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HomeMy WebLinkAbout06390 - INFOTOX INC WELWOOD ASBESTOS ABATEMENT SPECS AND MONITORING Kathie Hart From: Tabitha Richards Sent: Wednesday,April 15, 2015 4:34 PM To: Kathie Hart Cc: Marcus Fuller Subject: RE:A6390-Infotox (Asbesto Abatement Specs and Monitoring at Welwood Library) Yes, ok to close. Thank you, C.�r Tabitha Richards \ 760-323-8202 \y / From: Kathie Hart Sent: Wednesday, April 15, 2015 4:27 PM To: Tabitha Richards; Marcus Fuller Subject: A6390 - Infotox (Asbesto Abatement Specs and Monitoring at Welwood Library) Tabi: Just want to double check. May I close this agr file? Thx! R'Av-�c Kathie Hart, MMC Chief beputy City Clerk exttt'l {� 7` f1E1 CAWFnan�a J City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way  (760) 322-8332 Palm Springs,CA 92262 V< Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays. i AMENDMENT NO. 1 AGREEMENT NO. 6390 FOR ENVIRONMENTAL MANAGEMENT SERVICES THIS FIRST AMENDMENT ("First Amendment") to Agreement No. 6390 for Environmental Management services, (herein "Amendment") made and entered into on the 1st day of November, 2013, by and between the CITY OF PALM SPRINGS (herein "City") and Infotox, Inc., ("Consultant"), as follows: RECITALS A. City and Consultant entered into the Agreement on July 31, 2013 for Environmental Management Services described in a Proposal from the Consultant dated February 21, 2013 ("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the Agreement entitled "Consultant's Scope of Services/Work." B. The parties wish to amend the Agreement to add Environmental Management Services related to the Chevron Energy Systems project abatement of hazardous materials. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Add additional Environmental Management Services, including but limited to testing for the presence of hazardous materials as well as monitoring and related testing during the abatement of said hazardous materials in an amount not to exceed $12,000. Section 2. The term of said agreement is hereby extended until December 31, 2014. Section 3. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Page 2 Amendment No. 1 To Agreement No. 6390 IN WITNESS WHEREOF, the parties have executed and entered into the Amendment as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation, y. By: J ityO Clerk City Manager APPROVEP AS TO FORM: APPRO EV�BYCITYMANAGER nk4i �1�ooD°� Ab'.�j0 By: City Attorney CONSULTANT: By: Infotox, Inc. Name: Michael A. Nieuwlandt Title: President 2 CONSULTING SERVICES AGREEMENT CONSULTANT Environmental Management Services Welwood Murray Memorial Library Project THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made and entered into thisz 3 day of --r-b-r- y , 2013, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Infotox, Inc. ("Consultant'). RECITALS A. City requires professional environmental management services related to the Welwood Murray Hazardous Material Abatement. ("Project'). B. Consultant has submitted to City a proposal to provide Environmental Management Services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Environmental Management Services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit 'A," which total amount shall not exceed 10 405. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the percentage of work completed for authorized services performed. City shall pay Consultant for the percentage of work completed when compared with the lump sum of $10,405 for all of work identified in the scope of services/work shown in Exhibit A, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect until December 31, 2013, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Michael A. Nieuwlandt, President It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Consultant inst Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Michael Nieuwlandt Asbestos Consultant 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (individually "Indemnified Party"; collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to the negligence, recklessness, or willful misconduct of Consultant. Its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Infotox 9251 Orco Parkway, Suite J Riverside, California 92509 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Ill 111 [SIGNATURE PAGE SEPARATELY ATTACHED] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY„ City of Palm Springs Date: By: David H. Ready City Manag%PROVED BY CITY MANAGER APPROVED AS TO FORM: ATTEST By: By: "Douglas C. H hand, f mes Thompson, / I City Attorney City Clerk C "CONSULTANT" Consultant Date: -,20/,5 By ; 1Z?ALtf14-C.L (name) �7 (presrden Date: -37Lt ?►9 v -� C—,i_ to (name) (sec tary) 41 it0t To Exeeed VVithou; 7,- Fxpress Written Authoili o :l, o. Of The City Manabei EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICESMORK Scope of Services: Please see attached Proposal Dated 2/26/2013. Compensation: Not to exceed $10,405, see Proposal dated 2/26/2013 for breakdown of fees for services. Timeline: Consultant shall complete the preparation of bid specifications within two weeks of Notice to Proceed. Actual Over-site/Management services shall occur coordinated with the selected Abatement Contractor. _ Asbestos Managenicnt Services,Inspections, Assessments,Speciticatlons,Air Monitoring, A Cdifornia Corporation Sampling,Analysis,Awareness Training February 26. 2013 Mr. Allen Smoot. Procurement Dept. City of Patin Springs 3200 East Taquitz Canyon Way Palnt Springs, CA 92262 Phone: 760-318-3802 G-Mail: Allen.Sinoot((�,palmsprings-ca.gov Subject: Commercial Structure Environmental Management Services Wclwood Murray Memorial Library lnfOlOx. Inc. Project Il- 13P007 Dear Mr. Smoot: 1rtl'otox_ Inc. will provide asbestos and lead abatement project management services, tunal visual inspection, and report preparation liir the planned removal of asbestos and lead containing materials from the Wehvood Memorial Librar% Building. 100 South Palm Canyon Drive, Pahn Springs. CA. The project oversight will include project planning, contractor document review, regulatory compliance. representativearea air sample collection and analvsis. supplemental bulk sample collection, final visual inspections, clearance sample collection and amilYsis. meeting attendance, and report preparation. All area and clearance air samples forairborne asbestos will he analyzed by Phase Contrast Microscopy (PCN4) analysis utilizing the NIOSI 17400 Method. Flame Atomic Absorption Spectrometry will be used to quantifi lead in paint, soil and dust samples using EPA Method 3050A. The ahove-described services will be provided Ibr the following tees: Wehvood Memorial I ibran, Asbestos \4ana ernent Project Specification Preparation: S 750.00 Project Oversight: $ 3,600,00 (50 Hours (�?i, $72.00/liour) Bulk Sample .Analysis: S 125.00 (5 Samples rii $25.00 ea irneedc(I (rush analysis)) Project Compliance Air Samples (3-5 Day l'u I'll-it round): $ 600.00 (30 Samples !iv $20.00 Bach) Project Clearance Air Sample Analysis (On-site. Same Day): S 300.00 (15 SO'llples ,ei. $20.00 Fach) Iotal (Asbestos); $ 5,375.00 9251 f)rco Parkmi.y.Suite J • Rivcrsid 'J'1't-t to 92509.0906 • 951 685-5053/ ate (t'9 277-35�l3 in7apts!r/sbrl;lob:d.ttet 1�(0'0�(��Am California Certit-ted Asbestos Constdtants Lead Management Project Specification Preparation: $ 750.00 Project Oversight: $2,880.00 (40 Hours @$72.80/Hour Project Compliance Air, Soil, Wipe Sample Analysis: $ 700.00 (35 Samples @ $20.00 ea(3-5 Day Turn-around) Project Clearance Wipe Samples: $ 700.00 (20 Samples @$35.00 Each, 24 hr. tum-around) Total (Lead): $ 5,030.00 Summary of Fees Asbestos Management Services: S 5,375.00 Lead Management Services: S 5,030.00 Total Estimate: $10,405.00 The above costs are based upon a projected schedule which has been based upon the quantity of work scheduled to be performed and past experience on similar projects. Infotox, Inc has no control over contractor scheduling or project staffing. Abatement contractor scheduling and manning will affect the number of hours expended and samples collected. As such, the actual hours worked and samples collected will be invoiced at tile above quoted rates. Other factors affecting oversight costs are the planned remodel methods,such as removal of components vs. stripping of paint etc. Payment terms for the above project shall be net 30 days from delivery of report/s. Sincerely, Infotox,Inc. by Michael A. Nieuwlandt as President Certified Asbestos Consultant No. 92-0271 Page 2 of 2 10007QI.doc Scope of Work Welwood Murray Memorial Library pAeloustiePlas al Descri on Material Locations Comments Plaster Areas 1 3 7 11 Remove ceiling plaster complete. ter) A roximate! 3,250 Sft. Plaster Area 6aster Areas 4 and 6rnace Area 11 Approx. 30 sft. of asbestos paper Insulation 1 on floor furnace. Duct Insulation Areas 7& 10 Risers, Approx. 400 sft. Contractor and Areas 13 & 14 Wall responsible for demolition Penetrations. necessa to access ducting. Pipe Insulation Area 14 HVAC Unit Black Condensate Tape. Approx, 5 sft. 7!7: Area 12 South, Upper Approx. 2 ea. 36"x48", 4 ea. South and East 18N48"and 17 ea. 12"x18" Windows wRvtetal Frames. Remove loose material onl . -20 Ama 5 .12 .Lea It -10 M.07 -it Area 3 Nara 111 :6—-37' Fns •-05 .09 1 ..so 1)1. -14 .19 40' 7 At..12 6 '0' 1 ..0 -16 -08 20-21 Ar"7 �31 A�NgaGr -30 oi C? Areas 46. 1.7. -3a' .03 Wv"od Murray Memorial Library 100 S i'alm Ctiipn rr,o Pa'.Stt,,ngs,CA /➢0Llwpiolu M/Ppmdrp0b Nw 14 Satz 111P�1' m a 1v Mo 13 -m•seimbCALa191LANUM -te as Ala Is .n W4WWu MuM Mw=W UUM 100&Palm C4wjm104M.P w SPVNM CA AAA LEAD Consultants and Inspections, Inc. Consulting - Inspections - Risk Assessment - Project Monitoring STATE CERTIFIED/ INSURED cAo A1N SPECIFICATIONS FOR THE REMOVAL OF LEAD BASED PAINT AND OTHER SURFACES WHICH CONTAIN LEAD AT WELWOOD LIBRARY 100 SOUTH PALM CANYON DRIVE PALM SPRINGS, CA 92262 FOR CITY OF PALM SPRINGS 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 Michael P. Cohn November 23, 2011 DHS #D-437 1307 West Sixth Street#134,Corona,Ca.92882 Ph 951-582-9071 Fax 951-582-9073 e-mail aaaleadAsboalobal.nel http://aaalead.net TABLE OF CONTENTS SECTION A INTRODUCTION 4 SECTION B SCOPE OF WORK 4-7 SECTION C GENERAL REQUIREMENTS 7-10 WORKER CONTRACTOR EXPERIENCE CITATIONS INSURANCE SECTION D RECORDS 10 SECTION E WORK AREA PREPARATION 10-12 1. DECONTAMINATION UNITS 2. LEAD ISOLATION CONTROL PROCEDURES SECTION F METHODS OF ABATEMENT 12 SECTION G PERSONAL PROTECTION 12-13 SECTION H WORKER SAFETY 13-14 1. LADDERS 2. SCAFFOLDING 3. PERSONAL PROTECTIVE EQUIPMENT 4. TRAINING, FIT TEST AND MEDICAL SURVEILLANCE SECTION I CONTROL OF ACCESS 14-15 SECTION J CLEAN UP OF WORK AREA 15-16 SECTION K FINAL CLEANUP 16 SECTION L WASTE DISPOSAL 16-17 SECTIION M TESTING 17 SECTION N PEL MONITORING 17-18 AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (95I)582-9073 (Table of Contents Continued) SECTION O SUBMITTALS 18 SECTION P SITE SPECIFIC LOCATIONS 18 SITE MAP MAIN LIBARAY AND BASEMENT 20 AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 SPECIFICATIONS FOR REMOVAL OR STABILIZATON OF COMPONENTS CONTAINING LEAD OR LEAD BASED PAINT AT THE WELWOOD LIBRARY IN THE CITY OF PALM SPRINGS CALIFORNIA A. INTRODUCTION: These specifications have been designed in favor of City of Palm Springs for the removal or management of all painted surfaces containing lead based paint that will be impacted during the renovation of the Welwood Library Building in the City of Palm Springs, Ca. These specifications shall apply to all areas constructed before January 1, 1993. According to Title 17, Code of Regulations, Division 1, Chapter 8, g35043, all painted surfaces that have not been tested by a State Certified Lead Inspector / Assessor are presumed lead-based paint. B. SCOPE OF WORK: 1. The preparation of work under this contract covers materials that contain lead paint, including door components, window components, panels and structural supports. 2. All structural steel containing lead based paint that will be welded must be stripped of all paint a minimum of six inches in all directions of the attachment area. 3. If upon review of the plans and/or specifications the bidder finds discrepancies in the plans and/or specifications or should he be in doubt as to the meaning or intent of any part thereof, he shall request clarification from the City of Palm Springs Representative. Discrepancies with regard to conflicts between the Contract Documents and applicable Federal, State or Local regulations or requirements shall be included therein. 4. The Contractor shall provide all labor, materials, equipment, services, testing, supervision and incidentals necessary to perform work of lead paint abatement and site preparation under this contract in accordance with the following specifications. After preparation, the areas disturbed shall be cleaned and tested in accordance with the procedures outlined below. 5. All surfaces that are only prepped and not abated during site preparation shall be primed or encapsulated using a City of Palm Springs approved primer or encapsulant for each type of surface or substrate that has been disturbed (wood, metal, stucco etc.). All components that tested positive for the presence of lead above the HUD action level and any AAA Lead Consultants and Inspections,Inc. www. aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582.9073 similar untested components should be considered lead-laden. Any maintenance or repair activities on these components should be performed in an abatement/containment environment as required by Cal/OSHA Construction and Safety Orders, Lead Section 1532.1. If any amount of lead is detected on a component that will be disturbed (trigger task), the contractor must perform exposure monitoring and interim protection for his workers according to Title 8 Construction and Safety Orders, to determine the workers skill and/or certification required to perform the task required for this project. 6. Contractor is responsible to provide and install plywood on any opening that cannot be secured with new product immediately after the removal of any existing door, window or panel component. 7. The Contractor acknowledges that he has investigated and satisfied himself as to (a) the conditions affecting the work, including but not limited to the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric, or other utilities or otherwise affect performance of required activities: (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably as ascertainable from an inspection of the site, including representative as well as the information presented in drawings and specifications included with this contract. Any failure by the Contractor to acquaint himself with available information will not relieve him from the cost of successfully performing the work. City of Palm Springs or their designated representatives are not responsible for any conclusions or interpretations made by the Contractor on the basis of the information made available by City of Palm Springs or its designated representative. 8. Lead Containing Components The following list of building components has been identified to contain lead based paint above the HUD guidelines. Work performed on these surfaces must be performed by Department of Health Services Lead Certified Workers. See paragraph 4 above. Preparation of lead containing components shall be performed following the "Methods of Lead Abatement' found in Section F of this specification. Exterior and interior component striping shall be performed on the following list of components as per the renovation plans. AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582.9071 1307 West Sixth St 4134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 Exterior: A) Doors and door casings: Remove all loose and flaking paint from the door and door casings on the "C" left side of the building. Wet sand to a feathered edge, prime and repaint. B) Window Sashes: Remove all loose and flaking paint from the window sashes on the "A" and "B" left side of the building. Wet sand to a feathered edge, prime and repaint. C) Windows: Stabilize and remove the lower windows on the "C" and "D" side of the building. Interior: Room 3 A) Closet door and jamb: Remove all loose and flaking paint from the door and door jambs on both closets at main entry. Wet sand to a feathered edge, prime and repaint. B) Ceiling Trim (Molding): Stabilize and remove the ceiling trim. C) Window Sash: Remove all loose and flaking paint from the window sashes along the "C" left side of the room. Wet sand to a feathered edge, prime and repaint. Room 1 A) Ceiling Trim (Molding): Stabilize and remove the ceiling trim. B) Window Sash: Remove all loose and flaking paint from the window sashes along the "D" left side of the room. Wet sand to a feathered edge, prime and repaint. Room 4 A) Door casing and jamb: Remove all loose and flaking paint from the door casing and door jamb in the east restroom. Wet sand to a feathered edge, prime and repaint. Room 5 A) Door and jamb: Remove all loose and flaking paint from the door and door jamb on the "A" side of the room. Wet sand to a feathered edge, prime and repaint. B) Window Sash: Remove all loose and flaking paint from the window sash on the "C" side of the room. Wet sand to a feathered edge, prime and repaint. Room 6 A) Handrail and Stair Rail: Remove all loose and flaking paint from the hand and stair rails. Wet sand to a feathered edge, prime and repaint. Bath 2 A) Wall: Remove all loose and flaking paint from the "A" wall. Wet sand to a feathered edge, prime and repaint. AAA Lead Consultants and Inspections,Inc. www.malead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 B) Door and jamb: Stabilize and remove the door and door jamb. Room 8 A) Door, Door Casing, Door Jamb: Remove all loose and flaking paint from the door, door casing and doorjamb on the "C" side of the room. Wet sand to a feathered edge, prime and repaint. Room 9 A) Ceiling Trim (Molding): Stabilize and remove the ceiling trim. B) Window Sash: Remove all loose and flaking paint from the window sashes along the "C" left side of the room. Wet sand to a feathered edge, prime and repaint. Room 11 A) Door: Remove all loose and flaking paint from the door on the "D" side of the room. Wet sand to a feathered edge, prime and repaint. C. GENERAL REQUIREMENTS: 1. All workers who perform the demolition/renovation work for lead paint abatement and 1 or site preparation (including clean up) described herein shall be State Certified Workers with current State issued "certificates" and have prior training in lead abatement as required by Title 17, CCR, Division 1 Chapter 8, §35009 & §35001 as well as other required training including safe and proper use of equipment. 2. The Contactor shall work as an independent contractor and not an employee of City of Palm Springs and will indemnify, defend and hold City of Palm Springs harmless from all claims and demands, losses and damages, liabilities, costs and expenses, including attorneys fees, arising out of any act or omission of the Contractor and/or its agents, employees and Sub- Contractors in connection with this project. The prevailing party in any action brought to enforce any terms of the agreement shall be entitled to recover its costs, expenses and reasonable attorney's fees from the other party. a. Where conflict arises between the Federal, State and Local regulations and the specifications, the most stringent requirement shall apply. 3. Contractor is to be licensed by the Contractor's State License Board, Department of Consumer Affairs in accordance with provisions of Chapter 9 of Division 3 of the Business and Professions Code. 4. Contractor is to have a State Certified Lead Supervisor with a current State issued "certificate" referenced above by Title 17 CCR, as part of his staff during the lead paint abatement and site preparation. The State Certified AAA Lead Consultants and Inspections,Inc. www. aWead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 Lead Supervisor will be designated the 'competent person". A "competent person" is a DHS "certified supervisor" who is capable of identifying existing and predictable lead hazards in the surroundings or working conditions who has authorization to take prompt corrective measures to eliminate them. 5. As part of the bid proposal the Bidder shall submit documentation of successful completion of lead paint remediation/abatement work with at least three jobs of similar work content to include: a. Agency for which the work was done b. Type of work c. Name of agency representative responsible for performance inspections. d. Results of any air and clearance sampling, including laboratory documentation e. Results of any inspections by other agencies (e.g. EPA, DHS, DOSH). 6. Bidders shall submit a statement, signed by an officer of the company and notarized, containing the following information: a. A record of any citations and results of citations issued by Federal, State or Local regulatory agencies relating to lead paint abatement activity. Include projects, dates and resolutions. b. A list of penalties incurred through non-compliance with lead paint abatement project specifications including liquidated damages, overruns in scheduled time limitations and resolutions. c. Situations in which a lead paint abatement related contract has been terminated including projects, dates and reasons for termination. d. A listing of any lead paint abatement related legal proceedings/claims in which the Contractor (or employees scheduled to participate in this project) has participated or is currently involved in. Include descriptions of role, issue and resolution to date. 7. Contractor shall provide a firm project schedule reflecting sequence of operations for approval by the City of Palm Springs Representative. The Contractor is to co-ordinate with the City of Palm Springs Project Manger to prepare the project schedule. Before starting construction operations, Contractor shall confer with a City of Palm Springs Representative to arrange the sequence of construction operations. a. Contractor shall not deviate from the projects schedule without 24 hour notice and approval from the City of Palm Springs Representative. 8. Contractor shall make provisions to supply his own storage bin, disposal bin for waste material, hot water and trailer facilities for workers and supervisors. 9. Contractor is advised to provide his own security personnel to protect his equipment and personnel during the project duration including off-hour AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead(a�,sbcglobal.net Fax (951)582-9073 weekends and holidays. City of Palm Springs shall not be held responsible for any damages as a result of theft or vandalism of Contractor's material and equipment or harm to his personnel. Contractor shall coordinate security arrangement with the City of Palm Springs personnel. 10. Prior to commencement of lead abatement activities, the contractor is to provide AAA Lead Consultants and Inspections, Inc. with copies of current lead in blood, medical release to use respirator, respirator fit test and proof of DHS certification for each worker. 11. AAA LEAD Consultants and Inspections, Inc. will perform Project Monitoring and final clearance testing for this project as requested by City of Palm Springs. 12. Contractor must provide proof of delivery of DHS form 8551 to DHS (Department of Health Services) five days prior to commencement of abatement activities as required by Title 17, CCR, Div 1, Chapt. 8. 13. Contractor must provide proof of delivery of Cal/OSHA notification of lead related work as required as of January 25, 2002 in Title 8, Construction Safety Orders, Chapter 4, Subchapter 4, Article 4, Section 1532.1. 14, Contractor must notify the "District" and AAA Lead Consultants and Inspections, Inc. of the intent to perform lead abatement activities a minimum of 48 hours prior to the commencement of work. Lead related activities may not commence without written authorization of the building owner/ owner representative. 15. In the event the contractor's work force is not present for work on any scheduled work day, the contractor will be required to pay City of Palm Springs the sum of$500 for project monitoring costs associated with each such missed working day unless they notify City of Palm Springs at least 48 hours in advance for each scheduled work day they expect no work force to be present. 16. Insurance listing City of Palm Springs as additionally insured shall be maintained throughout the duration of the policy. The insurance will cover lead paint removal operations with the following minimum requirements. a. Workers Compensation — Statutory b. General Liability — Class "A" True Occurrence Lead Paint Abatement Liability without a sunset clause - $1,000,000.00 i. Premises — operations ii. Completed - operations iii. Contractual — broad form property damage, independent contractors, personal injury AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 iv. Bodily Injury - $1,000,000.00 per occurrence — aggregate $1,000,000.00 v. Property Damage - $1,000,000.00 per occurrence— aggregate $1,000,000.00 c. Auto Insurance i. Bodily Injury - $1,000,000.00 per person ii. Accident- $1,000,000.00 per accident Property Damage - $1,000,000.00 per accident Liability Coverage must be written by an insurance company that meets the following requirements: All funds, holdings must be held in any of the fifty states that constitute the United States of America. The insurance company must be a current member of the California Insurance Guarantee Association (CIGA). D. RECORDS: 1. The contractor is to complete and return all submittals of the contract within seven working days of the contract award. 2. The contractor shall provide a copy of his current California Department of Health Services "Supervisor Certificate" or California Department of Health Services photo identification card prior to commencement of work. 3. The contractor or "supervisor" shall provide before the commencement of any work, copies of all "certified workers" current documentation including, "worker certificate", lead in blood test results within last six months, Dr.'s statement for each workers ability to wear NIOSH approved respirator and a respirator fit test. 4. The contractor shall provide the location and description of all presumed lead based paint locations and substances that are abated through removal, paint film stabilization or encapsulation. 5. The contractor shall provide starting and completion dates of the prep and/or abatement work. 6. The contractor shall submit a detail summary of the techniques used to comply with these regulations. 7. The contractor shall mark on as-built drawings a note in bold letters that all surfaces with lead paint have been encapsulated, stabilized or removed under this contract, describing such locations and method used. 8. The contractor shall submit to City of Palm Springs copies of all records that the abatement and site preparation has been performed in compliance with the lead paint abatement procedures. AAA Lead Consultants and Inspections, Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 E. WORK AREA PREPARATION: 1. Decontamination Units: One decontamination unit will be required at each lead control area. a) Cover the floor where the decontamination unit will be placed with 2-layers of 6-mil polyethylene (poly) prior to setting up of unit. b) Provide single entry and exit to each work area. c) Provide a 3-stage decontamination unit consisting of a clean room, equipment/dirty room and shower or wash station. This area must be constructed of 6-mil "poly' sheeting and PVC piping at a minimum. d) Each of the 3 stages shall be separated from each other and the abatement area by a 6-mill plastic door with vents that allow for the flow of air through the clean room and shower room. e) The equipment !dirty room must be of sufficient size for storage of all equipment, disposal facilities for contaminated clothing and allow removal of such clothing by employees. f) Shower or wash station facilities must be water tight and have ample hot & cold water supply adjustable at the tap, a drain for waste water with a filter capable of removing particles greater than 5 microns. Prefabricated shower facilities are acceptable. g) The clean room must be of adequate size to allow employees to don abatement gear. Storage facilities for street clothing and respirators must be provided. Towels will be made available by contractor in this area to use after showering. 2. Lead Control Area Isolation Procedures: a) Post signs and barrier tape in compliance with Cal/OSHA, Title 8, CCR Section 1532.1. Barrier tape shall be at a minimum of 25 feet around all lead abatement areas. Contractor shall insure that the signs required are at least 20" by 14" and states the date and place of the lead abatement project. The sign must include the phrase "CAUTION LEAD HAZARD. KEEP OUT' in bold lettering at least 2 inches high. Signs to be in English and Spanish. AAA Lead Consultants and Inspections,Inc. www. aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 b) Install suitable ground protection to prevent rupturing of plastic sheeting by ladders, scaffolding, nails, falling debris, etc. Install a minimum of two layers of 6-mil poly sheeting to base of building with duct tape or other anchoring system so that no gaps exist between the base of the building and the plastic sheeting. Poly sheeting is to extend a minimum of 10 feet from the farthest exterior portion of the area or building being disturbed. Seal overlapping sections of plastic with duct tape to provide a leak proof surface. Weight the ends of plastic sheeting to prevent blowing from the wind and breezes. All edges of the plastic sheeting shall be elevated to create a trough and prevent runoff of excess water and debris. Cover all plants and shrubs within 15 feet of the perimeter of the building with one layer plastic sheeting. c) In the event of rain, all work on the exterior of any structure shall be suspended or shall not begin until such time that weather conditions change more favorably. d) In the event of strong winds that create a condition whereby containment of airborne lead dust and or debris become infeasible, work shall be suspended or shall not begin on the exterior of the structure until notified by project monitor. e) The decision to suspend work due to wind or rain will be made by the project monitor or a City of Palm Springs representative. F. METHODS OF ABATEMENT: 1) Surface preparation: The following preparation methods shall be performed in accordance with the contract specification section applicable to the type of work. a. Removal of paint may be accomplished by sanding with HEPA equipped sander, chemical stripping or wet scraping/sanding using a Hudson type sprayer or equivalent. Work is to be performed by trained and certified workers. G. PERSONAL PROTECTION: 1) The contractor shall insure that its employees are protected in accordance with all applicable Federal, State and Local standards, in particular, those set forth in the OSHA regulations governing occupational health and environmental controls in Subpart D of Title 29 CFR (Code of Federal Regulations) Section 1926.62 containing employee protection requirements for construction workers exposed to lead, 29 CFR AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 19.10.1025 Lead Standard for General Industry, 29 CFR 1910.134 Respiratory Protection and 29 CFR 1910.1200 Hazard Communication. 2. All lead paint abatement workers shall have received lead paint medical screening and will have been physician certified to work while wearing a respirator along with all other regulations as required by CCR, (California Code of Regulations) Title 8, Section 1532.1 Lead Standard for Construction Industry, CCR Title 8, Section 5216 Lead Standard for Genera Industry and CCR Title 8, Section 3203 Injury and Illness Prevention Program. 3. All persons when, present at the work site, shall wear disposable protective suits with attached hoods and shoe coverings designed for lead abatement. All personnel entering the lead control area shall wear rubber or latex gloves beneath their work gloves. Gloves are to be taped to the suit sleeves with duct tape. 4. Contractor shall provide gloves, eye protection, disposable protective suits and other recommended safety equipment for use by all workers. 5. All persons entering the work area are to wear a minimum of a half faced air-purifying respirator equipped with HEPA cartridges for protection from airborne lead particles. 6. Personal sampling is to be done using an air sampling pump to determine overall exposure in each work area and to monitor PEL (permissible exposure limits) for workers. 7. A separate decontamination area as noted in SECTION§1, is to be located adjacent to the work area. All personnel will complete decontamination upon exit of the work areas in the decontamination area. Decontamination area shall contain a minimum of a HEPA vacuum, wash station (soapy water and rinse water or pre-moistened towellets) and dressing area. All disposable clothing, wash supplies and discarded equipment is to be placed directly into 6 mil plastic bags and then stored in locked 55 gallon metal drums as per specifications under Clean Up of Work Area. H. WORKER SAFETY: 1. Ladders: a) Refrain from using ladders with broken, missing or defective parts. b) Ladder feet must be on substantial base. c) Top and bottom of ladder must be kept clear. d) No job made ladders. AAA Lead Consultants and Inspections,Inc. www.a lead.net Phone(951)582.9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 e) No metal ladders shall be used on project. f) Ladders shall not be used in a horizontal position. g) Always face ladder. h) Do not step higher than third rung on straight ladder and second step on stepladder. 1) Always inspect ladder before use. j) Do not attempt to move ladder while in use. Worker must fully egress ladder before moving ladder to a different location. 2. Scaffolding: a) All scaffolding shall utilize guardrails, mid rails and toe boards. b) No persons shall be permitted to remain on scaffold while it is being moved or rolled. c) Lock scaffold wheels when location is achieved. d) Scaffold height shall not exceed four times the base dimension. e) Use scaffold grade lumber for planking. f) Use scaffold capable of supporting at least four times the intended load. g) Climbing of any scaffold braces or supports not specifically designed for access is prohibited. 3. Personal Protective Equipment: a) Follow guidelines as stated above in Section G, paragraphs 1 through 7. 4. Training, Fit Testing and Medical Surveillance: a) Current Medical Surveillance Records for all employees required to enter the contaminated area. All workers on this project must have baseline and post abatement blood lead level and zinc protoporphyrin (zzp) measurements made before and after the work of the contract begins and ends respectively. 5. Housekeeping: a) Throughout the abatement process the work areas will be kept free from a build up of removed components or paint chip debris. On an ongoing basis, all components shall be wrapped or placed in two layers of 6-mil plastic sheeting or bags. Loose paint chip dust and debris shall be collected with HEPA vacuums and / or wet wiping and placed in six mil plastic bags and sealed with duct tape. AAA Lead Consultants and Inspections,Inc. www.nalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 I. CONTROL OF ACCESS: 1. Each work area to be secured with barrier warning tape at least 25 feet from the work location and posted as a lead abatement project and potential hazard site. 2. A person may not enter the work area unless that person is authorized to do so by the "competent person" or project monitor. 3. Contractor to post caution signs and barrier tape in each work area containing lead based paint before removing or encapsulating lead paint. 4. Contractor shall keep the signs posted and barrier tape intact during abatement and clean up as described in this specification. 5. Contractor shall insure that the signs required are at least 20" by 14" and states the date and place of the lead abatement project. The sign must include the phrase "CAUTION LEAD HAZARD, KEEP OUT' in bold lettering at least 2 inches high along with DO NOT ENTER WORK AREA, AUTHORIZED PERSONNEL ONLY, NO EATING, DRINKING, OR SMOKING IN THIS AREA in at least 1 inch high lettering. The signs are to be in English and Spanish. J. CLEAN UP OF WORK AREA: 1. Preliminary clean up shall be performed by certified-trained workers as follows: a. After the abatement / preparation work has been completed, or at the end of the work day, remove all debris and provide the interim clean-up as described below: b. Deposit all lead waste, including sealing tape, plastic sheeting, mop heads, sponges, filters and disposable clothing etc. in double plastic bags, of at least 6 mils thick. Bags are then to be deposited and stored in locked 55 gallon metal drums labeled "DANGER LEAD HAZARD" and secured on site. C. Vacuum clean all surfaces in the work area including woodwork, metal work, walls, windows, window wells, polyethylene, steps etc. with a HEPA vacuum. d. After vacuum cleaning, using phosphate free or detergent wash all polyethylene coverings that are to be reused in the work area with AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St 4134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 at least 1-ounce of 5 percent phosphate free solution (or similar lead removal product) to each gallon of water. e. After polyethylene washing has dried, vacuum clean polyethylene, with a HEPA vacuum until no visible residue remains. f. Final clean up to be performed prior to wipe testing when abatement ! preparation work is finished. K. FINAL CLEANUP: 1. Procedures: a) After removal of all plastic sheeting, except critical barriers, final cleaning can proceed. Begin with a thorough HEPA vacuuming of all surfaces starting at the ceilings, proceeding down the walls to the floor. The floors shall be vacuumed by starting from the farthest corners of the entrance of the work areas. HEPA vacuuming is to be performed as described in the previous section before and after detergent wash as shown below. b) Wet wipe and mop the same surfaces with a 5% solution of Phosphate free Lead cleansing detergent and allow the surfaces to dry. c) Thoroughly HEPA vacuum and wet wipe tools and other equipment before removing from work area. Any power tools that cannot be completely de-contaminated shall be placed in pre-labeled plastic bags and sealed with duct tape before removing from work area. d) Hand tools such as, scrappers, broad knives, etc., shall be cleaned by wet wiping prior to removal from the work area. e) All personnel will follow strict decontamination procedures, including use of soap and shower facilities to wash hands, face and body as well as respirators before exiting shower. L. WASTE DISPOSAL 1 The contractor shall be responsible for determining whether any of the waste materials are hazardous waste. This includes not only solid waste, but also wastewater generated from interim and final clean up. All test results are to be submitted to AAA Lead Consultants and Inspections, Inc. AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbcglobal.net Fax (951)582-9073 or a representative of the City of Palm Springs prior to the disposal of lead containing debris. 2 The contractor shall remove, within 10 days, all lead waste materials from the site after final completion of lead abatement and preparation in compliance with applicable waste requirements. 3. The contractor shall transport and dispose of lead waste in a legal manner as described in 22CCR, chapter 12 (beginning with section 66262.10). 4 All lead containing components removed for disposal shall be burrito wrapped in six mil plastic or double bagged in six-mil plastic bags and sealed with duct tape prior to being placed in roll off container M. TESTING: 1. Prior to commencement of site abatement and preparation Project Monitor will take baseline samples to establish existing lead dust levels. 2. At time of final clearance, the Project Monitor shall conduct wipe tests at and around abatement and preparation work areas. 3. The Project Monitor shall submit the test results to City of Palm Springs and the Contractor indicating that lead dust levels are at or below baseline levels. 4. If wipe test exceeds baseline levels, contractor is to reclean areas using the above criteria and new wipe tests shall be taken until at which time the test do pass. Cost associated with retesting will be billed to the school district and deducted from abatement contractor at $125 per return visit and $25 per sample retaken. N. PEL MONITORING: 1. Personal air monitoring shall be performed at one or more sites to determine the PEL and worker qualifications for performing similar tasks at each location. 2. Employees involved in personal exposure monitoring to determine worker protection and certification requirements will be required to have: A) Recent medical release to wear a respirator. B) Biological Testing (blood draw within last 6 months) C) Recent respirator fittest. AAA Lead Consultants and Inspections, Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona, Ca 92882 e-mail malead@sbcglobal.net Fax (951)582-9073 D) Dress out in protective clothing including gloves, shoe covers, eye protection, head cover and hepa equipped respirator as outlined in Section G. E) Lead awareness training provided by the general contactor (min 8 hours) 3. Worker is to wear a personal air-monitoring pump equipped with a 37mm cassette for testing lead content in air. The air flow rate is to be set between 2 and 4 liters of air per minute and be worn for eight hours while performing abatement/ remediation tasks. 4. Air sample(s) to be collected by Project Monitor and sent to state accredited laboratory for analysis. 0. SUBMITTALS: 1. The Contractor shall inform AAA Lead Consultants and Inspections or a representative of the City of Palm Springs of where all waste materials are disposed of by State Certified hauler and provide AAA Lead Consultants and Inspections with the EPA number and a copy of the transportation manifest. 2. Certificates of training, for all abatement and clean-up personnel who will be performing the work under this contract, must be submitted to AAA Lead Consultants and Inspections, Inc., two days prior to commencement of abatement activities. 3. Contractor to provide proof of lead paint medical screening for lead in blood on all workers prior to commencement of abatement activities and again within 7 days of completion of all abatement projects. 4. Contractor to provide medical release for use of respirator for all workers prior to commencement of abatement activities. 5. Contractor to provide respirator fit test documentation prior to commencement of abatement activities. 6. It is the responsibility of the Abatement Contractor to notify AAA Lead Consultants and Inspections Inc by fax a notice of intent to perform abatement a minimum of 48 hours prior to the commencement of any lead related work. Any work performed without the knowledge or proper notification to the environmental consultants shall be considered a violation of these specifications and the abatement contractor will not be entitled to compensation for those days worked. AAA Lead Consultants and Inspections,Inc_ www.aaalead.net Phone(951)582-9071 1307 West Sixth St 4134,Corona,Ca 92982 e-mail aaalead@sbcglobal.net Fax (951)582-9073 7. Final payment to abatement contractor shall be held until all submittals have been made to AAA Lead Consultants and Inspections or City of Palm Springs P. SITE SPECIFIC LEAD LOCATIONS: Not every component on each building was tested, therefore any similar component to those identified as lead containing are to be assumed to also contain lead based paint unless otherwise noted. All lead laden components must be worked on in an abatement/ containment environment. AAA Lead Consultants and Inspections,Inc. www.aaalead.net Phone(951)582-9071 1307 West Sixth St#134,Corona,Ca 92882 e-mail aaalead@sbeglobal.net Fax (951)582-9073 Side C 7� t 2 I' 4 Bath 1 10 Bath 2 Side B Side D 6 ft f 1 A J I R i 9 Side H Welwood Library 100 South Patin Canyon Drive Palm Springs, Ca 92262 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per CLAIM and two million dollars ($2,000,000) annual aggregate; and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. (*WAIVED) If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. C. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. D. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No.—. or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. E. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.