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HomeMy WebLinkAboutCDC/2006-13 1 1 RESOLUTION NO. CDC/2006-1~ 2 3 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 4 5 6 7 8 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 9 10 11 12 Law; and 13 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 14 15 assemble and acquire real property for community redevelopment purposes in the Central City 16 17 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 18 19 20 without community redevelopment assistance; and WHEREAS, on October 31, 2005, the Agency acquired title to 745 West 5th Street 21 22 (APN: 0134-093-05 and 06) (the "Property") within the Central City North Redevelopment 23 Project Area; and 24 WHEREAS, on April 14, 2006, Agency Staff mailed out a Request for Proposal ("RFP") to five (5) 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 27 28 4812-9277-1072.1 1 P:\Agendas\Resolulions\Resolutionsl2006\OS-15-06 AON, Inc. Demolition Contract Reso.doc CDC/2006-13 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 4 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 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 bidding process several categories of activities, including demolitions; and 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 5 6 7 8 9 10 11 12 13 14 and Procedures; and 15 16 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. 17 18 19 20 21 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 22 23 Sectionl. 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. 4812-9277-1072.1 2 P:\Agendas\ResoIUlions\Resolutions\2006\OS-IS-06 AON.lnc_ Demolition Contract Reso.doc CDC/2006-13 1 Section 3. The Commission hereby authorizes the award to AON, Inc., as the lowest 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 7 8 Section 4. The Secretary of the Commission is authorized and directed to certify the 9 adoption of this Resolution. This Resolution shall taiOO(affdcfupon adoption. 10 /1/ /1/ //1 /1/ /1/ /1/ //1 //1 //1 /1/ /1/ /1/ /1/ //1 /1/ /1/ /1/ /1/ //1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4812-9217-1072.1 3 P:\Agrndas\Resolutions\Resolutions\2006\05-IS-06 AON, Inc. Demolition Contract Reso.doc eDC/2006-13 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 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the 8 Community Development Commission of the City of San Bernardino at a 9 ioint regular 10 following vote, to wit: 11 Commission Members: 12 ESTRADA 13 BAXTER 14 MCGINNIS 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 meeting thereof, held on 15th day of Ma)\ 2006 by the Abstain Absent Aves Navs X 1L- ~ .L-- *-- X 20 X !f - JiiJ~,. Secretary The foregoing resolution is hereby approved this I 'i{tnday of May ,2006. 21 22 23 24 . Morris, Cha rson ity Development ommission of the City of San Bernardino 25 26 Approved as to form and Legal Content: 27 A~ 28 By: 4812-9277-1072.1 4 P:\Agendas\Resolutions\Resolutions\2006\OS-IS-06 AON, Inc. Demolition Contract Reso.doc CDC/2006-13 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 15th 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 i. Workers' Compensation Insurance Certification J. General Specifications Agreement Inclusions k. Change Order Procedure I. Addenda Numbers as Issued Contractor shall comply with any and all provisions, terms and conditions set forth or contained in the Agreement Documents. I P:\Agendas\Agenda Attachmellts\Agrmls-Amend 2006\06-06.(l5 AON, 1m:: Demolition Agreement. 745 West Slh Slreet.doc ... CDC/2006-13 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\Agenda Allachments\Agrmts-Amend 2006\06.Q6.Q5 AON. Inc. Demolition Agreement - 745 West 51h Street,doc CDC/2006-13 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 V.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 V.S.C. Section 6901 et seQ., Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 V.S.C. Section 9601, et seQ., and the Hazardous Waste Control Law ("HWCL"), Health and Safety Code Section 25100, et seQ. 3 P:\Agendas\Agenda Atlachmenls\Agrmls-Amcnd 2006\06-06-05 AON, Inc. Demolition Agreement. 745 West 5th Street,doc CDC/2006-13 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. Assigmnent. In no event shall either party (CONTRACTOR or AGENCY) assign or transfer any portion 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 him/her 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. 4 P:lAgendas\Agenda AttaclimentslAgrmts-Amend 2006\06-06-05 AON, Inc. Demolition Agreement. 745 Wesl Sth Slreet.do<: CDC/2006-13 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 IIII IIII IIII IIII IIII IIII 5 P:\Agendas\Agenda Attachments\Agrmls-Amend 2006\()6..06..()S AON, Inc. Demolition Agreemem. 745 West 5th Slreet.doc ~- I CDC/2006-13 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. 642481 AGENCY Redevelopment Ag~enc; of the City of San Bernardino By: /. vi Maggie Pac co, Executive Director Date: Approved as to Form and Legal Content: ~ Agency Counsel 6 P:\Agendas\Agenda Auacllmems\AgrmlS-Amend 2006\06-06.05 AON, Inc. Demolition Agreement. 745 West 5th Street.doc ) /;/j;( IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CONTRACTOR AON, Inc. Bv: -,~ Date: 5 - "Z7 -() G Contractor's License No. 642481 AGENCY Redevelopment Agency of the City of San Bernardino By: Date: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: ~~ Agency Counsel 6 ~Attacfnneab\AgrAmend 2OO6',06-()6.(lS AON,Inc. D<<nofltlon Agrcemmt_74S West Sth~doc ., CDC/2006-13 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment. Community Development. Housing. Business: Recruitment, Retention, Revttalization. Main Stteet. 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 9240 I 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-eda.org. ~ CDC/2006-13 TECHNICAL SPECIFICATIONS 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. 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 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. 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. CDC/2006-13 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. MBEIWBE/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. CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 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.R.A protocol provisions of 40 CFR Part 763.86. The A.HER.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 AH.E.R.A inspection protocol. ASBESTOS INSPECTION BY: Timothy Morrison, DOSH #02-3142 BULK SAMPLES ANALYZED BY: Carolina Environmental, Inc., NVLAP #101768-0 (1) CDC/2006-13 P.O. Box 55329 Riversi\le, CA 92517 (909) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 The results on the following pagels) indicate that asbestos was detected in 03 of the 66 samples analyzed. PlM0411#6650 Samples #SE..o1 thru #SE-06 _re taken from unit #1. Sample #SE-01 Type of material: acoustic ceiling location: interior ceiling of livingroom, bedroom Area: approx. 350 total sq. fl. throughout unit Friable:yes Results: none detected Friable:yes Type of material: acoustic ceiling location: interior ceiling of bedroom Area: approx. 350 total sq. fl. throughout unit Results: none ~etected 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 (1rst layer) location: floor of southeast water heater room Area: approx. 25 sq. ft. Results: none detected Sample #SE-05 Sample #SE-06 Type of material: floor tile mastic- brown (2nd layer) location: under sample #SE-05 Area: approx. 25 sq. ft. Results: none detected Friable: no Samples #SE..o7 thru #SE-09 _re taken from unit #2. Sample #SE-07 Type of material: 9" floor tile- brown (1rst layer) 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 Riverside, CA 92517 (909) 624-1665 CDC/2006-13 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 livingroom, bedroom unit #2 Area: approx. 350 total sq. ft. throughout unit Results: none detected Sample #SE-09 Samples #SE-10 thru #SE-13 were taken from unit #3. Sample #SE-10 Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom unit #3 Area: approx. 350 total sq. ft. throughout unit F riable:yes Results: none detected Type of material: 12" floor tile (1 rst layer) Location: floor of kitchen Area: approx. 115 sq. ft. Results: none detected Sample#SE-11 Friable: no Friable:no Type of material: floor tile mastic (2nd layer) Location: under sample #SE-11 Area: approx. 115 sq. ft. Results: none detected Sample #SE-12 Friable:no Type of material: paper backing (3rd layer) Location: under sample #SE-12 in kitchen Area: approx. 115 sq. ft. Results: none detected Sample #SE-13 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 #S. Sample #SE-16 Type of material: texture coat (1 rst layer) Location: interior north wall of north livingroom Area: throughout interior walls of unit #5 Friable:no Results: none detected (3) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 624-1665 SCOTT MORRISON & ASSOCIATES 31855 Date Palm Drive, Ste. #3-507 Cathedral City, CA 92234 (760) 323-7743 PLM0411#6650 Sample #SE-17 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 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of livingroom, bedroom Area: approx. 350 total sq. ft. throughout unit #5 Results: none detected Sample #SE-18 Sample #SE-19 was taken from unit #6. Sample #SE-19 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, Iivingroom Area: approx. 350 total sq. ft. throughout unit #6 Results: none detected Samples #SE-20 thru #SE-22 were taken from unit 'In. Sample #SE-20 Type of material: texture coat (1rst layer) 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 Iivingroom Area: throughout interior walls of unit #7 Results: none detected Sample #SE-21 Sample #SE-22 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of Iivingroom, bedroom Area: approx. 350 total sq. ft. throughout unit #7 Results: none detected Samples #SE23 thru #SE28 were taken from unit #8. Sample #SE-23 Type of material: texture coat (1rst layer) Location: interior west wall of north Iivingroom Area: throughout interior walls of unit #8. Friable:no Results: none detected Friable:no Type of material: wall plaster (2nd layer) Location: behind sample #SE-23 in livingroom Area: throughout interior walls of unit #8 Results: none detected Sample #SE-24 (4) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 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 Friable:no Type of material: floor tile mastic-yllw/brown (2nd layer) Location: under sample #SE-26 Area: approx. 120 total sq. ft. Results: none detected Sample #SE-27 Friable:no Type of material: f1ooring- 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 _re 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 Sample #SE-30 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, livingroom Area: approx. 350 total sq. ft. Results: none detected Sample #SE-31 Samples #SE-32 thru #SE-34 _re taken from unit #11. Sample #SE-32 Type of material: texture coat (1 rst layer) Location: interior east wall of livingroom Area: throughout interior walls of unit #11 Friable: no Results: none detected (5) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 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 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of living room Area: approx. 350 total sq. ft. throughout unit #11 Results: none detected Sample #SE-34 Samples #SE-35 thru #SE-37 _re taken from unit #12. Sample #SE-35 Type of material: texture coat (1rst layer) Location: interior north wall of living room Area: throughout interior walls of unit #12 Friable:no Results: none detected Friable:no Type of material: wall plaster (2nd layer) Location: behind sample #SE-35 Area: throughout interior walls of unit Results: none detected Sample #SE-36 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of livingroom, 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 Iivingroom Area: approx. 350 total sq. ft. throughout unit #13 Results: none detected Sample #SE-39 was taken from unit #14. Sample #SE-39 Friable:yes Type of material: acoustic ceiling Location: interior ceiling of bedroom, Iivingroom 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) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517. (909) 624- I 665 SCOTT MORRISON & ASSOCIATES 3 I 855 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 Sample #SE-42 Type of material: 12" floor tile- tan (1rst layer) Location: floor of kitchen in unit #16 Area: approx. 110 sq. ft. Results: none detected Friable: no Sample #SE-43 Type of material: floor tile mastic (2nd layer) Location: under sample #SE-42 Area: approx. 110 sq. ft. Results: none detected Friable: no Sample #SE-44 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"10 Chrysotile asbestos Type of material: floor tile mastic (4th layer) Location: under sample #SE-44 Area: approx. 110 sq. ft. Results: none detected Friable: no Sample #SE-45 Friable:no 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 Sample #SE-47 Type of material: rolled vinyl f1oor- grey Location: floor of southwest bedroom Area: approx. 90 sq. ft. Results: none detected Friable:no Sample #SE-48 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 Friable:no (7) P.O. Box 55329 Riverside, CA 92517 (909) 624-1665 CDC/2006-13 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 Friable:no Type of material: stucco- mauve/green (1rst layer) Location: exterior east wall of unit #17 Area: throughout exterior walls of units #1-17 Results: none detected Sample #SE-50 Friable:no Type of material: exterior plaster- grey (2nd layer) Location: behind sample #SE-50 Area: throughout exterior walls of units #1-17 Results: none detected Sample #SE-51 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- greylblack (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 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-56 Friable: no Type of material: roof felt- black (6th layer) Location: under sample #SE-56 Area: throughout exterior roof above unit Results: none detected Sample #SE-57 (8) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 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 (irst layer) Location: exterior roof above unit #8 Area: throughout exterior roof above unit Friable:no Results: none detected Friable:no 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 Sample #SE-59 Sample #SE-60 Type of material: roofing- black (3rd layer) Location: under sample #SE-59 Area: throughout exterior roof above unit Results: none detected Friable:no Friable: no Type of material: roof felt (4th layer) Location: under sample #SE-60 Area: throughout exterior roof above unit Results: none detected Sample #SE-6i 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 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 Friable:no Type of material: roofing (irst layer) Location: exterior roof above garage Area: throughout exterior roof above garage Results: none detected Sample #SE-64 Friable:no Type of material: roofing- red (2nd layer) Location: under sample #SE-64 on roof of garage Area: throughout exterior roof above garage Results: 10",4 Chrysotile asbestos Sample #SE-65 (9) CDC/2006-13 P.O. Box 55329 Riverside, CA 92517 (909) 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 renovation of the property. Inspector I#C/t Scott C. Morrison Certified Asbestos Consultant DOSH#92-0248 (10) llI.,tC ~NC2I5l1 -1413 Roc(9191481-1442 CDC/2006-13 LABORATORY REPORT ASBESTOS BULK ANALYSIS Client: Scott Morrison & Associates CEI Lab Code: A06-2636 31855 Date Palm Dr. Suite 3-507 Received: 04-14-06 Cathedral City, CA 92234 Analyzed: 04-17-06 Reported: 04-17-06 Project: PLM0411 #6650 Analyst: Glgi Thomas The followIng definItions apply to the abbreviations used in the ASBESTOS BUlK ANALYSIS REPORT: CHRY = Chrysotile AMOS = Amosite CROC = Crocidolite TREM = Tremollte ANTH = Anthophyllite ACTN = Actinolite N D = None Detected NANTH = Non-Asbestiform Anthophyllite CEll = Cellulose FOOL = Rbrous Glass ORGN = Organics SYNT = Synthetics WOll = Wollastonite CERWl = Ceramic Wool NTREM = Non-Asbestiform Tremolite DEBR = Debris BIND = Binder 'Sill = Silicates GRAV = Gravel MAST = Mastic PLAS = Plaster PERL = Perlite RUBR =Rubber Stereoscopic microscopy and polarized light microscopy coupled with dispersion staining is the analylical technique used lor sample identification. The percentage of each component is visually estimated by volume. These results pertain only to the samples analyzed. 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 retum 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" (NO) 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 floor 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 1600 1 M4-82 f 020 for the analysis of asbestos in building materials. PrOcedures described in EPA f 600 1 R-93 1 116 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 fuli. Dust and soli analyses for asbestos using PLM are not covered under NVLAP accreditation. ANALYST REVIEWED BY 87'~ Gigi Thomas ~&.: Tlanbao Bai, Ph.D. Laboratory Director Page 1 CDC/2006-13 CNlOI.NIENlIRHIENTAI., rc:. 100NElwF:lllanOlul, ~ NC 21Stl PI1ae: 919481-1413 Fax:: 919481.1442 Project: PLM0411 #6650 lab Code: A06-2636 SE-01 A463906 ACOUSTIC SPRAY CEILING NO Homogeneous, Tan, Non-fibrous, loosely Bound PAINT 10% cal <1% BIND 85% FOAM 5% SE-02 A463907 ACOUSTIC SPRAY CEILING NO Homogeneous, Off-white, Non-fibrous, loosely Bound PAINT 5% cal <1% BIND 90% FOAM 5% SE-03 A463908 TEXTURE NO Heterogeneous, Off-white, Non-fibrous, Bound PAINT 5% cal <1% BIND 95% SE-04 A463909 Heterogeneous, PlASTER Grey, Non-fibrous, Bound PLAS 100% NO CEll <1% SE-05 A463910 Homogeneous, FLOOR TILE Grey, Non-fibrous, Bound VINYL 100% NO CEll <:1% SE-06 A463911 Homogeneous, MASTIC Brown, Fibrous, Bound MAST NO 98% CEll 2% SE-07 A463912 Homogeneous, FLOOR TILE Brown, Fibrous, Bound BIND NO 70% CEll 30% Page 2 CDC/2006-13 CIlfIOI..ftABMDIENrAL, H:. 1G7NewEcllonClul, ClIy, tI: 2lSl1 Phcm: 919481-1413 Fac: 919481-1442 Project: PLM0411 #6650 lab Code: A06-2636 SE-08 A463913 Heterogeneous, PAPER BACKING & MASTIC Black, Brown, Fibrous, Bound MAST 5 % TAR 65% ND CEll 30% SE-09 A463914 ACOUSTIC SPRAY CEILING ND Homogeneous, Tan, Brown, Non-fibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-1Q A463915 ACOUSTIC SPRAY CEILING ND Homogeneous, Tan, Non-fibrous, Loosely Bound PAINT 5% CEll <1% BIND 90% FOAM 5% SE-11 A463916 FLOOR TilE ND Homogeneous, Beige, Non-fibrous, Bound VINYL 100% SE-12 A463917 Homogeneous, MASTIC Yellow, Non-fibrous, Bound MAST 100% ND CEll <1% SE-13 A463918 Homogeneous, BACKING MATERIAL Black, Rbrous, Bound TAR ND 75% CEll 25% SE-14 A463919 Heterogeneous, DRYW ALUJOINT COMPOUND Pink, Off-white, Fibrous, Loosely Bound BIND 3 % CEll GYPSUM 92 % ND 5% Page 3 CDC/2006-13 ~EN\IRHIENTAl.N:. 107IDvEdlanCout, ~ tc 21511 A1cre: 91948t-1413 Fax:: 91948t-1442 ProJect: PLM0411 #6650 Lab Code: A06-2636 SE-15 A463920 ACOUSTIC SPRAY CEILING NO Heterogeneous, Off-whne, Non-fibrous, Loosely Bound BIND 3% CEll <1% GYPSUM 94% FOAM 3% SE-16 A463921 TEXTURE NO Homogeneous, Off-white, Non-fibrous, Bound PAIHr 98% Cell <1% BIND 2% 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, Whne, Non-fibrous, Loosely Bound PAINT 90% CEll <1% BIND 10% SE-21 A463926 Heterogeneous, PLASTER Grey, Non-fibrous, Bound PlAS 100% NO CELL <1% Page 4 CDC/2006-13 c:MlClI.HoEH\lllCHlENl'AL,N:. 107NowEcllanCtut, a.y, NC 2/511 I'Itre: 919481-1413 Fax:: 919481-1442 Project: PLM0411#6650 Lab Code: A06-2636 SE-22 A463927 ACOUSTIC SPRAY CEILING ND Heterogeneous, Off-white. Non-fibrous, Loosely Bound PAINT 10% CELL 2% BIND 85% FOAM 3% SE-23 A463928 TEXTURE ND Heterogeneous, Ofl-white, Non-fibrous, Loosely Bound PAINT 5% CELL 2% BIND 93% SE-24 A463929 Heterogeneous, PLASTER Grey, Non-fibrous. Bound PLAS 100% ND CELL <1 % SE-25 A463930 Heterogeneous, ACOUSTIC SPRAY CEILING Off-white, Non-fibrous, Loosely Bound PAINT 5 % CELL BIND 90 % FOAM 5 % ND <1% SE-26 A463931 Homogeneous, FLOOR TILE Tan, Non-fibrous,Bound VINYL 100% ND SE-27 A463932 Homogeneous, MASTIC Yellow, Non-fibrous, Bound MAST 100% ND CELL <10/0 SE-28 A463933 Heterogeneous, FLOOR TILE White, Non-fibrous, Bound VINYL 100% ND CELL <1% Page 5 CDC/2006-13 CAIlOI.H.BM .cIIEtJl'Al.1NC. 101Nllw 1!cllbl00url, c.y, N:: 21S11 Ph:nt 919-481-1413 Fat; 919-481-1442 Project: PLM0411 #6650 Lab Code: A06-2636 SE-29 A463934 Heterogeneous, TEXTURE Off.whlte, 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, Off.white, Non-fibrous, Bound PAINT 10% CELL <1% BIND 85% FOAM 5% SE-35 A463940 TEXTURE NO Heterogeneous, Off.white, Non-fibrous, Bound PAINT 10% CELL <1% BIND 90% Page 6 CDC/2006-13 ~BMDIENTAI..,IC. 101NowEcllanClut, ~ NC 21511 Rue: 919481-1413 Fee: 919481-1442 Project: PLM0411tI6650 Lab Code: A06-2636 SE-36 A463941 Heterogeneous, PlASTER Grey, Non-fibrous, Bound PlAS 100% NO CEll <1% SE-37 A463942 ACOUSTIC SPRAY CEILING NO Heterogeneous, Whne, 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% cal <1% BIND 90% FOAM 5% SE-39 A463944 ACOUSTIC SPRAY CEILING NO Heterogeneous. White, Non-fibrous, Loosely Bound PAINT 5% Cal <1% BIND 90% FOAM 5% SE-40 A463945 ACOUSTIC SPRAY CEILING NO Heterogeneous, Off-white, Non-fibrous, Loosely Bound PAINT 5% Cal <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% Cal <1% Page 7 CDC/2006-13 CAROI.ItABMIHIEHI'AL.K:. lOTNiWEcalnClul, c.y, NC215I1 A1a1e: 91~-1413 Fat: 91~.1442 Project: PLM0411#6650 Lab Code: A06-2636 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, Wh~e, 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 CDC/2006-13 CMlll..N'EN...A IIEN1'Al.,N:. 107NIIW &llan0Qult, o.y, II: 21511 Rme: ~.1413 Fa>c: 919481-1442 Project: PLM0411116650 Lab Code: A06-2636 A463954B Heterogeneous, PLASTER BASE COAT Grey, Non-fibrous, Bound PLAS 100% ND cal <1% SE-50 A463955 Heterogeneous, STUCCO Green, Non-fibrous, Bound PLAS 95 % PAINT 5 % ND SE-51 A463956 Heterogeneous, PLASTER Grey, Non-fibrous, Bound PLAS 100% ND CELL <1% SE-52 A463957 STUCCO ND Heterogeneous, Green, Non-fibrous, Bound PLAS 97% CEll <1% PAINT 3% SE-53 A463958 PLASTER ND Heterogeneous, Grey, Non-fibrous, Bound PLAS 100% SE-54 A463959 Homogeneous, ROL~D ROOFING Grey, Black, Fibrous, Bound TAR 75% ND CEll 25% SE-55 A463960 Heterogeneous, ROil FD ROOFING Brown, Fibrous, Bound TAR GRAV ND 60% 5% CELL 35% Page 9 CDC/2006-13 CAFICllNl.EN\IRHIBlTAI..,IC 101NewI:dllanClut, ~ NC 21St1 Rue: 919481-1413 Fax:: 919481-1442 Project: PLM0411 #6650 lab Code: A06-2636 SE-56 A463961 Heterogeneous, ROLLED ROOFING Brown, Fibrous, Bound TAR GRAV NO 60% 5% CEll 35% SE-57 A463962 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR NO 65% FBGl 35% SE-58 A463963 ROLLED ROOFING NO Heterogeneous, Grey, Fibrous, Bound TAR 60% CEll 35% GRAV 5% SE-59 A463964 FELT PAPER NO Homogeneous, Black, Fibrous, Bound TAR 65% CEll 35% SE-60 A463965 Homogeneous, ROOFING Black, Fibrous, Bound TAR GRAV NO 67% 3% CELL 30% SE-61 A463966 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR NO 70% CEll 30% SE-62 A463967 Heterogeneous, PENETRATION MASTIC Black, Grey, Fibrous, Loosely Bound CHRY 100/. TAR 90 % CEll CHRY 10% <1% Page 10 CDC/2006-13 CARllI.ItAEH/IlOIIENl'AI.,H:. 1CJ7N1lw EcIIonCcul, ~ Ie 27511 A1a1e: 919-481-1413 Fax:: 919-481-1442 Project: PLM0411#6650 Lab Code: A06-2636 SE-63 A463968 WALL PLASTER NO Heterogeneous, Grey, Tan, Fibrous, Bound PAINT 5% CELL <1% PLAS 95% SE-64 A463969 ROOFING NO Homogeneous, Black, Fibrous, Bound TAR 70% CELL 30% SE-65 A463970 Heterogeneous, ROOFING Red, Fibrous, Bound CHRY 10% TAR CHRY 10% 70% CELL 20% SE-66 A463971 Homogeneous, FELT PAPER Black, Fibrous, Bound TAR NO 70% CELL 30% Page 11 -. III ~ ~ '" ,~:i j ...:'" loll '-3 'if .... .0( :~"i;; v "" ; CO 'T l~ tl'l~... ~ J~ tli1~. . r-....... Jli1 ......~ ."~~,, ...-....... , It io-< .. .~.:.' v'" v ~!Z ~ .! ~ co ~ i t;t5J lSlla =0 i !~ t;. I !lot ., i ! iC\ . a ~ ~t I (:. - g ~ .. = Do< ;,; z ~ ~ ~ 1;1.) () j I- o i 9ZO-j LI/!l.d zez-! ~ ~ ~ ~ l\: ~ ~ N -..I. ,b d ~ ~ o ........ .~ ....., ,\" .B' ~ \b tl '-l Iv Q <td 1 ! .. ~ ~ . 1 ~ ... 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V IOl I" ... ..U ~ .1!a~5 .1~:t:8 Jio1 u':'~ .;lz'3~ :O;Z -,......-< .. ~ t'~.. c:!s~e~ ;; '"' , ... ~ -! i .< l:< <Ill a .aa;j~ I il.r~ =. i !~ac B ! ';l ~ ., 1. ~ ~ ~ ~A : ~ ~ i. \~ i - ': ~ .. 5 ~ ~ I .. ! .. .1:l: Ii/) ~ ~ <l 1 a~ ~ ~ Ill. CDC/2006-13 l1l. W ~ 1 ~ \ j ) ~ ~ ~ R S" \II C ~ .. .., ~ 0\ i ~ oa il ,~ 0 i '! r:iI 11 t u ~ .f! Ii/) N ~ t ~ <Ill l ~ J Q !1l t. B ! ta .... .., I < <Ill i 1 :; 1 ~ c i:ll U 'i ; i : I ~ ~ III ::l ~ ~ \ , ...... I '* ,- i. 1 ~ ~ S20-. 11/9t'd 292-1 ~ ~~ <3 2t'l t9H 'V1N3nNO~I^N3 VNI'oaV~-WOJ. W8et:10 90-il-JdV __:9 <VI ~ e ~ .i ~ 'it: ti 1= <;' . .Ua ~ .& .... ~ ~lflS! ~~"''i'i ",~iu ~ ~ t:~j 3 ~ ~ e~ :0 r- u = - . -a i -< ~ d6 a :~~Q '@il _~ o~:ia i2i~ ii ! \l .... . 'r ~.~" J ~i\!J ~ T- ~I ~t.-l, ab =:\ 1~\_f4~,.~ I&. ~ ~ .. EI tL it'll ~ ~ ~ ~ .oQ1~ ""' ~ lL J. tL ~ t ~..~ & 't ;; 1 ~tL( -...l~!.)ci rIl ~ ~~%~q~~~"~ . :: ~ ,.:j O!- .~ ;::. c::; "i cY ~ ~_..: ... ! ~ .$I ..!... I ~ ~ f"\-o.."'()-"~""~~~ .' \.f ~ ~ ~...s> I ~ I I I -l \ I I I ~ ~\.U\lJ I ~~~~~CA~~V\CI\ l....~,,~.....~~ ~ "" ~ '" ~ ~ '-3-.s ~\:)~ mll8t+ 1VJ.BlNO~IAN3 vNI1om-WOJ. ... ~~ :liI - ~ 3- '" !~ d~ \l.. ~ i;l ~ <I) ~ ~ 0 ,& ~ U ~ 920-. ll/lld 282-1 1 j ! f. ~ CDC/2006-13 ~ ~ ~ J I~ \ " .I ~ ~ -; ... ~ t:: . ~ .., -- s t;.. ~ ~ Ii ~ 'i B .~ U 8 ~ i :I a ~ ; :i rtI o 41) ,- _::e ~- .. :: i- t i i ! ~ B & ~ ", l2 .... ... ! ,\ L....l . : -< dll '" . 1 J ::: . . fl . ~ I ! - ~ -- II :>< . )\/~. .... t; i 1 oS i ! ~ : W8E~:IO 90-ll-JdV . CQlUtruction Demolition Land Cleming Slag Paving Grading CDC/2006-13 AON, INe. P.O. Box 302 Bloomington, CA 92316 Phone (909) 350-8681 Fax (909) 350-8443 LiC# 642481 Transportation Flat Beds Low Beds End Dumps Used Equipment April 28, 2006 City of San Bernardino Economic Development Agency 20 I North E. Street, Suite 301 San Bernardino, CA 92401 Attn: Mike Trout Re: 745 West 5th Street, San Bernardino, CA 92410 We will provide all machine time, labor, transportation and dump fees for the following: 1. 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 ( 1 for entire site) Total $ 41,800.00 Exclusions: 1. Sub surface conditions 2. Hazardous materials 3. One structure, block wall and driveway to remain mN~ ~MORR1S ACCEPTABLE 1\1\/('> I ~ \1':J 01 :01'-''' 87 Ii.',' rn t. GV{ CDC/2006-13 ) I. 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. ~dte 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. S. 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 $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. ~~ 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. CDC/2006-13 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. aw/JLu 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." II. 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 I , ;: CDC/2006-13 , SIaIo 01 Calilc..... . n_ c:oNTRAcroRssrATE UCBIlIE IIOARD ~=.:: ACTIVE lICENSE ---- - --- 642481 .... CORP '--- __AONINC , - ABC21 . ............ 04I3lv.!008 (7 I , /- , \ I I CDC/2006-13 STATE COMPENSATION INSURANCE FUND POLICYIIlLDER alPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-05-2006 CITY DF SAN BERNADINO ECONDMICS REDEVELDPMENT AGENCY 201 N E STREET STE 301 SAN BERNADINO CA 92401 Sol GROUP: POLICY NUMBER: 1329567 -2006 CERTIFICATE 10: 93 CERTIFICATE EXPIRES:. 03-05-2007 03-05-2006/03~05-2007 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insur.,ce 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 advance 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.- Notwiths....din9 any requirement term or condition 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 bV the policy described herein is sUbject to all the terms. exclusions. m conditions. of such policy. 6:::R~ ) EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: ~ PRESIDENT $1,000.000 PER OCCURRENCE. ENDORSEMENT #1600 - .11M MORRIS, PRES,SEC,TRES - EXCLUDED. EIIlORSEMENT #1600 - ADAM DADDS; VP - EXCLUDED. - ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-05-1899 IS ATTAaiED TO AND FOAMS A PART DF THIS POLlCY. EMPLOYER ADN, INC PO BOX 302 BLOOMINGTON CA 92316 Sol PRINTED 02-18-200& Sol M0410 n"";~"""'~"._'" ._. .._.._..__u CDC/2006-13 A~ORD. CERTIFICATE OF UABIUTY INSURANCE ~q _ _ TII8 """.onC-'TE" _ AI A -.TTER Of 1IFOIlIIA1lON 'PlIOI\C Ridge IIlllUIlIIlCe Markeling 888 717-6300 -.v _ cCllr_ Ill) ~ UPOIl TIlE ..sl1l..cATE 365W111is .~~ IIClUII!Il TII8 '.CI,,~TE -- !lOT -. EXTEIlD OR n_._ ALTER TIll! __ __ BY 11lE PCIlICIEI8 BELOW, camarillo, CA 93010 UcenseIlOO58584 ____COIIE- 1lAIC. -- ........" _a -" ........<> ........e AON INC. 15358 VALlEY BLVD. FONTANA. CA 92335 ntE POUCI!8 Of ..~ LBt1!D"'''' ........10 1tI!.........-- FOR..... POLIC'Y.....:DJC*:'ATED. Nl),_in:<<1lNDIIB III( __ -If. ..... OR ...--.-M CI' 11ft CCJH'IIW:I' 011 cmI!R DOCLII!NI' WIH ...-.c1' TO.-:H 1HS w::n..--'" rMY . BSUED OR AMY PBn'Mt 1HE ~ AfIfOIIa!D8f 'III! PCUCI!II VAl" ...1. tetDI.1&&II!C'T TOM!. tIE..... ~ .-- MD u.-,..1IURao Of SUCH _ _1l!.....----..............-......~ ~ __ '1_* A X r........ a..P6284991 6/fJl12OO5 6107120061 aot"""r: · 1.lIOll.lIOll "" COIM!RCW._..-nv - · 5OlIOll r-P"'""'''''''' OOOCClR IEOElCPI"'__ · 5,lIOll fl'ERSll:NL1.N:N1UR'f . , , __lE . 1. ~_lE""'~~ PRODUCTS. CO/!iPKF AGO . 1,000,000 POlJCI'I I~ LOC S500 BUPD Oed B X ~........ BAP148851 9/1612005 911612006 ~9tIGlELMT . 750,lIOll 1-""""'" "''''''1 ~ AU. OMEDAUroS W,,!!'f'" . t{ SQEDll.ED AUroS HlEDAUroS IlOCI.YIlSRV _AUroS ,........ . f-C ..........,- . ...- =r..-m AUroON..Y.EAACClBfT . """"'" OTtER""" EAACe . i NJTOON.Y: "'" . . -J7Il1o..-,n aotOOC1.AllEl<CE . ::JOCCLR a.AMSMAllE AGGREOAlE . rl DEDUClIlLE . . . ~ . --- --........ Ifttnw..--t~_ .tm1&lEl13;''lM EL. EACH N:CI)ENT . urn-- -""""""" E1..DSEASE.EA . . - ELDSEASE.POUCYLMT Is .",... t_ 1_01 u. ,....,L.OCMIDMI,...,IIQ.~JiW.-__.,.1H -lTI..ecw........ tlllOTlCl! FOR CNlCEI LATIOIl CI!Il11fICATE IlOlIIEIt . ___ _lIED III REBrECTS TOGEIlEllAL LWIRlTY _AUTO LWIRlTY TNo palIcysdljoctloll_ &_.-'~_ & palIcy- of..-.lclng""". ThII....III14t7 -.- . ...."'-~ TE Cily of San 8emaIdino .....,., Of __ ...~...... _CMCEI.I.IDtEfOII!i ItElJlI"IAAlJON DME _. .... ____ -.J......... w..... .1D- DAYS ..nIIt 300 NORTH 0 STREET Ma1ICI! 10 ne _._ __ HDUlIR_1O 1M: U!PT."" MiJIlI ~ DO IG ItIIU SAN BERNARDINO, CA 92418 WOIl! _....... al.1JIIlIUIY 01 "" De ... t1E INIUAIR. ITI NJeRTS OR - JlNII, -- ~ ....- veiN L. CLWC CO\IIllMII ACORO Z5 (2DDI1lII) o ACORD CORPORATION t. CDC/2006-13 SUPPLEMENTAL ANNEX TO AGREEMENT (Asbestos Abatement and Demolition of 745 West 5th 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 5th Street, San Bernardino, California, APN: 0134- 093-05 and 06)" dated May _, 2006 ("Agreement") by and between AON, Inc. ("CONTRACTOR") and the Redevelopment Agency ofthe 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 6S01.8(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 Agreement; . "asbestos-related work" shall have the same meaning as set forth at Labor Code Section 6S01.8(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. 1 CDC/2006-13 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 off-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 enforced. Section 3. Notice of Environmental Hazard -- Asbestos. (a) The AGENCY has previously notified the CONTRACTOR that the Properties containing asbestos and asbestos-containing construction materials and that the abatement 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 ofthe Asbestos 2 CDC/2006-13 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. Plan. Section 4. Submission of Health and Safetv Asbestos Abatement and Demolition (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 "I". 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 USEP A 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 Work; (4) a description of environmental engineering and other work controls to be used in the performance of the Work; 3 L CDC/2006-13 (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 verifY 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 ofthe 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 final disposal. Section 6. Status of Subcontractors and Responsibility 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 CDC/2006-13 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 noticelmechanics lien against the AGENCY for the performance ofthe Work covered by the application for payment, including from subcontractors and suppliers. The application for final payment shall be accompanied by final stop noticelmechanics 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 of tie- 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 2-11, 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. IIII IIII 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. CONTRACTOR AON, Inc. Date: By: By: AGENCY Date: 'S ~/I'O" Redevelopment Agency of the City of San Bernardino B~ "N r"""- Executive Director APPROVED AS TO FORM: By: ~~ Agenc 0 sel 6 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. CONTRACfOR AON, Inc. Date: S-17 ~0 By: --i~ By: J;~ /---tOm j AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Executive Director APPROVED AS TO FORM: Sy: Agency Counsel 6 APPENDIX "I" 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) WORKER ACKNOWLEDGMENT FORM ASBESTOS ABATEMENT TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DATE: 5-22--1)(, I am employed by 4m d:nc _ , in conj\!llCtion 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 arid 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, including 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, laidcoff, or compensated in d~ages or otherwise, because of the disease of asbestosis or any other cancer diseas.e. (d) I am aware ormy legal right to request a powered air purifYing respirator (P APR) 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 themeaning of all the provisions contained herein. NAME (please print): ----Ptrn J jJ 0 SIGNA'T'T1RE: _ ~ ~ SOCIAL SECURfIY NUMBER: &4!L1f'6 ( rtc.# 7 \.. ",\ ., AON,.Inc. . . BIDDEIt'S FIRM NAME. . J}ESlGNATlON OF SUB-CONTRACTORS :In compliance.With tbe provisions of Section 4100-4110 of california Public Contract Code of the State of 'California; and ariy amenqmc;nts ihereQf. .each bidder sjiall set forth tl1e name and location of each-subcontractor wli,? wjll perf9ffil work or laboror render. service to the. Contractor: - ..'.. Name & Address Under Which .'Licensed Agei1cy & No. of ... MBF1WBE,CERT. (W,Applieable) . Sub-Contractor's Phone-No. Sub-ContraCt . Amount .Work to Be Performed ''''- -:': ~. $ .1. .' .. 2. ... $ ".' . . .3. $ 4, '"'!.. $ 5,. $ '. 6. $ c IF ADDmONAL SPACE IS REQUIRED, PLEASE.D~LICA TE TIDS SHEET DO NOT WRITE ON THE 'BACK - ...,. ~ .", '') . '; . ~ . . :~: . _ . i~ :.. _..... . :CElUIflCATION 'OF l3IDDERREGARDING ..EQUAL:EMfLQ~ OPPORl1Jl'mY. .~ . , - . . ~- ,.." _ 4:::: ~\ .-', _' .. :'.:' " ;::IN~,TROcrroNS>'. ~ . . . ..... :.,-;'~ . :. . ': ..:: ..:.- .... :.:;- . - . .. - ,,:; . . :. This .Certi~,4s 'reqt!i~.plilSUanf .10 EXecutive Order-- .U246 '( ]0 F.R. '.l2~19.2j ). : The Implemeotlng TUlcs and . ':'. :teglIIatlOll$;prondinlmt-any'-bidder'or prospective'eonllaclor, iJt any of their proposedsu!>conllactolS, shalhlate as aidnitial .' '.Part ofth,c,hid.Or 9..e~o!i;ttions ofdle, Wil~ ~etlter.-it has' (tJ,ey.hl1l!~) participated in any. previous Conlra~ or ,subcOnllact '..:, .siJbjcct~o ihC tquiirbppoi1llnity~l~use;lIIiil;ifso,wIiethedttiaS, (ihey:have) tiled all glmptlancereports dlie under applicable 'ill5.~!?~'",:;>", . " ' '., ..... ..... :... . .:..... . '" - -.... . .;':,} . .'. ....... ..' . , . . ~. ..j. ..-: _. -. :;..... . ... . . - '.' .: ":WiierC 'the ~rtirlCatl~li'iitaic3ieS:tIiaHlie bidder 1uislior'tIIe<1i\ Cl'lli1jilianee' t..;port'.'d\1e :tinder .apjllicable:lilStitllltiul\S;:such ", .'. ".' .bidder sh3t1. iie':~~iic;dIO ~ubmil a compliance:r;epb'1\Vithin 'se"''!'I:cil1en!1ar d~Ys-allei bittt]p6!Iing. '~o 'e~~tr:-i:f~1I be . ..' __,"'" ::awa~~d uol~ scicli ,report is submitted.' ." ..' . . .. , " .':' ....",... . .', CERTIF~CATION BYBIJ)DER 'p.i~.~er~f-Naw~: ,_. 4t ~ C- : ':Adl\ress,and ZipCQde:. .J.7i ~'5 C? .'~ f/t.r1./X!c>& . . . ".: '., ;PrJJ1/tU}~j . ~'9' ;P5d::;-' ..... '.,. .. .. I. ~idder has participated 'in aprevioils Contract or subcontract subject to the EqUal OpportUnity' Clause. . . . '.,~S 0 NO rKl (lfa.rlSIf.eris YES, identif:Y. the most recent contract,) . ,4: :C~mpli~q: cl?POfls were required to Ned in connection with such conltact or subcontract. c , ' .YES 0 NO ( If answer is YES. identify the most recent contract, ) . ..... .... "....-- 3;)ii<jderhas filed all cornpliane,ereports due under applicable instructions, including SF-loo. ',.' ,YES 0 NO 0 NONE REQUIRED[J ,'4/Ihuikerto item ji$ "NO", please elCplainin deta.il, using'thereverse side of this teitifieatiOlt ,~\ ir~."" . . ,,: ,CERTlFICA nON - The information above is true and complete to the best of my knowledge and belief. JL-. f-{f{)rf'" S 0Wr\e.4" Nure and TItle of ggrrr (Please T}p:J ..~ {i- 22 ~{)r" Dtte .~) ; ') REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (Asbes~os Abatement and Demolition of745 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 th~ bid is not !hade 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 thatanyorie shall refrain from bidding; that the bidder has not in any manner, direCtly or indirectly, sought by agreement, communication, or conference \Vith 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; thatall 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, organi:tation, bid depository, or to anymember or agent thereof to effectuate a collusive or shame bid. I certify (ar declare) under penalty of perjury under the laws of the State of . Califoinia that the foregoing is true and correct. SIGNATURE OF BIDDER- - ~A~ JI~ Horn', PRINTED NAME AND TITLE: FIRM NAME: ~ Xne.....- DATED: S - ? 7.. - 0(0 ......\ ./ ') . WO:RKMEN;S COMPENSATION INSURANcE . . . CERTIFICA.1JON ,. -. ~ '. . ....... )am;~war:ep.f the provisions.of .s~tiOi13700 Qfthe LaQ9rCoqe 'r~uiring every employer to be instiredagainst liability. fOf worker's . . . . .' - . . . . ".... '". ". ~. .... . . .' . '. ";:.:c6:~ns~,ti~[i:or :tound~e self~instJf~nce:iJ1,.ac.c.otdance.with' .' . . -.. . .- . -. ,.' ..... _','p~o!isions .ot; that code; an~I wiU~omply iWithsuch provisions ... ..;beforeqcopnnencing the peifQrrnance of'the w(}rk ofthiscpntract. <<.- . '." '.". ":-' Contractor: NAME OF FIRM: An I" <:"...; BY: --<..~~ ~. . TITLE: ~ DATE: s - 2-"2 -e)(o 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 (1) 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. 2. Said proposal shall be an itemized cost breakdown with reference to the specific project. 3. 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.)