CDC :O(lt> 05.15.{)O ....0'_ Inc OemolilKHl Cunlfact SR doc COMMISSION MEETING AGENDA Meeting Date: 05/15/2006 Agenda Item Number: t'l~ Economic Development Agency Staff Report AON, Inc. Demolition Contract - 745 West 5th Street Page 2 several years ago an ordinance to include as exemptions from the formal bidding process several categories of activities, including demolitions. Specifically, Section 3.04.010B.1. states as follows: "B. Exemptions. This Chapter shall not apply to the following: I. Purchases from, or sales to a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating to board up or demolition of buildings or structures. " The competitive bidding procedure that the Agency followed in the instant matter is consistent with State law and the City" s municipal code regarding demolition of buildings or structures, although it is at minor variation with the Agency's Guidelines. Adoption of the attached Resolution will waive such variation and ratify/validate the Agency's actions in this unique situation. Due to the unacceptable public safety conditions associated with this Property, the Agency asked the lowest responsible bidder to have the designated subcontractor on the asbestos removal portion file the required removal plan with the appropriate authorities. This has been done. Asbestos removal can begin on May 18 after the award and execution of the Agreement. Total demolition and grading of the Property can potentially be accomplished by the end of May 2006. The attached Agreement contains the scope of the demolition work. ENVIRONMENTAL IMP ACT: On November 7. 2005, the Commission adopted a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) for the Plan, which contemplates the acquisition and demolition of the Property, which is included within the Plan. FISCAL IMPACT: The $41.800 demolition cost will be paid from the Low/Mod Tax Allocation Bond Issue Proceeds. RECOMMENDA nON: That the Community Development Commission adopt the attached Resolution. nlJ~GeuJ Maggie Pacheco, Executive Director P:\!,tendas'C\Jmm lnv CommissioneDC :OO6'O~-I~-06 :1,0". Ine Demolition Contract SR doc COMMISSION MEETING AGENDA Meeting Date: 05/15/2006 Agenda Item Number: ~ --., .... ~ 0 0 c ." ~ 0 c ~ ~ =0 ~ c ~ 0"'" ~ ~ - 0 0", = ~~o ~ =oCt "" '-'-~ 0 '-' "" Qj " Qj "' ... '-' U") '" 0 I .c "" '-' '" U") 0 I '-' -j en "" Qj - ~ 0 U") -j z ~ '" <: ~ 0 C -0 >- '-' c :L ~ ..'. -- . =;; 13 .< .- ., ~:; 1R1~ - ~ -,- :;; .. .. u, .. .. .. .. ~. .. \.... - @ @ ~ @ 0 @ @ . @ - - " ;: 0 .. = ,-n . ~ ~ . . 0 , ." @ = = "" <"N C> 11-." , " @ . H-II! " " 1 u,s' " ~ .1'" i@ :,. @ = L -, L , . @ =, . @ ,- "HHK- , = I lH" J: f @ = - - " - @ , I"" '" @ -iHIt+- - - - @ , .L "- ! .,. .. @ ,- , @ ... 0'> @ ~ 0 = @ - @ :;; I I L________;.--- , , '" t = = -.., L ~ C ~~ 00 '-' ~ Q.~o Doe :::f:n...:t; ~ ~.... 0 ~.....f"} c O-~ ~O~ ~ = ~~ ~oc ~oo ""'=~ ! 1t.1I1 " ~ = ~ = @~ @ ~; ~ - N - = I .' L t\." I , , @ - ~ I ~ , , = u."l , , 1 :t :! T I , I@ , ;r T u" , +-;- - i [ ;;: - :: : L - - - -IBm - - - - - - - - - - - - L - --- -- - - -'-l':H':S-i-'l-'.lf- --------+- @B~~ -~ = ~ o o N E 1 RESOLUTION NO. 4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AON, INC. FOR THE DEMOLITION OF THE PROPERTY LOCATED AT 745 WEST 5TH STREET, SAN BERNARDINO IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND APPROPRIATING $41,800 OF AGENCY FUNDS FOR SUCH DEMOLITION 5 6 9 WHEREAS. the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public entity created pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 10 :1 :, WHEREAS. the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, has authorized the Agency to assemble and acquire real property for community redevelopment purposes in the Central City North Redevelopment Project Area; and WHEREAS. the Central City North Redevelopment Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone ::.5 ::'6 - p without community redevelopment assistance; and 20 WHEREAS, on October 31. 200S, the Agency acquired title to 74S West Sth Street (APN: 0134-093-0S and 06) (the "Property") within the Central City North Redevelopment Proj ect Area; and 21 22 23 24 WHEREAS, on April 14, 2006. Agency Staff mailed out a Request for Proposal eRFP") to five (S) qualified demolition companies; and WHEREAS, on April 21. 2006, Agency Staff conducted a mandatory job walk for the demolition of the Property wherein only two (2) companies, Warren Duncan Contracting and AON, Inc.. attended the job walk; and 25 26 28 ~el2-92-::7-1D72 ,1 p ""'!;~nda;Resolulion;R"s.Jlul;0n>~006'D~-15-0o A.O:-'. In. Demolition ConlraCl Rew doc 1 WHEREAS, on April 28, 2006 the Agency received two (2) bids from perspective 2 contractors being Warren Duncan Contracting and AON, Inc., in response to the RFP; and 3 WHEREAS, AON, Inc., submitted the lowest responsible bid for the demolition of the Property and the Commission seeks to award the demolition contract ("Agreement"); and WHEREAS. State law and the Agency's Procurement Policies and Procedures require competitive bidding by the Agency for applicable projects exceeding $5,000 in cost; and WHEREAS, the competitive bidding threshold of $5,000 in State law for the Agency is 4 5 6 , e contained in the Article in the California Public Contract Code applicable to cities; and WHEREAS, the City adopted an ordinance to include as exemptions from the formal 9 ;0 bidding process several categories of activities, including demolitions; and l2 WHEREAS, the competitive bidding procedure that the Agency followed in the instant matter is consistent with State law and the City's municipal code regarding demolition of buildings or structures, although it is at minor variation with the Agency's Procurement Policies and Procedures: and :3 14 :..s _C WHEREAS, given the urgent circumstances concerning the need for demolition of the buildings and structures on the Property and the competitive bidding procedure that the Agency followed in the instant matter, it is appropriate to ratify/validate the Agency's actions in this unique situation and waive any variation with the Agency's Procurement Policies and Procedures. :6 19 2C' 21 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 22 23 Section 1. The information set forth in the above recitals of this Resolution is true 24 and correct. 25 Section 2. The Commission hereby ratifies/validates the actions of the Agency in 26 the competitive bidding procedure utilized for the demolition of the buildings and structures on 27 the Property and waives any variation with the Agency's Procurement Policies and Procedure in 28 connection therewith. 4El2-9277-1Ci.2.2. 2 PA!lendas'Rewlulion.lResc'lutlon>2006\oJ5-15-06 AO~, Inc Demohtion Contracl Rewdoc 1 The Commission hereby authorizes the award to AON, Inc., as the lowest Section 3. 2 responsible bidder subject to the terms and provisions of the Agreement and approves the form of the Agreement by and between the Agency and AON, Inc., attached as Exhibit "A" and authorizes the Executive Director to execute the Agreement for the demolition of the Property in the amount of $41,800. The Commission hereby appropriates the amount of $41,800 from the Taxable Series 2006, Tax Allocation Bonds (20% Set Aside), for the purpose of funding the demolition work as required for the Property. 3 4 5 6 5 Section 4. The Secretary of the Commission is authorized and directed to certify the 9 adoption of this Resolution. This Resolution shall take affect upon adoption. .:.0 III III III III :2 III ::.s III /Ii III III . 0 2D III III ! II , /, 22 /II III 2~ III 25 III .2t III //1 28 III 4~:2-9277-l072.l 3 P _-\~endas',Resolutions'.Re>olulions ::OOt>O~.j5.06 AOS. Inc DemohllOn Comract Reso doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AON, INC. FOR THE DEMOLITION OF THE PROPERTY LOCATED AT 745 WEST 5TH STREET, SAN BERNARDINO IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND APPROPRIATING $41,800 OF AGENCY FUNDS FOR SUCH DEMOLITION = 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 Community Development Commission of the City of San Bernardino at a 9 meeting thereof, held on , 2006 by the Abstain Absent Secretary The foregoing resolution is hereby approved this day of ,2006. 22 2" Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to form and Legal Content: 22 By: r--~ '\ /., J Agen~U sel -lSl':'>92i7-:'C'2.l 4 PA~endasResollJlions Re,oIUli.Jn5::006 05-15-06 AO"'. Inc Demohlion Contract Reso doc AGREEMENT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (Asbestos Abatement and Demolition of 745 West 5th Street, San Bernardino, California APN: 0134-093-05 and 06) This AGREEMENT is made the day of May 2006 by and between the Redevelopment Agency of the City of San Bernardino ("AGENCY") and AON, Inc. ("CONTRACTOR"). In consideration of the payments to be made hereunder and the covenants and conditions contained herein the parties hereto agree as follows: ARTICLE I. PROJECT DESCRIPTION The AGENCY shall hereby retain the CONTRACTOR to provide demolition and asbestos removal as described in the Technical Specifications in accordance with the documents specified below in Article II ("Agreement Documents") which are incorporated herein by this reference as part of this Agreement as if set forth fully herein. The CONTRACTOR shall furnish all materials. supplies. tools. equipment, labor and all other services necessary for construction and completion of this Project. ARTICLE II. AGREEMENT The Agreement Documents include: a. Agreement b. Request for Proposal c. Technical Specifications (with attached Asbestos Survey Report) d. AON, Inc. Proposal e. Supplemental Annex to Agreement f. Designation of Sub-Contractors Form g. Certification of Bidder Regarding Equal Employment Opportunity h. Non-Collusion Affidavit 1. Workers' Compensation Insurance Certification J. General Specifications Agreement Inclusions k. Change Order Procedure 1. Addenda Numbers as Issued Contractor shall comply with any and all provisions, terms and conditions set forth or contained in the Agreement Documents. PA!o[cndas\Ag:cnda Anacnmems"Agrmls-AmC'nd :OOb,06-06.05"'O~ Inc Demolition Agreemelll . H5 West 51n Street doc ARTICLE III. COMPENSATION AND PAYMENT The AGENCY shall compensate the CONTRACTOR a sum of $41,800.00 for performance of the work described in the Agreement Documents, subject to additions and deductions by change order(s) as issued by the AGENCY. The CONTRACTOR may submit an application for payment to the AGENCY in accordance with the Agreement Documents stating the percent of work completed and the amount of compensation due to the CONTRACTOR. The CONTRACTOR may receive progress payments based on the percentage of work completed, which shall be verified by the AGENCY prior to payment. Within fifteen (15) days of the date of the AGENCY's receipt and approval of the CONTRACTOR'S application for payment, the AGENCY shall pay the CONTRACTOR ninety percent (90%) of the progress payment due and shall withhold ten percent (10%). Any amounts withheld shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance by the AGENCY of the work. as determined by the AGENCY in its sole discretion. ARTICLE IV. INDEMNIFICATION AND INSURANCE Indemnification. The CONTRACTOR shall defend, indemnify, and hold harmless the AGENCY and the City of San Bernardino, their officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts or omissions of the CONTRACTOR, its officers, employees, agents, and its Sub-Contractors arising from or related to performance of the work required hereunder to complete the work. Insurance. The CONTRACTOR shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the AGENCY. Certificates evidencing insurance coverage shall be delivered to the AGENCY for each policy required herein prior to commencement of any work. All insurance certificates shall name the AGENCY and the City of San Bernardino as an additional insured and provide for thirty (30) days prior written notice of cancellation to the AGENCY. A. Comprehensive General Liability Insurance. The CONTRACTOR shall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000.000) combined single limit per occurrence. B. Automobile Insurance. The CONTRACTOR shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. C. Workers Compensation. The CONTRACTOR shall maintain worker's compensation coverage in accordance with the Laws of the State of California for all workers under its employ and Sub-Contractors performing the work required herein. 2 P 'Agendas\Agcnda Anachmcnl. A!!rml~.Amend :006\Q6.06-05 ,4,O~. Ine ~mol;lion Agreement- H5 West 5th Streel doc ARTICLE V. PREVAILING WAGE In accordance with Division 2, Part 7, Chapter I "Public Works, of the California Labor Code, Contractor shall require that all laborers and mechanics employed by the Contractor or its Sub- Contractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the California Department of Industrial Relations, Director's General Prevailing Wage Determinations. By reason of the foregoing requirement, the Contract/Agreement Work Hours and Safety Standards Act (40 U.S.C. 327 et ~ also applies. The CONTRACTOR shall maintain and make available for Agency inspection weekly payrolls during the term of this Agreement. The payroll records shall set out accurately and completely the name, address, social security number, classification, rate of pay, daily and weekly hours worked, deductions made and actual wages paid in accordance with Section 1776 of the California Labor Code. Each payroll maintained shall be accompanied by a "Statement of Compliance", signed by the CONTRACTOR or Sub-Contractor and shall certify that the payroll is accurate and complete as required per Section 1776 of the California Labor Code; that each employee has been paid full weekly wages without deductions other than permissible deductions; that each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed. The CONTRACTOR is responsible for maintaining copies of payrolls for all Sub-Contractors. ARTICLE VI. TIME FOR PERFORMANCE Time is of the essence. The CONTRACTOR shall commence the work required herein on the date of the Notice to Proceed, which the AGENCY shall deliver to the CONTRACTOR, and the CONTRACTOR shall complete the work within thirty (30) calendar days of the date of the Notice to Proceed. ARTICLE VII. ENVIRONMENTAL PROTECTION (Agency has prepared Compliance Documentation) CONTRACTOR agrees that he/she shall comply with the requirements of all applicable federal, state. and local environmental laws and regulations, including without limitation, the National Environmental Policy Act of 1969 ("NEP A"). The Resource Conservation and Recovery Act ("RCRA"). 42 U.S.c. Section 6901 et ~., Comprehensive Environmental Response, Compensation. and Liability Act of 1980 ("CERCLA"), 42 U.S.c. Section 9601, et seQ.. and the Hazardous Waste Control Law C'HWCL "). Health and Safety Code Section 25100, et seQ. 3 P"'~enctas"~enda Anacnmenl\ A~rmls-J.,mend :00606-06.0' ,1,0..... Jne DemoiLlIon A~leemenl. 74~ ,"'es1 5lh Siren doe ARTICLE VIII. MISCELLANEOUS Notice. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by so notifying the other party in writing. TO CONTRACTOR: AON, Inc. Attn.: Jim Morris P.O. Box 302 Bloomington, CA 923 I 6 TO AGENCY: Redevelopment Agency of the City of San Bernardino Attn.: Executive Director 201 North "E" Street, Suite 301 San Bernardino, CA 92401 Severabilitv. In the event that anyone or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid. void. or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of the Agreement and shall in no way affect, impair. or invalidate any of the remaining phrases, sentences, clauses, paragraphs, or sections contained herein. Waiver. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties and cannot be amended without prior written consent of the parties hereto. Amendment. This Agreement may be amended at any time by a written instrument signed by the parties hereto. Assignment. In no event shall either party (CONTRACTOR or AGENCY) assign or transfer any pomon of this Agreement without the prior written consent of the AGENCY. which consent may be withheld in its sole discretion. The Contractor shall not assign any money due or to become due to himlher hereunder nor shall he/she pledge or attempt to pledge the credit of the Owner or bind the Owner to any third party. Governing Law. This Agreement shall be governed by the laws of the State of California. and any legal action brought by either party shall be in San Bernardino County courts, San Bernardino District. .\ r \~~nddS Ag~nd3 ....llachm"n1~,_.\!!rmts_"'mcnd :lXl6'06-06-05 "\O".lne Oemoiltkln A!?reemCnl _ 7..\5 West 5lh Street,doc Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, and assigns. Inspection. The fact that any particular work has been inspected shall not be considered a waiver of the requirement of strict compliance with the Agreement Documents. Contractor not Agent of Owner or AGENCY. It is expressly agreed that the CONTRACTOR is not the agent or employee of the AGENCY or the City of San Bernardino, but is an independent contractor. ARTICLE IX. PROVISIONS REQUIRED BY LAW Each and every provision of law required to be inserted in this Agreement shall be deemed to be inserted herein. This Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. ARTICLE X. DEFAULT & ATTORNEY'S FEES Should any dispute arise between the parties hereto, with regard to performance of their respective obligations under the Agreement Documents, which dispute cannot be settled between the parties and litigation is commenced, then the losing party in the litigation agrees to pay all costs and attorney's fees of the prevailing party. IIII IIII IIII IIII IIII IIII //// /il/ '" IIII IIII IIII IIII 5 P "A~enda~i',"'~enda ,"'lta<;nmenl~,~grml~',"'mend ~l!06{)(,-()6...05.1,OS. In<; Demo),\Ion A~fccmenl - 745 West Sth Slreel doe IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CONTRACTOR AON, Inc. By: Date: Contractor's License No. 64248 I AGENCY Redevelopment Agency of the City of San Bernardino By: Date: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: V;f:~}~tt/ Agency Counsel 6 P'A!lenda,',Agenda Anachmen15\Agrmts-Amend ~OOO\0t>-06-05 AD:". In' DemolItion Agreement _ 74~ West ~lll Sllo:et doc City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment. Communffy Development. Housing. Business: Recruitment. Retention. Revitalization. Main Street. Inc. REQUEST FOR PROPOSAL Asbestos Removal and Demolition 745 West 5th Street, San Bernardino, CA 92410 (APN: 0134-093-05 and 06) The Redevelopment Agency of the City of San Bernardino ("Agency") is seeking proposals for the asbestos removal and demolition for 745 West 5th Street, San Bernardino, California (collectively referred as the "Property") within the Central City North Redevelopment Project Area. There will be a mandatory job walk on Friday, April 21, 2006 at 9:00 a.m. at the Property. Proposals should be delivered no later than 4:00 p.m. Friday, April 28, 2006 at the following address: Redevelopment Agency of the City of San Bernardino Attn: Mike Trout, Project Manager 201 North "E" Street, Suite 301 San Bernardino, CA 92401 A copy of the Asbestos Summary Report will be provided at the job walk mentioned above. Neither building is on a national or local historical structures list. Please review Requirements I through II ("Requirements"). When submitting your proposal you must also return the pages containing the Requirements and state "Acceptable" if the Requirements are agreeable as set forth. Please indicate brief reasoning for exceptions to Requirements when not acceptable. Should you have any questions, please contact Mike Trout, Project Manager, at (909) 663-1044. 201 North E Street. Suite 301 . San Bernardino, California 92401-1507. (909) 663-1044 . Fax (909) 888.9413 www.sanbemardino-edaorg. TECHNICAL SPECIFICA nONS Furnish all labor and materials required to complete the demolition and removal of 745 West 5th Street, San Bernardino, California (APN: 0134-093-05 and 06) as follows: I. Complete asbestos abatement and demolition of all buildings, structures, foundations, driveways. asphalt. walls, fences. tress and shrubs. Demolition Permit is required. , Contractor shall provide all appropriate notification to AQMD and must provide proof of notitication to obtain demolition permit. 3. Cap all utilities at the street. Contractor to get sewer cap permit from water purveyor and obtain appropriate inspection and approval required by the sewer cap permit. 4. Contractor to supply all labor and materials for the demolition and removal of debris from the Property. Contractor shall also supply the Agency all labor and materials releases. 5. All trash and debris to be removed from Property. Fill and compact all holes to 90%. Remove all tress and shrubs. Leave Property clean and graded to within two inches of curb elevation. Dust control to be enforced 6. Contractors to obtain and maintain in force during the term of the contract. at his or her expense. public liability and property damage insurance and through brokers approved by the Agency adequate to protect against liability from damage claims arising out of contractor's operation in a minimum amount of S I ,000,000 comprehensive liability with 30 days notice of cancellation. The Agency is to be named as certificate holder. Proposals received without Certificate of Insurance will be considered incomplete and unacceptable. 7. Contractor to submit liability insurance certificate in the amount of S I ,000.000 and property damage insurance cel1ificate in the amount of S I ,000,000 with the Agency as certificate holder prior to demolition permit being issued. 8. Contractor agrees to indemnify and hold the Agency and the City of San Bernardino harmless from all claims, demands, causes of action or suits. of whatever nature, arising out of the services furnished by contractor or his or her subcontractors under this contract, and from all laborers'. material providers. and mechanics' liens upon the real Property upon which the work is located or any property of the Agency. 9. Contractor to provide a bid bond in an amount equal to 10% of their bid and a performance bond in an amount equal to 100% of the bid amount. 10. MBf/WBE/0BE requirements. For the purposes of the contract the Agency is incorporating the provisions set forth in the City of San Bernardino Resolution dated November 26, 1996 which states "It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBE's), Women Business Enterprises (WBE's), and all Other Business Enterprises (OBE's) an equal opportunity to participate in all City contracts. Bidders and proposers shall assist the City and the Agency in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBE's and WBE's have an opportunity to compete for and participate in City contracts." 11. Public funds are beings used for this project; therefore, not less than Prevailing Wages shall be paid. All necessary payrolls required in connection with the payment of prevailing wages shall be prepared and available to the Agency for inspection. P.O. Box 55329 n'verside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 ASBESTOS SURVEY REPORT Completed On April 18th, 2006 PLM0411#6650 Client: City of San Bernardino Economic Development Agency 201 North E. Street, Suite 301 San Bernardino, CA 92401 Project: 745 W. 5th Street San Bernardino, CA (17 unit apartment complex with garage) On April 11th, 2006 an asbestos inspection and bulk sampling was conducted at the above project address. Bulk samples were taken of all suspect asbestos containing building materials (ACBM) at the request of the client named above. A total of (66) bulk samples were submitted to Carolina Environmental, Inc. located at: 107 New Edition Court in Cary, NC (NVLAP Code 101768-0 and Cal. Environ. Lab. Cert. #2483) to estimate the percentage of asbestos by volume and determine the type(s) present. Carolina Environmental, Inc. determines percentages and type of asbestos by using EPA approved method 6001M4-82-020: Interim Method for the Determination of Asbestos in Bulk Samples. Bulk samples are analyzed by PLM (Polarized Light Microscopy). Asbestos is quantified by using the visual arena estimation technique and can only determine the approximate percentage of asbestos present. After a thorough search is conducted and no asbestos is detected "none detected" will be noted in the report. The essence of polarized light microscopy is not to emphatically determine that no asbestos is present, merely that none was detected or, if it was, it was likely to be less than 1.0% of the sample. When findings reveal less than or close to 1.0% asbestos contained in a sample, further analysis may be called for on additional samples to confirm or denounce the initial findings. The California Code of Regulations (CCR 1529) requires bulk sampling be conducted according to the A.H.E.RA protocol provisions of 40 CFR Part 763.86. The A.H.E.R.A. protocol recommends three (3) or more friable surfacing samples from a homogeneous area be collected and analyzed before any building material is determined to be non-asbestos containing. Scott Morrison & Associates conducts asbestos inspection surveys following the A.H.E.RA inspection protocol. ASBESTOS INSPECTION BY: Timothy Morrison, DOSH #02-3142 BULK SAMPLES ANALYZED BY: Carolina Environmental, Inc., NVLAP #101768-0 (1) P.O. Box 55329 "'erside, CA 92517 J9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 The results on the following page(s) indicate that asbestos was detected in 03 of the 66 samples analyzed. PLM0411#6650 Samples #SE-01 thru #SE-06 were taken from unit #1. Sample #SE-01 Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom Area: approx. 350 total sq. ft. throughout unit Friable:yes Results: none detected Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom Area: approx. 350 total sq. ft. throughout unit Results: none detected Sample #SE-02 Friable:no Type of material: texture coat- cream color (1rst layer) Location: interior north wall of north living room Area: throughout interior walls of unit Results: none detected Sample #SE-03 Friable:no Type of material: wall plaster- grey (2nd layer) Location: behind sample #SE-03 in north livingroom Area: throughout interior walls of unit Results: none detected Sample #SE-04 Friable:no Type of material: 12" floor tile- grey (1rstlayer) Location: floor of southeast water heater room Area: approx. 25 sq. ft. Results: none detected Sample #SE-05 Friable:no Type of material: floor tile mastic- brown (2nd layer) Location: under sample #SE-05 Area: approx. 25 sq. ft. Results: none detected Sample #SE-06 Samples #SE-07 thru #SE-09 were taken from unit #2. Sample #SE-07 Type of material: 9" floor tile- brown (1rstlayer) Location: floor of southeast bedroom and closet Area: approx. 125 sq. ft. Friable: no Results: none detected Friable:no Type of material: paper backing- black (2nd layer) Location: under sample #SE-07 in bedroom Area: approx. 125 sq. ft. Results: none detected Sample #SE-08 (2) P.O. Box 55329 n'verside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Sample #SE-09 Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom unit #2 Area: approx. 350 total sq. ft. throughout unit Results: none detected Friable:yes Samples #SE-10 thru #SE-13 were taken from unit #3. Sample #SE-lO Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom unit #3 Area: approx. 350 total sq. ft. throughout unit Friable:yes Results: none detected Sam pie #SE-11 Type of material: 12" floor tile (lrst layer) Location: floor of kitchen Area: approx. 115 sq. ft. Results: none detected Friable:no Sample #SE-12 Type of material: floor tile mastic (2nd layer) Location: under sample #SE-11 Area: approx. 115 sq. ft Results: none detected Friable:no Sample #SE-13 Friable:no Type of material: paper backing (3rd layer) Location: under sample #SE-12 in kitchen Area: approx. 115 sq. ft. Results: none detected Samples #SE-14 thru #SE-15 were taken from unit #4. Sample #SE-14 Type of material: drywall Location: interior north wall of north livingroom Area: throughout interior walls of unit #4 Friable:no Results: none detected Sample #SE-15 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of of bedroom Area: approx. 350 total sq. ft. throughout unit #4 Results: none detected Samples #SE-16 thru #SE-118 were taken from unit #5. Sample #SE-16 Type of material: texture coat (lrst layer) Location: interior north wall of north livingroom Area: throughout interior walls of unit #5 Friable:no Results: none detected (3) P.O. Box 55329 n'verside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 3 J 855 Dale Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Friable:no Type of material: wall plaster- grey (2nd layer) Location: behind sample #SE-16 in livingroom Area: throughout interior walls of unit #5 Results: none detected Sample #SE-17 Sample #SE-18 Type of material: acoustic ceiling Location: interior ceiling of living room , bedroom Area: approx. 350 total sq. ft. throughout unit #5 Results: none detected Friable:yes Sample #SE-19 was taken from unit #6. Sample #SE-19 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, living room Area: approx. 350 total sq. ft. throughout unit #6 Results: none detected Samples #SE-20 thru #SE-22 were taken from unit #7. Sample #SE-20 Type of material: texture coat (1 rstlayer) Location: interior north wall of north Iivingroom Area: throughout interior walls of unit #7 Friable:no Results: none detected Friable:no Type of material: wall plaster (2nd layer) Location: behind sample #SE-20 in living room Area: throughout interior walls of unit #7 Results: none detected Sample #SE-21 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom Area: approx. 350 total sq. ft. throughout unit #7 Results: none detected Sample #SE-22 Samples #SE23 thru #SE28 were taken from unit #8. Sample #SE-23 Type of material: texture coat (1 rst layer) Location: interior west wall of north livingroom Area: throughout interior walls of unit #8. Friable: no Results: none detected Sample #SE-24 Type of material: wall plaster (2nd layer) Location: behind sample #SE-23 in livingroom Area: throughout interior walls of unit #8 Results: none detected Friable: no (4) P.O. Box 55329 n ;verside, CA 925] 7 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, livingroom Area: approx. 350 total sq. ft. throughout unit #8 Results: none detected Sample #SE-25 Friable:no Type of material: 12" floor tile- tan (1rst layer) Location: floor of kitchen, fireplace unit #8 Area: approx. 120 total sq. ft. Results: none detected Sample #SE-26 Sample #SE-27 Type of material: floor tile mastic-yllw/brown (2nd layer) Location: under sample #SE-26 Area: approx. 120 total sq. ft. Results: none detected Friable:no Friable:no Type of material: flooring- cream (3rd layer) Location: under sample #SE-27 Area: approx. 120 total sq. ft. Results: none detected Sample #SE-28 Samples #SE-29 thru #SE-31 were taken from unit #10. Sample #SE-29 Type of material: texture coat (1rst layer) Location: interior walls of livingroom Area: throughout interior walls of unit #10 Friable: no Results: none detected Friable:no Type of material: wall plaster (2nd layer) Location: behind sample #SE-29 Area: throughout interior walls of unit #10 Results: none detected Sam pie #SE-30 Type of material: acoustic ceiling Location: interior ceiling of bedroom, livingroom Area: approx. 350 total sq. ft. Results: none detected Sample #SE-31 Friable:yes Samples #SE-32 thru #SE-34 were taken from unit #11. Sample #SE-32 Type of material: texture coat (1 rst layer) Location: interior east wall of IIvmgroom Area: throughout interior walls of unit #11 Friable:no Results: none detected (5) P.O. Box 55329 "iverside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411 #6650 Friable:no Type of material: wall plaster- grey (2nd layer) Location: behind sample #SE-32 in livingroom Area: throughout interior walls of unit #11 Results: none detected Sample #SE-33 Sample #SE-34 Type of material: acoustic ceiling Location: interior ceiling of living room Area: approx. 350 total sq. ft. throughout unit #11 Results: none detected Friable:yes Samples #SE-35 thru #SE-37 were taken from unit #12. Sample #SE-35 Type of material: texture coat (1rst layer) Location: interior north wall of livingroom Area: throughout interior walls of unit #12 Friable:no Results: none detected Sample #SE-36 Type of material: wall plaster (2nd layer) Location: behind sample #SE-35 Area: throughout interior walls of unit Results: none detected Friable:no Friable:yes Type of material: acoustic ceiling Location: interior ceiling of living room , bedroom Area: approx. 350 total sq. ft. throughout unit #12 Results: none detected Sample #SE-37 Sample #SE-38 was taken from unit #13. Sample #SE-38 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of livingroom Area: approx. 350 total sq. ft. throughout unit #13 Results: none detected Sample #SE-39 was taken from unit #14. Sample #SE-39 F riable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, livingroom Area: approx. 350 total sq. ft. throughout unit #14 Results: none detected Sample #SE-40 was taken from unit #15. Sample #SE-40 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, livingroom Area: approx. 350 total sq. ft. throughout unit #15 Results: none detected (6) P.O. Box 55329 '>jverside. CA 92517 109) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Samples #SE-41 thru #SE-45 were taken from unit #16. Sample #SE-41 Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom Area: approx. 350 total sq. ft. throughout unit #16 Friable:yes Results: none detected Friable: no Type of material: 12" floor tile- tan (1rst layer) Location: floor of kitchen in unit #16 Area: approx. 110 sq. ft. Results: none detected Sample #SE-42 Type of material: floor tile mastic (2nd layer) Location: under sample #SE-42 Area: approx. 110 sq. ft. Results: none detected Sample #SE-43 Friable:no Type of material: floor tile- grey (3rd layer) Location: under sample #SE-43 in kitchen of unit #16 Area: approx. 110 sq. ft. Results: 2% Chrysotile asbestos Sample #SE-44 Friable:no Friable:no Type of material: floor tile mastic (4th layer) Location: under sample #SE-44 Area: approx. 110 sq. ft. Results: none detected Sample #SE-45 Samples #SE-46 thru #SE-51 were taken from unit #17. Sample #SE-46 Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedoom Area: approx. 350 total sq. ft. throughout unit #17 Friable:yes Results: none detected Type of material: rolled vinyl floor- grey Location: floor of southwest bedroom Area: approx. 90 sq. ft. Results: none detected Sample #SE-47 Friable:no Type of material: texture coat (1 rst layer) Location: interior north wall of northwest bedroom Area: throughout interior walls of unit #17 Results: none detected Sample #SE-48 Friable:no (7) P.O. Box 55329 ., iverside, CA 92517 09) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive. Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Friable: no Type of material: wall plaster (2nd layer) Location: behind sample #SE-48 Area: throughout interior walls of unit #17 Results: none detected Sample #SE-49 Sample #SE-50 Type of material: stucco- mauve/green (1 rst layer) Location: exterior east wall of unit #17 Area: throughout exterior walls of units #1-17 Results: none detected Friable:no Sample #SE-51 Type of material: exterior plaster- grey (2nd layer) Location: behind sample #SE-50 Area: throughout exterior walls of units #1-17 Results: none detected Friable:no Samples #SE-52 thru #SE-57 were taken from unit #11. Sample #SE-52 Type of material: stucco- mauve/green (1rst layer) Location: exterior west wall of unit #11 Area: throughout exterior walls of units #1-17 Friable:no Results: none detected Friable:no Type of material: exterior plaster- grey (2nd layer) Location: behind sample #SE-52 Area: throughout exterior walls of units #1-17 Results: none detected Sample #SE-53 Friable:no Type of material: rolled roofing- grey/black (3rd layer) Location: exterior roof above unit #11 Area: throughout exterior roof above unit Results: none detected Sample #SE-54 Sample #SE-55 Type of material: rolled roofing- brown (4th layer) Location: under sample #SE-54 Area: throughout exterior roof above unit Results: none detected Friable:no Sample #SE-56 Friable:no Type of material: rolled roofing- brown (5th layer) Location: under sample #SE-55 Area: throughout exterior roof above unit Results: none detected Sample #SE-57 Type of material: roof felt- black (6th layer) Location: under sample #SE-56 Area: throughout exterior roof above unit Results: none detected Friable: no (8) P.O. Box 55329 n ;verside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Samples #SE-58 thru #SE-62 were taken from unit #8, Sample #SE-58 Type of material: rolled roofing- grey (1rst layer) Location: exterior roof above unit #8 Area: throughout exterior roof above unit Friable:no Results: none detected Sample #SE-59 Type of material: roof felt (2nd layer) Location: under sample #SE-58 on roof above unit #8 Area: throughout exterior roof above unit Results: none detected Friable:no Friable:no Type of material: roofing- black (3rd layer) Location: under sample #SE-59 Area: throughout exterior roof above unit Results: none detected Sample #SE-60 Type of material: roof felt (4th layer) Location: under sample #SE-60 Area: throughout exterior roof above unit Results: none detected Sample #SE-61 Friable:no Type of material: penetration mastic- grey Location: along rolled roofing seam on roof of unit #8 Area: along rolled roofing seams and roof penetrations above units #1-17; approx. 50 linear ft. per each unit Results: 10% Chrysotile asbestos Sample #SE-62 Friable:no Friable: no Type of material: wall plaster Location: exterior west wall of garage east of units Area: throughout exterior west and east walls of garage Results: none detected Sample #SE-63 Sample #SE-64 Friable:no Type of material: roofing (1 rst layer) Location: exterior roof above garage Area: throughout exterior roof above garage Results: none detected Sample #SE-65 Type of material: roofing- red (2nd layer) Location: under sample #SE-64 on roof of garage Area: throughout exterior roof above garage Results: 10% Chrysotile asbestos Friable:no (9) P.O. Box 55329 o;verside, CA 92517 9) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Friable:no Type of material: tarred felt (3rd layer) Location: under sample #SE-65 Area: throughout exterior roof above garage Results: none detected Sample #SE-66 Note: All asbestos containing building material(s) containing greater than 1.0% asbestos by volume or weight, must be removed by a state certified asbestos abatement contractor prior to any demolition or renovalion of the property. Inspector /llfC/t Scott C. Morrison Certified Asbestos Consultant DOSH#92-0248 (10) LABORATORY REPORT ASBESTOS BULK ANALYSIS Client: Scott Morrison & Associates eEl Lab Code: A06-2636 Received: 04-14-06 31855 Date Palm Dr. Suite 3-507 Analyzed: 04-17-06 Cathedral City, CA 92234 Reported: 04-17-06 Project: PLM0411 #6650 Analyst: Gigi Thomas The following definitions apply to the abbreviations used in the ASBESTOS BULK ANALYSIS REPORT: CHRY = Chrysotile AMOS = Amosite CROG = Crocidolite TREM = Tremolite ANTH = Anthophyllite ACTN = Actinolite N D = None Detected NANTH = Non-Asbestiform Anthophyllite CELL = Cellulose FOOL = Fibrous Glass ORGN = Organics SYNT = Synthetics WOLL = Wollastonite CERWL = Ceramic Wool NTREM = Non-Asbestiform Tremolite DEBR = Debris BIND = Binder 'SILI = Silicates GRAV = Gravel MAST = Mastic PLAS = Plaster PERL = Perlite RUBR =Rubber oscopic microscopy and polarized light microscopy coupled with dispersion staining is the analytical technique used " _ample identification. The percentage of each component is visually estimated by volume. These results pertain only to the samples anaiyzed. The samples were analyzed as submitted by the client and may not be representative of the larger material in question. Unless notified in writing to return samples, Carolina Environmental, Inc. will discard all bulk samples after 30 days. Many vinyl floor tiles have been manufactured using greater than 1 % asbestos. Often the asbestos was milled to a fiber size below the detection limit of polarized light microscopy. Therefore, a "None Detected" (ND) reading on vinyl floor tile does not necessarily exclude the presence of asbestos. Transmission electron microscopy provides a more conclusive form of analysis for vinyl fioor tiles. It is certified by the signature below that Carolina Environmental, Inc. is accredited by the National Voluntary Accreditation Program (NVLAP) for the analysis of asbestos in bulk materials. The accredited test method is EPA I 600 I M4-82 I 020 for the analysis of asbestos in building materials. Procedures described in EPA /600 / R-93 /116 have been incorporated where applicable. The detection limit for the method is 0.1% (trace amount). Carolina Environmental, Inc.'s NVLAP accreditation number is #101768-0. This report is not to be used to claim product endorsement by NVLAP or any agency of the U. S. Government This report and its contents are only valid when reproduced in full. Dust and soil analyses for asbestos using PLM are not covered under NVLAP accreditation. 87'~ Gigi Thomas ~ &.-: ANALYST REVIEWED BY Tianbao Bal, Ph.D. Laboratory Director Page 1 CND..NA.ENYRHENTAI., IIC 107_&llanCWt, a.y, t<<: 21511 Roll: 919-481-1413 Fac: 919-481-1442 Project: PLM0411 #6650 Lab Code: A06-2636 . <ct.iEHTlD .... "":" ~o;:~:;:c'>:: '~~~~~-:-:-'c:. :~ ;"-: co;. "~~oc\~c=-~~~~?'7TX; SE-Ol NO A463906 Homogeneous, ACOUSTIC SPRAY CEILING Tan, Non-fibrous, Loosely Bound PAINT 10 % BIND 85 % FOAM 5 % CEll <1% SE-02 NO A463907 Homogeneous, ACOUSTIC SPRAY CEILING Off-white, Non-fibrous, Loosely Bound PAINT 5 % CEll BIND 90 % FOAM 5 % <1% SE-03 NO A463908 Heterogeneous, TEXTURE Off-white, Non-fibrous, Bound PAINT 5 % BIND 95 % CEll <1% SE-04 NO A463909 Heterogeneous, PLASTER Grey, Non-fibrous, Bound PLAS 100% CEll <1% SE-05 NO A46391 0 Homogeneous, FLOOR TilE Grey, Non-fibrous, Bound VINYL 100% CEll <1 % SE-06 NO A463911 Homogeneous, MASTIC Brown, Fibrous, Bound MAST 98% CEll 2% SE-07 NO A463912 Homogeneous, FLOOR TILE Brown, Fibrous, Bound BIND 70% CELL 30% Page 2 CMO..MBMD&BfI'Al,H:. 107...... &lion QuI, ClIy, N:: 21511 f'h:nl: 919481-1413 Fax:: 91941l1-1442 Project: PLM0411#6650 Lab Code: A06-2636 c..euENT!ti. .~../,~<~,:'~. ,,:-~~~~.~~;:~:=~:<~o.S:?~."=~~O'o-~-is8~T~J:-'f2} SE-08 A463913 Heterogeneous, PAPER BACKING & MASTIC Black, Brown, Fibrous, Bound MAST 5 % TAR 65% NO CElL 30% SE-09 A463914 ACOUSTIC SPRAY CEILING NO Homogeneous, Tan, Brown, Non-fibrous, Loosely Bound PAINT 5% CELL <1 % BIND 90% FOAM 5% SE-l0 A463915 ACOUSTIC SPRAY CEILING NO Homogeneous, Tan, Non-fibrous, Loosely Bound PAINT 5% CELL <1 % BIND 90% FOAM 5% SE-ll A463916 FLOOR TILE NO Homogeneous, Beige, Non-fibrous, Bound VINYL 100% SE-12 A463917 Homogeneous, MASTIC Yellow, Non-fibrous, Bound MAST 100% NO CELL <1% SE-13 A463918 Homogeneous, BACKING MATERIAL Black, Fibrous, Bound TAR NO 75% CELL 25% SE-14 A463919 Heterogeneous, DRYW ALUJOINT COMPOUND Pink,Off-wMe, Fibrous, Loosely Bound BIND 3 % CELL GYPSUM 92 % NO 5% Page 3 CAFIOl.MABMIHENl'Al.H:. 107NewElalnQul, ~ II: 21511 Rme: 919481-1413 Floc: 919481-1M2 Project: PLM0411 #6650 lab Code: A06-2636 '-"'<-. " . _..,.;i~~~~5-:;?'~~lt~c::~~:~:~"::~._-:'SS1~~;'f:~~=-~'~.A-~~~!~~~~i; " CUENTIO SE-15 A463920 Heterogeneous, ACOUSTIC SPRAY CEILING Off.white, Non-fibrous, Loosely Bound BIND 3 % CELL GYPSUM 94 % FOAM 3 % NO <1% SE-16 A463921 Homogeneous, TEXTURE Off.white, Non-fibrous, Bound PAINT 98% BIND 2 % NO CEll <1% SE-17 A463922 Homogeneous, PLASTER Grey, Non-fibrous, Bound PLAS 100% NO CEll <1% SE-18 A463923 ACOUSTIC SPRAY CEILING NO Homogeneous, Off-white, Non-fibrous, loosely Bound PAINT 5% CEll 2% BIND 88% FOAM 5% SE-19 A463924 ACOUSTIC SPRAY CEILING NO Homogeneous, Off-white, Non-fibrous, Loosely Bound PAINT 5% CEll 2% BIND 88% FOAM 5% SE.20 A463925 TEXTURE NO Heterogeneous, White, Non-fibrous, Loosely Bound PAINT 90% CEll <1% BIND 10% .----.-- SE-21 A463926 PLASTER NO Heterogeneous, Grey, Non-fibrous, Bound PLAS 100% CEll <1% Page 4 CAR:lN\eMIHENI'Al,1C 107_&llcn0cut, ~ PC 27511 PIme: 919-481-1413 Fax:: 919-481-1442 Project: PLM0411 #6650 lab Code: A06-2636 , -l;liEHno ..~,fr;:~ T~~:(:;;~~~1t:~~~;02~~~~~~~-fCB~7r,~~~X~~--~~~TJs~l\;~r~ SE-22 NO A463927 Heterogeneous, ACOUSTIC SPRAY CEILING Off-white, Non-fibrous. Loosely Bound PAINT 10% CELL BIND 85 % FOAM 3 % 2% SE-23 NO A463928 Heterogeneous. TEXTURE Off-white. Non-fibrous. Loosely Bound PAINT 5 % CELL BIND 93 % 2% SE-24 NO A463929 Heterogeneous. PLASTER Grey. Non-fibrous. Bound PLAS 100% CELL <1% SE-25 NO A463930 Heterogeneous, ACOUSTIC SPRAY CEILING Off-white. Non-fibrous, Loosely Bound PAINT 5% CELL BIND 90 % FOAM 5 % <1% SE-26 NO A463931 Homogeneous. FLOOR TILE Tan, Non-fibrous, Bound VINYL 100 % SE-27 NO A463932 Homogeneous, MASTIC Yellow. Non-fibrous. Bound MAST 100% CELL <10/0 SE-28 NO A463933 Heterogeneous, FLOOR TILE White. Non-fibrous. Bound VINYL 100 % CELL <1% Page 5 CNlCiIJaEN\lllHENl'AI.., N:. 107_E<IIanClul, c.v, N:: 27511 Ftae: 919481-1413 Fa>c:: 919481-1442 Project: PLM0411 #6650 lab Code: A06-2636 cUeri~?\-; ....~Ji::';;\~.~:~":~~~~T'f~~~t~,~t~~~~:-j~~~t~"s!,,, _~ _. u .. _. .. ._..,. '."-';:_-',:_ .:_;-'~'~,____:.'~~,:';':',."... SE-29 A463934 Heterogeneous, TEXTURE Off-white, Non-fibrous, Bound PlAS 5 % BIND 95% NO CEll <1% SE-30 A463935 Homogeneous, PLASTER Grey, Non-fibrous, Loosely Bound PLAS 100% NO CEll <1% SE-31 A463936 ACOUSTiC SPRAY CEILING NO Heterogeneous, Off-white, Non-fibrous, Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-32 A463937 TEXTURE NO Heterogeneous, Off-white. Non-fibrous, Bound PAINT 5% CEll <1% BIND 95% SE-33 A463938 Heterogeneous, PLASTER Grey, Non-fibrous, Bound PlAS 100% NO CEll <1% SE-34 A463939 ACOUSTIC SPRAY CEILING NO Heterogeneous, OH-white, Non-fibrous, Bound PAINT 10% CEll <1% BIND 85% FOAM 5% SE-35 A463940 TEXTURE NO Heterogeneous, OH-white, Non-fibrous, Bound PAINT 10% CEll d% BIND 900/0 Page 6 ~Bl\llDMHTAl,K:. I07Now&alnClut, ClIry, IC 21511 me: 91&<181-1413 Fax:: 91&<181-1442 Project: PLM0411#6650 lab Code: A06-2636 ..~~lD. ..' .<}~~. ...~~~_~~~i,--'::~~:?=:.c'=r}=7.5-='~=;:~Z~~~~i~fJ~~ SE-36 A463941 Heterogeneous, PlASTER Grey, Non-fibrous, Bound PlAS 100% NO CELL <1% SE-37 A463942 ACOUSTIC SPRAY CEILING NO Heterogeneous, White, Non-fibrous, Loosely Bound PAINT 5% CELL <1% BIND 90% FOAM 5% SE-38 A463943 ACOUSTIC SPRAY CEILING NO Heterogeneous, White, Non-fibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-39 A463944 ACOUSTIC SPRAY CEILING NO Heterogeneous, White, Non-tibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-40 A463945 ACOUSTIC SPRAY CEILING NO Heterogeneous, Off-white, Non-fibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-41 A463946 ACOUSTIC SPRAY CEILING NO Heterogeneous, Off-white, Non-fibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-42 A463947 FLOOR TILE NO Homogeneous, Tan, Non-fibrous, Bound VINYl 100% CElL <1% Page 7 CAFlClIMAEN\IIlCNENTAl, H:. l07NowEelnClut, Cloy, t<<: 21S11 "u1e: 919481-1413 Fax:: 919481-1442 Project: PLM0411 #6650 lab Code: A06-2636 ..-..,.......... ,_,___'""'..___n' _.___...._... __.n'__n ......,_......._n.. ....._.,,_._.._., . .. --- eEl .. --- -- .. - - .... - -.. - - - - -- - ----- - -.... -- ..-.._-_C7_..c-CC-- "..; ;;.81l! -<:~::~HOIIQGawTY_ -- ~.~.ioi!:--~.... - .." .. :"'~~T~;~~~l~ ~ ." ," ~ -.,- . - . -- - .". -.--e'."', .<" "...,:_.~'.:~\ 'Cl.iENtlb --- SE-43 A463948 Homogeneous, MASTIC Brown, Non-fibrous, Bound MAST 100% NO CELL <1% SE-44 A463949 Homogeneous, FLOOR TILE Grey, Fibrous, Bound CHRY 2% VINYL CHRY 2% 98% CELL <1% SE-45 A463950 Homogeneous, MASTIC & BACKING Tan, Brown, Fibrous, Bound MAST 90 % NO CELL 10% SE-46 A463951 ACOUSTIC CEILING NO Heterogeneous, While, Non-fibrous, Loosely Bound PAINT 5% BIND 85% FOAM 10% SE-47 A463952 VINYL FLOORING NO Heterogeneous, Grey, Fibrous, Bound VINYL 25% CELL 25% BIND 45% FBGL 5% SE-48 A463953 TEXTURE NO Heterogeneous, Off-white, Non-fibrous, Bound PAINT 25% CELL <1% BIND 75% SE-49 A463954A Heterogeneous, PLASTER SKIM COAT Off-white, Non-fibrous, Bound PLAS 100% NO CELL <1% Page 8 CARll.Hl.ENWRlIIENl"AL,H:. 101_ &IlonO:ul, Clr\\ IC 27511 1me: 919<181-1413 Fa<:: 919<181-1442 Project: PLM0411 #6650 Lsb Code: A06-2636 ~ ~-~~lOi -,~-~__:~_:_:-'-~~~-:~C~?--~::-~~T~T~~~~ .;-~iEMt:1O ,.:~~o - A463954B Heterogeneous, PLASTER BASE COAT Grey, Non-fibrous, Bound PLAS 100% NO CElL <1% SE-50 A463955 Heterogeneous, STUCCO Green, Non-fibrous, Bound PLAS 95 % PAINT 5% NO SE-51 A463956 Heterogeneous, PLASTER Grey, Non-fibrous, Bound PLAS 100% NO CELL <10jg SE-52 A463957 STUCCO NO Heterogeneous, Green, Non-fibrous, Bound PLAS 97% CELL <10/0 PAINT 3% SE-53 A463958 PLASTER NO Heterogeneous, Grey, Non-fibrous, Bound PLAS 100% SE-54 A463959 Homogeneous, ROLLED ROOFING Grey, Black, Fibrous, Bound TAR 75% NO CELL 25% SE-55 A463960 Heterogeneous, ROLLED ROOFING Brown, Fibrous, Bound TAR GRAV NO 60% 5% CELL 35% Page 9 CNIJlNl\EN\IRHENTAl.tC 101NowElllanO:ul, CIry, f<<: 21St1 lue: 919481-1413 FaIc: 919481-1442 Project: PLM0411 #6650 Ub Code: A06-2636 .'3~!O . ...___'.__.__.._u'-.__n____.____.._,u_. __ ."-'___.__"" ,',JeEln,. ' ,'. .'.~~~~.:-o~/:~:::.:;~~2:.-c~?7:-~~~~.~Fj1:-~ SE-56 NO A463961 Heterogeneous, ROLLED ROOFING Brown, Fibrous, Bound TAR GRAY 60% 5% CELL 35% SE-57 NO A463962 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR 65% FBGL 35 0/0 SE-58 NO A463963 Heterogeneous, ROLLED ROOFING Grey, Fibrous, Bound TAR GRAV 60% 5% CELL 35% SE-59 NO A463964 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR 65% CELL 35% SE-60 NO A463965 Homogeneous, ROOFING Black, Fibrous, Bound TAR GRAV 67% 3% CELL 30% SE-61 NO A463966 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR 70% CELL 30% SE-62 10% A463967 Heterogeneous, PENETRATION MASTIC Black, Grey, Fibrous, Loosely Bound CHRY 10% TAR 90% CELL CHRY <10/0 Page 10 CAR:lIMAENYIlOI J.ENrAl.., N:. 101Now_O<ut. Cllry,IC 21511 tcre: 919481-1413 Fa>c: 919481-1M2 Project: PLM0411 #6650 Lab Code: A06-2636 _... ~:.~. -. ::. ?::-~.::~c. <SESTOS: 0'"': .> .' ,. ...., .-_......... ..-. .. ,---.----. "-_.-'-'~',"""-----'-' ..-----------.-, :;etiEHTlO--: . >:[;:~_.. . .~tlES~n(>>C':Z.::':. -.-"- ,- ___ .......,...._.....c ';'--' _,_ SE-63 NO A463968 Heterogeneous, WALL PLASTER Grey, Tan, Fibrous, Bound PAINT 5% PLAS 95 % cal <1% SE-64 NO A463969 Homogeneous, ROOFING Black, Rtlrous, Bound TAR 70% CEll 30% SE-65 10% A463970 Heterogeneous, ROOFING Red, Fibrous, Bound CHRY 10% TAR 70% CEll CHRY 20% SE-66 NO A463971 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR 70% CELL 30% Page 11 $s ~ \ 1 , - ~ ., ~ \ "" C\. ~ ~ ., tf\ .. ~cl ~ ~ j! <oS = ~ i oJ '~.!1: -< ~ :!l ... u ! ... : ~ II II c::a .... ~ GJ 0 0 ~ ~ aw . . t:I = !J .... . -< ~ ... ~ ... ~ -!;1~; GO ~~~~:! N .0 ~ !::- !~~;~ .; =Z ......... , a e.... ~~j ~ III f. '" ~ ~ w ~~ i~ ~ ~ -< .. f,,) .. ... 'i . .t:' -6 - e~ w eo }.. ~ e ~10 'i ~ ~ oS ~ t. ~ ~ '" g ..... . .. ~ i .. .. c:loo '~ ~ ~ I ~ ( oJ s:l ~ u; .g ... ..... " it ,! Vi 'g ~ ~ ~ .; n '..l \J .5 ~ 0 .. <Ii! 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U .~t'--- ~ 'Y .... ~ ~- "{ .. !;i J.. ;:: j -j.. rI.l -0 #. 0; J i .. ~ ~ - .. .& ~ II'l :I;l - .... :r - _ JI ~. ~ /l -< .::::: - r4l .. .. i c ~ o .. < . ~ ..... ~~ ~ t ,,~I ~~~, ~b .g j <b M..l 4 !J., .e- ~ \- L..... lL> ~ ! I tL ~ t:;1i:[,I IL~~~~ ~ ttJtL~1 t~..~&it 1 ~u...~-.lU;~.. IJ. 1,\..11.a .,.)qli.'j~ ~ (C l) (l ~ :'::~r\~ ~~~~C'-W-"~ . I-'- ~_ ~ ..\ ~ ... ~ ~ Jl -!... t ~ CI) ~ ~6.!I'~-~I"\">-~~ .' \,f\j;.) ~~~~~'11 I o II I I 'iL ~I..U\U I ~~~~~~~tI\V\V\ ~l.."'-a"'~~~~ "'<' '-'"\ ,.... '-.}'-Sl ~ ....:3 ,,~" ~ )\ J~. 1 .... fA J i 'i · ~ :g ~ .a ., ~ == :I : "" ~ . '- 7' CODStntmon Demolition Land Clearing Slag Paving Grading April 28, 2006 City of San Bernardino Economic Development Agency 201 North E. Street, Suite 301 San Bernardino, CA 92401 Altn: Mike Trout AON, INC. P.O. Box 302 Bloomington, CA 92316 Phone (909) 350-8681 Fax (909) 350-8443 LiC# 642481 Re: 745 West 5th Street, San Bernardino, CA 92410 Transportation Flat Beds Low Beds End Dumps Used Equipment We will provide all machine time, labor, transportation and dump fees for the following: I. Complete demolition of apartment complex 2. Complete demolition of garage units 3. Remove concrete sidewalks 4. Leave site suitable for grading 5. Asbestos remediation 6. Sewer capping ( I for entire site) Total $ 41,800.00 Exclusions: 1. Sub surface conditions 2. Hazardous materials 3. One structure, block wall and driveway to remain m-N~ ~MORR1S \~ ACCEPTABLE DATE O I .r'; 1"1 'UIIl'i 0'" , c G L.~,. , 1 ,- - ~ i.._ '_._ ~ : ;" . . : ~ ! -'- -" 1. Complete asbestos abatement and demolition of all buildings, structures, foundations, driveways, asphalt, walls, fences, tress and shrubs. Demolition Permit is required. ~ 2. Contractor shall provide all appropriate notification to AQMD and must provide proof of notification to obtain demolition permit. ~~ 3. Cap all utilities at the street. Contractor to get sewer cap permit from water purveyor and obtain appropriate inspection and approval required by the sewer cap permit. 4. Contractor to supply all labor and materials for the demolition and removal of debris from the Property. Contractor shall also supply the Agency all labor and materials releases. 5. All trash and debris to be removed from Property. Fill and compact all holes to 90%. Remove all tress and shrubs. Leave Property clean and graded to within two inches of curb elevation. Dust control to be enforced a~~ 6. Contractors to obtain and maintain in force during the term of the contract, at his or her expense, public liability and property damage insurance and through brokers approved by the Agency adequate to protect against liability from damage claims arising out of contractor's operation in a minimum amount of $1 ,000,000 comprehensive liability with 30 days notice of cancellation. The Agency is to be named as certificate holder. Proposals received without Certificate of Insurance will be considered incomplete and unacceptable. 0vCtf Ir~ 7. Contractor to submit liability insurance certificate in the amount of $1,000,000 and property damage insurance certificate in the amount of $1,000,000 with the Agency as certificate holder prior to demolition permit being issued. 8. Contractor agrees to indemnify and hold the Agency and the City of San Bernardino harmless from all claims, demands, causes of action or suits, of whatever nature, arising out of the services furnished by contractor or his or her subcontractors under this contract, and from all laborers', material providers, and mechanics' liens upon the real Property upon which the work is located or any property of the Agency. 9. Contractor to provide a bid bond in an amount equal to 10% of their bid and a performance bond in an amount equal to 100% of the bid amount. f1w~ 10. MBE/WBE/OBE requirements. For the purposes of the contract the Agency is incorporating the provisions set forth in the City of San Bernardino Resolution dated November 26, 1996 which states "It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBE's), Women Business Enterprises (WBE's), and all Other Business Enterprises (OBE's) an equal opportunity to participate in all City contracts. Bidders and proposers shall assist the City and the Agency in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBE's and WBE's have an opportunity to compete for and participate in City contracts." 11. Public funds are beings used for this project; therefore, not less than Prevailing Wages shall be paid. All necessary payrolls required in connection with the payment of prevailing wages shall be prepared and available to the Agency for inspection. ~Idh r &aIo a Caliomia n_ CONTRACTORS STATE UCBlSE BOARD. ~- ACTIIIE lICENSE <--. . - ~- 642481 _ CORP __AONINC - AS C21 ~ '-- 04l3Ol2OO8 I' I , / \ \ I I POLICYHOLDER copy STATE COMPENSATION INSURANCE 'CUND P.O. BOX 420807, SAN FRANCISCQ,CA 94142-0807 CERTlFICA TE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-05-2006 GROUP: POLICY NUMBER 1329587-2008 CERTIFICATE 10: 93 CERTIFICATE EXPIRES:. 03-05-2007 03-05-2008/03-05-2007 CITY OF SAN BERNADINO ECONOMICS REDEVELOPMENT AGENCY 201 N E STREET STE 301 SAN BERNADINO CA 92401 Sol This is to certify that we have issued a valid Workers' Compensation insurance policy in J form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days JldVM1Ce written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condttion of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is subject to all the terms. exclusions. and conditions. of such policy. tREP~ EMPLOYER'S LIABILITY LIMIT INCLUDING OEFENSE COSTS: ~ PRESIDENT 51,000,000 PER OCCURRENCE. ENooRSEMENT #1600 - JIM MORRIS, PRES,SEC,TRES - EXCLUOED. ENDORSEMENT #1600 - ADAM OADOS, VP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-05-1999 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ON, INC ~O BOX 302 9LOOMINGTON CA 92316 Sol PRINTED: 02-18-2na6 Sol M0410 ,.,- .-.--~._- .- ..--..--.. ACORD. CERTIFICATE OF UABIUTY INSURANCE I DA11!J ...., ~ -- 888 717-6300 TIll <Oa<,,"CllTE IS ....ED AS II IIo\TTEII Of ~TION "PacIic Ridge lnuance Marketing ClaY _ (. _ Ill) ~ _ TIE .....,.....ATE 365 Wills Awnue IlOUIEIl TIll CEII11FICATE __ IIClT AEND, EXTl!IIIl 011 ill TEll TIt!! COV!JljlOE /lHuMW.1' IIY 11tE POUClEll IlELOW. Camlllillo, CA 93010 Ucense fIOO58584 ---COV!JljlOE lWei - ........" . c-_ .:'" .,.,...,., liON INC. N!lAERB. I""I::t..m CV """""" 15358 VAlLEY BlVD. ........., FONTANA. CA 92335 ........'" ........E TIE PClUCI!S OF _MICE LB1ED -.ow IWE lIEN IISl.ED TO 1HE Its.R:D JIrIIIlIED __ POR floE PCII..I:YPERtDta:AlED. N01WTHST#lfCINJ 1M( ---IT, ..... OR ~noN t1F lilt CQN1IIUlCT 011 cmeI DOCUIIEN'T.me...-ecT TO.-:H TIe CIII1'FICATE _V BE ISSILED OR IMY PI!I!T'" THE ItIUWCt!' AfFOMJED In" ne POI.JQ!S I)eIIIoo ~. 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PRCMIIOIII 10 IIOT1CE FOR CAIlCEUATION CERTIFICATE HOLDER IS IIAIEll AIIllIl1OIIAI...,RED III RESPECTS TO GENEIlAI. UAIIIUTY AND AUTO UAIIIUTY ThIs paley sdlJod to ..,...... & _ -', _ & paley - or........-.g cantor. TNs cert:llkate &.t- o ....... of..............L C TE Ell CAIlCEUATION City at San ElemaIdino sttOI.lD,., Of ne__~fI'OI.Jl:2SEQMC8.lEDtIIIilf(JIE 1te~noN 300 NORTH 0 STREET Dlft 1t8BIF, ne -.G ___ -.J......... TO WL ..1n.... DAft .uTIlI SAN BERNARDINO, CA IM)1U TO ~ C8tU'ICAII! HCIl..IlI!R.-.o TO tHI! lDT,""l'a1lIUIlI '0 DO 10 IHllILL 92418 M'OI!_ ~D)IiIl CIII ~ Of MY UD ~ TIE IN'SUER. fT$A08iI"''' -.- --...... 'OCNISE L. CLERIC ACORD 25 (2001108) II ACORD CORPORATION 1988 COVERAGES SUPPLEMENTAL ANNEX TO AGREEMENT (Asbestos Abatement and Demolition of 745 West S'h Street, San Bernardino, California APN: 0134-093-05 and 06) THIS SUPPLEMENTAL ANNEX TO AGREEMENT (the "Supplement") is a part of that certain agreement entitled "Agreement Redevelopment Agency of the City of San Bernardino (Asbestos Abatement and Demolition 745 West 51h Street, San Bernardino, California, APN: 0134- 093-05 and 06)" dated May _, 2006 ("Agreement") by and between AON, Inc. ("CONTRACTOR") and the Redevelopment Agency of the City of San Bernardino ("AGENCY"). Section I. Definitions. (a) Unless the usage of a particular word or phrase set forth in this Supplement may otherwise require words and phrases as used in this Supplement shall have the same meaning or definition as set forth in the Agreement. (b) As used in this Supplement the following words and phrases shall have the meaning ascribed below: . "asbestos" shall have the same meaning as set forth at Labor Code Section 6501.7: . "asbestos-containing construction material" shall have the same meaning as set forth at Labor Code Section 6501 .8(c): . "asbestos-containing waste material" means any waste generated by the CONTRACTOR or its subcontractors during the course of the Work in connection with asbestos abatement or the performance of any asbestos-related work on the Properties which contains asbestos material including any disposable equipment or worker clothing supplied by the CONTRACTOR or any subcontractor: . "Asbestos Survey Report" refers to Report No. PLM0411 #6650 dated April 18, 2006 containing surveys and tests conducted on the Properties for the AGENCY by state certified asbestos consultant Scott Morrison and Associates. A copy of the Asbestos Survey Report is included in the Technical Specifications of the Ab'feement: . "asbestos-related work" shall have the same meaning as set forth at Labor Code Section 650 1.8(a); . "Properties" refers to 745 West 5th Street. San Bernardino, California (APN: 0134-093-05 and 06). Asbestos and asbestos-containing construction materials are currently incorporated into various building components (in varying quantities and levels of concentration) on each of the Properties. Section 2. Elements of the Work Identified. The Work to be performed by the CONTRACTOR consists of the following elements: (I) asbestos abatement and asbestos-containing waste material disposal work at each of the Properties; (2) demolition of building components on each of the Properties that contain asbestos in concentrations less than or equal to one percent (I %) and greater than one-tenth of one percent (0. I %); (3) demolition of building components on the Properties that contain asbestos in concentrations less than or equal to one tenth of one percent (0.1 %): (4) demolition of building components on the Properties which contain no detectable amount of asbestos; (5) removal of building foundations, footings, slabs and paved surfaces on the Properties and site clearance of vegetation on the Properties: (6) utility disconnection, removal, capping and abandonment within boundaries of Properties as noted in the Technical Specifications and/or demolition permits; (7) transport and disposal off-site at a certified waste disposal facility/municipal landfill of all asbestos-containing waste materials generated during the course of the asbestos abatement and building demolition of the Properties: (8) transport and disposal ot1~site at a certified waste disposal facility. municipal landfill of all other Work-related demolition wastes. debris. vegetation and other non-hazardous wastes; (9) submission of reports, plans, waste disposal manifests and other documents to the AGENCY relating to element nos. (I) - (8) above. (10) all trash and debris to be removed from Property. Fill and compact all holes to 90%. Remove all tress and shrubs. Leave Property clean and graded to within two inches of curb elevation. Dust control to be entl1rccd. Section 3. Notice of Environmental Hazard n Asbestos. (a) The AGENCY has previously notified the CONTRACTOR that the Properties containing asbestos and asbestos-containing construction materials and that the abatcment and demolition of such asbestos-containing material presents a potential health hazard to any unprotected or untrained person who may be exposed to such asbestos during the course of the abatement and demolition. The CONTRACTOR hereby acknowledges receipt from the AGENCY of the Asbestos 2 Survey Report relating to the Properties and the Work as prepared for the AGENCY by state certified asbestos consultants. (b) The AGENCY makes no representation, warranty or guarantee to the CONTRACTOR that the Asbestos Survey Report has identified all asbestos and asbestos-containing materials which may be present in any of the Properties or that asbestos or asbestos-containing materials, other than or in proportions or locations different from those indicated, may not exist on the Properties. (c) The CONTRACTOR acknowledges and agrees that it shall proceed with due caution in the performance of all phases of the Work. Additional asbestos and asbestos-containing materials may be uncovered during the course of the Work by the CONTRACTOR or its subcontractors and the CONTRACTOR shall upon such discovery include the abatement. demolition and disposal of such asbestos and asbestos-containing material in the Work without change in the lump sum price payable by the AGENCY for the performance of the Work as set forth in Article III of the Agreement. (d) The CONTRACTOR represents and warrants to the AGENCY that it is qualified to perform the Work, including the asbestos abatement and that the CONTRACTOR has satisfied and shall remain in compliance with the provisions of Labor Code Section 6501.5 at all times during the course of the Work. Section 4. Submission of Health and Safetv Asbestos Abatement and Demolition Plan. (a) Within fifteen (15) days following the execution of the Agreement, the CONTRACTOR shall deliver to the Agency a suitably detailed health and safety asbestos abatement and demolition plan (the "Plan") prepared by a certified asbestos consultant for the abatement, demolition and disposal of asbestos and asbestos-containing materials on the Properties. The Plan shall contain the employee training and employee health certifications for asbestos workers as required by applicable law, and each employee engaged in asbestos-related work shall complete and execute the worker acknowledgment form attached to this Supplement as Appendix "]". The Plan shall also contain all other information as necessary to obtain demolition permits from the City for the demolition of the Properties including without limitation the following items of information: (I) the method of transport of hazardous wastes and asbestos-containing waste materials including the transporter's name. address. telephone number and liSEPA identification number/state transportation identification number: (2) the name and address of the waste disposal facility to be used: (3) names and daytime and emergency telephone numbers of asbestos abatement and demolition superintendent, foreman, project manager and other key personnel for the performance of the \V ork; (4) a description of environmental engineering and other work controls to be used in the performance of the Work; 3 (5) personal air equipment and air monitoring procedures for the asbestos-related work; (6) work schedule, including milestones in sufficient detail for the Project Administrator to veri fY the percentage of the Work covered by each application for progress payment; and (7) emergency evacuation plan for injured workers. (b) Hazardous wastes and asbestos-containing waste shall be properly labeled and prepared for transport and disposal in accordance with applicable law. Hazardous wastes and asbestos-containing waste materials shall not be combined for storage or transport with any other waste generated off-site. When physically possible, asbestos-containing waste materials generated by the Work shall not be combined with other demolition waste which do not contain detectable quantities of asbestos. Section 5. AGENCY Shall Sign Waste Disposal Manifests For Transport and Disposal of All Hazardous Wastes and Asbestos-Containing Waste Material. (a) The AGENCY represents and warrants to the CONTRACTOR that the AGENCY is the owner of the Properties for the purpose of executing each waste disposal manifest and that the Executive Director of the AGENCY is authorized to sign waste disposal manifests on behalf of the AGENCY as the owner of the Properties for the transport and disposal of hazardous wastes and asbestos-containing waste materials generated during the course of the Work. (b) The Executive Director, or the nominee of the Executive Director. shall execute waste disposal manifests on behalf of the AGENCY on the next business day of the AGENCY following the submission by the CONTRACTOR of a completed waste disposal manifest to the Agency. (c) Upon execution by the AGENCY of the applicable waste disposal manifests the CONTRACTOR shall transmit and deliver the hazardous waste/asbestos-containing waste materials to the waste disposal facility designated in the Plan in accordance with applicable law. The CONTRACTOR shall be responsible for the safe handling and transportation of all hazardous waste and asbestos-containing waste materials generated by the Work to the designated waste disposal facility. The CONTRACTOR shall defend. hold harmless and bear all costs for all claims. damages, losses. fines, and clean-up expenses. and attorneys fees brought against the AGENCY arising out of or resulting from the abatement. temporary storage or handling on the Properties and/or transport of hazardous waste and asbestos-containing waste materials for tinal disposal. Section 6. Status of Subcontractors and Responsibilitv of CONTRACTOR For Health and Safetv of All Workers Engaged in Asbestos Abatement and Other Elements of the Work on the Properties. Subcontractors shall be considered employees of the CONTRACTOR and the CONTRACTOR shall be responsible for the Work. CONTRACTOR shall assume all responsibility for any toxic effects to workers. including the workers or employees of all subcontractors. from the air supplied to respirators or from encapsulant or from wetting agents and for the transport and 4 disposal of such agents and any residual toxic damaging residue to personnel or to property. The use of an observation service by a subcontractor to the CONTRACTOR to conduct any clearance testing during the course of abatement of asbestos or demolition and removal of asbestos-containing materials shall not relieve the CONTRACTOR of responsibility for providing or performing tests required by regulations, codes or standards relating to the removal of asbestos-containing materials from the Properties for the protection of its employees and the employees of all subcontractors. Section 7. Waivers of Mechanics Liens. Article III of the Agreement is hereby supplemented to add two additional paragraphs at the end thereof which read as follows: With each application for payment, CONTRACTOR shall also submit to the Agency waivers of mechanics liens from every entity who is lawfully entitled to file a stop notice/mechanics lien against the AGENCY for the performance of the Work covered by the application for payment, including from subcontractors and suppliers. The application for final payment shall be accompanied by final stop notice/mechanics lien waivers from every entity involved with the performance of the Work, a written certification of CONTRACTOR that all equipment, temporary facilities and stored materials have been removed from the Properties, copies of all hazardous and non-hazardous waste disposal manifests. a suitably detailed site plan of the Properties drawn to scale indicating the location oftie- off points for utility connections to the building and structure as demolished on the Properties. Section 8. Incorporation Bv Reference of Standard Specifications for Public Works Construction. 2003 Edition. In addition to the Agreement Documents, the Demolition Guidelines of the City, the provisions of Section 2-10, Section 2-1 I, Section 6 and Section 7 of the Standard Specifications for Public Works Construction, 2003 Edition are hereby incorporated by this reference into the Agreement except as modified as noted below: Section 6 - 7.2 is modified to omit therefrom paragraph 3 and paragraph 5: Section 7-3 is modified to omit paragraphs 1.2 and 3 therefrom (But see: Article IV of the Agreement) For the purpose of this Supplement Section 9, the words used in the Standard Specification for Public Works Construction, 2003 Edition shall have the following meaning: "Board" refers to the governing body of the AGENCY; and "Engineer" refers to the City Engineer, and/or authorized agent of the AGENCY. All other terms used in the Standard Specifications for Public Works Construction, 2003 Edition shall have the same meaning as set forth in the Agreement and this Supplement //// //!I ill 5 THIS SUPPLEMENT is hereby annexed to the Agreement and is part thereof. The Agreement shall take effect upon execution by the authorized officers of the parties whose signatures appear below. Date: Date: APPROVED AS TO FORM: By: Agency Counsel CONTRACTOR AON, Inc. By: By: AGENCY Redevelopment Agency of the City of San Bernardino By: Executive Director 6 APPENDIX "I" REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (Asbestos Abatement and Demolition of745 West 5th Street, San Bernardino, California APN: 0134-093-05 and 06) WORKER ACKNOWLEDGMENT FORM ASBESTOS ABATEMENT TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DATE: I am employed by , in conjunction with the abatement, removal and disposal of asbestos and the performance of other demolition work in contaminated or potentially contaminated work area(s) consisting of 745 West 5th Street, San Bernardino, California (APN: 0134-093-05 and 06) owned by the Redevelopment Agency of the City of San and I hereby agree, acknowledge, warrant, represent and covenant, to the Redevelopment Agency and the City of San Bernardino as follows: (a) I acknowledge and understand that I have been or will be employed in connection with the removal of, disposal of, or other work in asbestos contaminated work areas in and around 745 West 5th Street, San Bernardino, California (APN: 0134-093-05 and 06) owned by the Redevelopment Agency and I acknowledge that I have been advised of and I understand the dangers inherent in handling asbestos and breathing asbestos dust, induding but not limited to, THE FACT THAT ASBESTOS CAN CAUSE ASBESTOSIS AND IS A KNOWN CARCINOGEN AND CAN, THEREFORE, CAUSE VARIOUS TYPES OF CANCER. (b) I acknowledge and understand that ANY CONTACT WITH ASBESTOS, WHETHER IT CAN BE SEEN OR NOT, MAY CAUSE ASBESTOSIS AND VARIOUS FORMS OF CANCER, WHICH MAY NOT SHOW UP FOR MANY YEARS, and I covenant and agree faithfully to take all precautions required of me. (c) I hereby warrant and represent that I have not been disabled, laid-off, or compensated in damages or otherwise, because of the disease of asbestosis or any other cancer disease. (d) I am aware of my legal right to request a powered air purifYing respirator (PAPR) from my employer at any time while I am performing any asbestos related work. (e) I represent that I can read the English language, or that I have had someone fluent in English and in my primary language read this instrument to me, and that I understand the meaning of all the provisions contained herein. NAME (please print): SIGNA TURE: SOCIAL SECURITY NUMBER: 7 AON, Inc. BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisIons of Section 4100-4110 of California Public Contract Code of the State of California. and any amendmems thereof. each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name & Address Under Which Licensed Agency & No. of MBEIWBE CERT. (If Applicable) Sub-Contractor's Phone-No. Sub-Contract Amount Work to Be Performed I. $ 2. $ 3. $ 4. $ 5. $ 6. $ IF ADDITIONAL SPACE IS'REQUIRED, PLEASE DUPLICATE TillS SHEET DO NOT WRITE ON THE BACK CERTIFICA llON OF BIDDER REGARDING EQUAL EMPLOYMENr OPPORTIJNITY INSTRUCTIONS This certification is required pursuant to EXecutive Order 11246 ( 30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has (they have) participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has (they have) filed all compliance reports due under applicable instructions. Where the certification indicateS that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submiUed. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: I. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. YES 0 NO 0 ( If answer is YES, identify the most recent contract. ) 2. Compliance reports were required to be filed in connection with such contract or subcontract. YES 0 NO 0 ( If answer is YES. identify the most recent contract. ) 3. Bidder has filed all compliance reports due under applicable instructions, including SF-IOO. YES 0 NO 0 NONE REQUIRED 0 4. If answer to item 3 is "NO", please explain in detail, using the reverse side of this certification if necessary. CERTIFICATION - The information above is true and complete to the best of my knowledge and belief. Nun: arrlTitle of Sgm- (Please T)f.O) Sgmture OIte \ , REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (Asbestos Abatement and Demolition of 745 West 5th Street, San Bernardino, California APN: 0134-093-05 and 06) NON - COLLUSION AFFIDAVIT The undersigned in submitting a bid for performing work by contract, being duly sworn, deposes and says: That he or she is of the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shame bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SIGNATURE OF BIDDER: PRINTED NAME AND TITLE: FIRM NAME: DATED: WORKMEN'S COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with proyisions of that code, and I will comply with such provisions before co~encing the performance of the work ofthis contract. Contractor: NAME OF FIRM: BY: TITLE: DATE: GENERAL SPECIFICA nONS AGREEMENT INCLUSIONS 1. Contractor to begin work upon notification from the Agency and continue work through completion without delays. 2. Contractor to arrange for his own inspections and have a man from his company meet the inspector on the jobsite to insure inspection approval at completion of each phase. Inspection shall be made immediately upon completion of each phase and any corrections followed up within one (I) day of original inspection. 3. Contractor shall order all his materials immediately upon execution of his contract. 4. Contractor to perform his own trenching, backfilling and compaction of all required trenches. 5. Contractor shall contact and coordinate all utility companies that have jurisdiction over his work to facilitate a smooth operation for his job. 6. Contractor shall clean up his work immediately upon completion of each phase and remove excess material from the site or pay the Agency for the same. 7. Contractor shall perform his work in strict accordance with the Owner's construction progress schedule. 8. Time is of the essence. 9. The Agency will not be responsible for any verbal agreements or delays beyond our control. The Agency will not be held responsible for delays due to unforeseen weather conditions. CHANGE ORDER PROCEDURE There will be occasions whereby the Agency will require additions or deletions to the work. The policy for processing such change orders will be as follows: 1. Upon receipt of the information, the Contractor must submit a change order proposal in writing within three (3) days of the notifications. 1 Said proposal shall be an itemized cost breakdown with reference to the specific project. , ~. Upon approval of the change order proposal, the Agency will issue a written change order to the Contractor. 4. No payments will be made for extra work performed without a written change order. 5. Change order billings will be paid separately from the contract progress billing. (All change orders must have their own invoice and release.)