The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09162008 - C.7 4' ✓�A 91 •l ��—¢E-_?;,,,oF Contra TO: BOARD OF SUPERVISORS cl _ .rri!hY{4. _•.. is Costa FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR :_ '"\' ('pSrq-COI1N'� County DATE: September 16, 2008 SUBJECT: 1700 Oak Park Boulevard Abatement and Demolition Project, Pleasant Hill area. (District IV) Project No.: 4500-6X5028 Org. 4405 Acct. 4197 Fund 100300 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the specifications for the 1700 Oak Park Boulevard Abatement and Demolition Project, and AUTHORIZE the Public Works Director, or designee, to advertise the project. FISCAL IMPACT: The estimated project cost is$300,000 and will be funded with restricted Special Revenue funds(ORG 0595). The cost of demolition will be offset by two factors: reduced costs for ongoing security of the site and a potentially higher sale price when the property is ultimately sold (because the buyer will not have to pay for demolition). Continued on Attachment: ® SIGNATURE: 129r1iL ,46z� "k!PRECOMn7ENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE APPROVE ❑ OTHER SIGNATURF(S): ACTION OF BOARD ON G APPROVED AS RECON 'IEN EU OTHER ❑ Vq'IE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action ✓✓ UNANIMOUS(ABSENT taken and entered on the minutes of the Board of Supervisors on AYIiS: NOES: the date shown. ABSENT: ABSTAIN: KAL:lad:sr ,,/ G:\RealProp\Board Orders\2008\9-16-08 BO-1700 Oak Park Blvd.doc ATTESTED: AG , Z - P Ori;.iiiv:Public works(Real Property) DAVID T A, COrk of the Board of Supervisors and County Contact: Lisa Dalziel,Real Property(925)313-2223 Administrator cc: Administrator—Arai.E.Kuevor Auditor-Controller J.Kennedy,Comnnmity Development M.I lollingsworth,Design By. Deputy K.Emigh.Construction PW Finance Division T.-Torres,Environmental Svcs. SUBJECT: 1700 Oak Park Boulevard Abatement and Demolition Project, Pleasant Hill area. (Capital Facilities Funds)(District 1V) Project No.: 4500-6X5028 DATE: August 12, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The County owns the eight (8) acre site at 1700 Oak Park Boulevard in the City of Pleasant Hill which was the former Oak Park Elementary School site. The site has not been used as a public school during the 25 years the County has owned the property. The property is not required for public use. The project consists of the abatement of asbestos and lead based paint and demolition of six (6) structures along with the sport court on this eight(8)acre parcel. The abatement and demolition project will eliminate the ongoing security and vandalism problems at the site. The Board of Supervisors reviewed and approved the project on December 6, 2006 and found the project will not Have a significant affect on the environment. The Board of Supervisors adopted a Mitigated Negative Declaration and Mitigation Monitoring Program in compliance with the California Environmental Quality Act. A Notice of Determination was filed with the County Clerk on December 14, 2006. CONSEQUENCES OF NEGATIVE ACTION: Demolition of the site would not occur,which would increase the cost of maintenance and risk of public safety and vandalism to the area. Contra Costa Times Legal No. 0002941881 P O Box 4147 Walnut Creek, CA 94596 (925)935-2525 Clerk of the Board of Supervisors June-Rm 106,651 Pine St., 1 st Fl. Martinez CA 94553-1275 OCT U y 2008 PROOF OF PUBLICATION �CL_RKouHi',AG STA CO SO?SI (:';_;-': COSTA CO. FILE NO, 1700 oak Dark blvd. In the matter of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa,94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy(set in type not small than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: 10/7/2008 I certify(or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 7 day of October/00 Signature Contra Costa county Public Works Department 255 Glacier Drive, Martinez,CA 94553 NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of Public Works will receive bids for the furnishing of all labor, materials, equipment, transportation and serv- ices for: ABATEMENT AND DEMOLITION OF 1700 OAK PARK BLVD. General work descrip- tion: The Oak Park Boulevard project will consist of abatement of asbestos and lead based paint and demolition of ap- proximately 6 structures on an B-acre parcel owned by Contra Costa County in Pleasant Hill, California. The Site was the former Oak Park Ele- mentary built in the 1950s. The site has been vacant for approximate- ly 10 years. Engineer's Cost Estimate: $300,000.00 Bidproposals shall be sealed and shall be sub- mitted to the Public WOfts Director at 255 Glacier Drive, Martinez, CA 94553, on or before October 21,2008 at 2:00 p.m.,and will be opened In publicimmediately after the time due at 255 Glacier Drive, Confer- - ence Room "A", Marti- nez,California 94553. The prime contractor for this project shall hold a valid Class A and/or C21 Specialty Contractor li- cense. The work includes: Re- moval of asbestos con- taining material,demoli- tion of all structures and fill and compact any and all belowrade areas and/or voidgs located at 1700 Oak Park Blvd. in Pleasant Hill,California. Each bid is to be in ac- cordance with the speci- fications on file at the Office of the Clerk of the Board of Supervisors, First Floor, County. Ad- ministration Building, 651 Pine Street, Marti- nez,California. The abatement and demolition contract documents, and build- ing as-built drawings may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Gla- cier Drive,Martinez,Cal- ifornia 94553-4897, Mon- day - Thursday (7:00 a.m.- 12 Noon and 1:00 p.m.-5:00 p.m.)(Fridays 8:00 a.m.-22:00 p.m.and 1:00 p.m.-4:00 p.m.).To obtain these documents a service charge is re- quired in the amount of $ 16.00 for the contract documents and $54.00 for the building as-built drawings (sales tax in. cluded). Contract docu- ments and as-built Cmay be ordered b mail for an additional handling contract w $7.eofor As-bullts. Checks shall be made Payable to'The County of Contra Costa' and be mailed to the above address. The Public Works Depart- ment does not guaran- tee the arrival of the Plans and specifications in time for bidding. Plans and specifications will not be sent over- night mail. Technical questions re- garding the contract tlocuments should be di- rected to the Public Works Department,Real Property Division at tel- ephone number (925) 313-2223. This project is to be ad- vertised pursuant to Public Contract Code 22037. Each bid shall be made on the bid form issued with the specifications, and must be accompa- nied by bid security in the form of cash,a certi- fied check cashier's check,or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to "The County of Con- tra Costa". The bid security shall be given as a guarantee that the bidder will en- ter into a contract if awarded the work, and will be forfeited by the bidder and retained by the County if the suc- cessful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and Insurance certificates after being requested to do so by the County. Bidders are hereby noti- fied that securities may be substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract Cade Section 22300 and the General Conditions of the Contract. Such securities shall be val- ued by the County Treasurer-Tax Collector, whose decision shall be final. Also,types of se- curities which are not listed in Government Code Section 16930 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax Collector before bid opening. Un- less such securities are prequalified before bid opening, they shall not be accepted by the County as security. The successful bidder will be required to fur- nish a Payment Bond in an amount equal to one hundred percent(100%) of the Contract price and a Faithful Perform- ance Bond in an amount equal to one hundred - Contract(100%) of the price, said bonds to be secured from an admitted surety insurer authorized by the Insurance Commis- sioner to transact busi- ness of insurance In the State of California. Each bond shall be issued on the form set forth in the specifications. Bidders are hereby noti- fied that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holy days and overtime work in the locality in which this work is to be per- formed for each type of worker or mechanic re- quired to execute the contract which will be awarded to the success- ful bidder. The prevail- ing rate of per diem wages is on file with the Clerk of the Board of Su- pervisors. The Contra Costa Coun- ty Board of Supervisors encourages opportuni- ties to develop and sup- Ent Enterprort ises B(MBES), Women Business Enter- prises (WBEs), Small Business Enterprises EnEnterprises,(LBES) and Disabled Veterans Busi- ness Enterprises (DVBEs) by providing opportunities for partic- ipation in the perform- ance of construction contracts financed in whole or in part with County funds. MBE, WBE,SBE,LBE,and DVBE definitions and detailed information are includ- ed in Division E of the Specifications. A pre- bid conference will be held on Monday, Octo- bar 6.2008,at 10:00 a.m., at the Contra Costa County Public Works De- an e- Marfillacier Callnia. Discussion will cov- er recommended out- reach efforts, resources and any other subjects of interest to attendees. -Because of the restric- tive nature of the facili- ty,the site will only be open for inspection by bidders on October 6, - ZODB. An inspection tour will be conducted on this date by a represen- tative of the County's Real Property Division. The tour will begin promptly at 11:30 a.m., starting at theparking lot of 1700 Oak Park Blvd.,Pleasant Hill,CA. The said Board reserves the right to reject any and all bids or any por• tion of any bid and/or waive any irregularity in any bid received. Bids may not be withdrawn for a period of 37 days after the date set for opening thereof. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY EMY L.SHARP, DEPUTY Dated: SEPTEMBER 17, 2008 CGT#2941881 Oct.7 2088 Emelda Sharp/COB/CCC To cctlegals@cctimes.com "► 09/17/2008 02:14 PM cc 4,P -- bcc Subject NOTICE TO CONTRACTORS-1700 OAK PARK BLVD. Dear Jennifer, Please publish the above Notice to Contractors, Re: 1700 Oak Park Blvd., Abatement and Demolition, under our Ref. No. 2182 on your Contra Costa Times, on October 07, 2008. Thank you for your attention. 4�= 17DO OAK PARK BLVD.,ABATEM ENT AND DEtvtOLITION P ROJECTAoc Clerk of the Board of Supervisors 651 Pine Street„ Rm. 106 Martinez, CA 925-335-1900 925-335-1903 925-335-1913 Fax No. Emelda L. Sharp Clerk of the Board LEGAL PUBLICATION REQUISITION Contra Costa County 7 SEPT. 16, 2008 AcvN FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMl L. SHARP Date: SEPTEMBER 17, 2008 Phone No.: 925-335-1903 Reference No.: 2182 Org.: 4500 Sub Object: 2190 ,Task: SAS Activity: 6x5028 Publication Date (s) OCTOBER 07, 2008 No. of Pages: (4) LEGAL PUBLICATION 1700 OAK PARK BLVD. ABATEMENT AND DEMOLITION PROJECT e-mail *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: Please confirm date of publication and receipt of this fax. Contra Costa County Public Works Department 255 Glacier Drive, Martinez, CA 94553 NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of Public Works will receive bids for the furnishing of all labor, materials, equipment, transportation and services for: ABATEMENT AND DEMOLITION OF 1700 OAK PARK BLVD. General work description: The Oak Park Boulevard project will consist of abatement of asbestos and lead based paint and demolition of approximately 6 structures on an 8-acre parcel owned by Contra Costa County in Pleasant Hill, California. The site was the former Oak Park Elementary built in the 1950s. The site has been vacant for approximately 10 years. Engineer's Cost Estimate: $300,000.00 Bid proposals shall be sealed and shall be submitted to the Public Works Director at 255 Glacier Drive, Martinez, CA 94553, on or before October 21, 2008 at 2:00 p.m., and will be opened in public immediately after the time due at 255 Glacier Drive, Conference Room "A", Martinez, California. 94553. The prime contractor for this project shall hold a valid Class A and/or C21 Specialty Contractor license. The work includes: Removal of asbestos containing material, demolition of all structures and fill and compact any and all below grade areas and/or voids located at 1700 Oak Park Blvd. in Pleasant Hill, California. Each bid is to be in accordance with the specifications on file at the Office of the Clerk of the Board of Supervisors, First Floor, County,Administration Building, 651 Pine Street, Martinez, California. The abatement and demolition contract documents, and building as-built drawings may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, Monday - Thursday (7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.) (Fridays 8:00 a.m.-12:00 p.m. and 1:00 p.m. — 4:00 p.m.). To obtain these documents a service charge is required in the amount of $ 16.00 for the contract documents and $54.00 for the building as-built drawings (sales tax included). Contract documents and as-built plans may be ordered by mail for an additional shipping and handling fee of $ 3.00 for contract documents and $7.00 for As- builts. Checks shall be made payable to The County of Contra Costa' and be mailed to the above address. The Public Works Department does not guarantee the arrival of the plans and specifications in time for bidding. Plans and specifications will not be sent overnight mail. Technical questions regarding the contract documents should be directed to the Public Works Department, Real Property Division at telephone number (925) 313-2223. This project is to be advertised pursuant to Public Contract Code 22037. Each bid shall be made on the bid form issued with the specifications, and must be accompanied by bid security in the form of cash, a certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to "The County of Contra Costa". The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and insurance certificates after being requested to do so by the County. Bidders are hereby notified that securities may be substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract Code Section 22300 and the General Conditions of 'the Contract. Such securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. Also, types of securities which are not listed in Government Code Section 16430 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax Collector before bid opening. Unless such securities are prequalified before bid opening, they shall not be accepted by the County as security. The successful bidder will be required to furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from an -admitted surety insurer authorized by the Insurance Commissioner to transact business of insurance in the State of California. Each bond shall be issued on the form set forth in the specifications. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of worker or mechanic required to execute the contract which will be awarded to the successful bidder. The prevailing rate of per -diem wages is on file with the Clerk of the Board of Supervisors. The Contra Costa County Board of Supervisors encourages opportunities to develop and support Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) by providing opportunities for participation in the performance of construction contracts financed in whole or in part with County funds. MBE, WBE, SBE, LBE, and DVBE definitions and detailed information are included in Division E of the Specifications. A pre-bid conference will be held on Monday, October 6, 2008, at 10:00 a.m., at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, California. Discussion will cover recommended outreach efforts, resources and any other subjects of interest to attendees. **Because of the restrictive nature of the facility, the site will only be open for inspection by bidders on October 6, 2008. An inspection tour will be conducted on this date by a representative of the County's Real Property Division. The tour will begin promptly at 11:30 a.m., starting at the parking lot of 1700 Oak Park Blvd., Pleasant Hill, CA. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. Bids may not be withdrawn for a period of 37 days after the date set for opening thereof. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY EMY L. SHARP, DEPUTY Dated: SEPTEMBER 17, 2008 PUBLICATION DATE: OCTOBER 07, 2008 925,1-=,21@2 09/16/2008 12: 53 925;132182 _'G;'0 iiL'S .PI PAGE_ 01 CONTRA COSTA COUNTYPUBLIC 'WORKS DEPARTMENT 255 GLACIER DRIVE, MARTINEZ, CALIFORNIA DATE: SEPTEMBER 16, 2008 TO: Jane Pennington, Chief Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshar(a-cob.cccounty.us FROM: Michael Hollingsworth, Assistant Public V,'irks 313-2231 SUBJECT: Authorization to Advertise "Abatem.—nt ,"id Demolition of 1700 Oak Park Blvd . ---------..__..------------ — ]PROJECT 4500-6X5028 NUMBER: This is your Authorization to advertise the attached t`otiee io Contractors for the "Abatement and Demolition of 1700 Oak Park Blvd " projeci and publish the attached Notice to Contractors under Public Contract Code: 22037 in the Contra Costa Times. The attached Board Order authorizing the Public Works Director to advertise this project . was approved today September 16, 2008. agenda item number C.7. Design Division will advertise this project on: September 16, 2008 The bid due date for this project is: October 21 2008, Project No.: 4500-6X-5028 4M:kp G'\Design'.0,iTnespondencelCLIRREVT PRO.;ECiS'd'7OCA Oak Park glad[i-??orrtn.doc Attachments: Notice to Contractors ��) Ce: Finance �/ 3! �� ° a"" Rev. 51208 CONTRA COSTA COUNTYPUBLIC WORKS DEPARTMENT 255 GLACIER DRIVE, MARTINEZ, CALIFORNIA DATE: SEPTEMBER 16, 2008 TO: Jane Pennington, Chief Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshar(a�cob.cccoun , .us FROM: Michael Hollingsworth, Assistant Public Works Dir r 313-2231 SUBJECT: Authorization to Advertise "Abatement and Demolition of 1700 Oak Park Blvd " PROJECT 4500-6X5028 NUMBER: This is your Authorization to advertise the attached Notice to Contractors for the "Abatement and Demolition of 1700 Oak Park Blvd " project and publish the attached Notice to Contractors under Public Contract Code: 22037 in the Contra Costa Times. The attached Board Order authorizing the Public Works Director to advertise this project was approved today September 16, 2008, agenda item number C_7. Design Division will advertise this project on: September 16, 2008 The bid due date for this project is: October 21, 2008. Project No.: 4500-6X5028 MH:kp O:\Design\Correspondence\CURRENT PROJECTS\1700 Oak Park Blvd D-7 form.doc Attachments: Notice to Contractors Ce: Finance Rev. 5.12.08 r r, -ele a DIVISION A - NOTICE TO CONTRACTORS (Advertisement) Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of Public Works will receive bids for the furnishing of all labor, materials, equipment, transportation and services for: ABATEMENT AND DEMOLITION OF 1700 OAK PARK BLVD. General work description: The Oak Park Boulevard project will consist of abatement of asbestos and lead based paint and demolition of approximately 6 structures on an 8-acre parcel owned by Contra Costa County in Pleasant Hill, California. The site was the former Oak Park Elementary built in the 1950s. The site has been vacant for approximately 10 years. Engineer's Cost Estimate: $300,000.00 Bid proposals shall be sealed and shall be submitted to the Public Works Director at 255 Glacier Drive, Martinez, CA 94553, on or before October 21, 2008 at 2:00 p.m., and will be opened in public immediately after the time due at 255 Glacier Drive, Conference Room "A", Martinez, California 94553. The prime contractor for this project shall hold a valid Class A and/or C21 Specialty Contractor license. The work includes: Removal of asbestos containing material, demolition of all structures and fill and compact any and all below grade areas and/or voids located at 1700 Oak Park Blvd. in Pleasant Hill, California. Each bid is to be in accordance with the specifications on file at the Office of the Clerk of the Board of Supervisors, First Floor, County Administration Building, 651 Pine Street, Martinez, California. The abatement and demolition contract documents, and building as-built drawings may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, Monday - Thursday (7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.) (Fridays 8:00 a.m.-12:00 p.m. and 1:00 p.m. — 4:00 p.m.). To obtain these documents a service charge is required in the amount of $ 16.00 for the contract documents and $54.00 for the building as-built drawings (sales tax included). Contract documents and as-built plans may be ordered by mail for an additional shipping and handling fee of $ 3.00 for contract documents and $7.00 for As- builts. Checks shall be made payable to The County of Contra Costa' and be mailed to the above address. The Public Works Department does not guarantee the arrival of the plans and specifications in time for bidding. Plans and specifications will not be sent overnight mail. Technical questions regarding the contract documents should be directed to the Public Works Department, Real Property Division at telephone number (925) 313-2223. This project is to be advertised pursuant to Public Contract Code 22037. Each bid shall be made on the bid form issued with the specifications, and must be accompanied by bid security in the form of cash, a certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to "The County of Contra Costa' . The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and insurance certificates after being requested to do so by the County. Bidders are hereby notified that securities may be substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract Code Section 22300 and the General Conditions of the Contract. Such securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. Also, types of securities which are not listed in Government Code Section 16430 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract .Code Section 22300 by the County Treasurer-Tax Collector before bid opening. Unless such securities are prequalified before bid opening, they shall not be accepted by the County as security. The successful bidder will be required to furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from an admitted surety insurer authorized by the Insurance Commissioner to transact business of insurance in the State of California. Each bond shall be issued on the form set forth in the specifications. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of worker or mechanic required to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT NOTICE TO CONTRACTORS, PROPOSAL AND SPECIFICATIONS FOR ABATEMENT AND DEMOLITION OF 1700 OAK PARK BLVD. PROJECT NO: 4500-6X5028 RENEWED S SEP 1 8 2008 � ' CLERK BOARD OF SUFER�ISORS i'�=- ��- -`�� CONTRA COSTA CO. 01 . flu i G s7A`C'OU13'1``I BID OPENING DATE: OCTOBER 21, 2008 FOR PRE-BID INFORMATION CONTACT: Lisa Dalziel (925) 313-2223 FOR PLAN HOLDER'S LIST: Visit the Design Division at the Public Works website, www.cccpublicworks.org (under"Contractor Info.', or call (925) 313-2000. TABLE OF CONTENTS DIVISION A - NOTICE TO CONTRACTORS ..................:..................................... DIVISION B - INSTRUCTIONS TO BIDDERS..................................................... ...............I......... 4 SECTION 1 - COMPETENCE OF BIDDERS....................................................................................4 SECTION 2 - SECURING DOCUMENTS........................................................................................ 4 SECTION 3 - EXAMINATION OF AS-BUILT PLANS (PLANS), SPECIFICATIONS, AND SITE OF THE WORK...................................................................................................................................... 4 SECTION 4 - BIDDING DOCUMENTS .......................................................................................... 5 SECTION 5 - SUBMISSION OF PROPOSALS ................................................................................ 6 SECTION 6 - WITHDRAWAL OF PROPOSALS .............................................................................. 6 SECTION 7 - PUBLIC OPENING OF PROPOSALS.......................................................................... 6 SECTION 8 - IRREGULAR PROPOSALS........................................................................................ 6 SECTION 9 - COMPETITIVE BIDDING......................................................................................... 6 SECTION 10 - AWARD OF CONTRACT........................................................................................ 7 SECTION 11 - SPECIAL REQUIREMENTS .................................................................................... 7 SECTION 12 - EXECUTION OF CONTRACT.................................................................................. 8 SECTION 13 - FAILURE TO EXECUTE CONTRACT........................................................................ 8 DIVISIONC - PROPOSAL (BID FORM) ........................................................................................... 9 DIVISION D — ABATEMENT AND DEMOLITION CONTRACT............................................................13 DIVISION E - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING MINIMUM/AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY FOR USE ON COUNTY-FUNDED CONSTRUCTION CONTRACTSOF $100,000 AND GREATER.....................................................................................27 SECTION 1 - OUTREACH PROGRAM......................................................................................... 27 A. General....................................................................................................................... 27 B. MBE/WBE/OBE Participation......................................................................................... 27 C. Definitions .................................................................................................................. 27 D. Certification and Participation of Minority and Women Business Enterprises .................... 28 E. Good Faith Effort Documentation ................................................................................. 31 F. Award of Contract ....................................................................................................... 35 G. Subcontractor Substitution........................................................................................... 35 H. Sub-Agreement Falsification......................................................................................... 36 I. Final Subcontracting Report Submittal/Verification of Performance Forms....................... 36 ]. Review of Records....................................................................................................... 36 K. Prompt Payment ......................................................................................................... 36 SECTION 2 - MANDATORY SUBCONTRACTING MINIMUM.......................................................... 37 A. General....................................................................................................................... 37 B. Mandatory Subcontracting Minimum Participation Level ................................................. 37 C. Definitions .................................................................................................................. 37 D. MSM Participation Recognition ..................................................................................... 38 SECTION 3 - AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY ......................... 39 A. Employment Goals....................................................................................................... 39 B. Specific Affirmative Action Steps................................................................................... 39 C. Reporting Requirements .............................................................................................. 41 D. Enforcement ............................................................................................................... 42 A. LETTER OF INTENT TO PERFORM AS A........................................................................ 43 B. VERIFICATION OF PERFORMANCE ............................................................................... 44 DIVISION F - GENERAL CONDITIONS...........................................................................................45 SECTION 1 - DEFINITIONS...................................................................................................... 45 SECTION 2 - GOVERNING LAWS AND.REGULATIONS................................................................ 46 SECTION 3 - PATENTS AND ROYALTIES................................................................................... 47 SECTION 4 - CONTRACTOR'S RESPONSIBILITY FOR WORK AND PUBLIC UTILITIES................... 47 SECTION 5 - BONDS AND INSURANCE..................................................................................... 48 SECTION 6 - SUBCONTRACTING.............................................................................................. 49 SECTION 7 - TIME OF WORK AND DAMAGES ........................................................................... 50 SECTION 8 - PROGRESS SCHEDULE......................................................................................... 51 SECTION 9 - TEMPORARY UTILITIES AND FACILITIES.............................................................. 51 SECTION 10 - PERMITS........................................................................................................... 51 SECTION 11 - CONDUCT OF WORK ......................................................................................... 52 SECTION 12 - RESPONSIBILITY FOR SITE CONDITIONS........................................................... 53 SECTION 13 - INSPECTION ...................................................................................................... 55 SECTION 14 - REJECTION OF MATERIALS................................................................................ 55 SECTION 15 - INTERPRETATION OF CONTRACT REQUIREMENTS ............................................. 55 SECTION 16 - CLARIFICATIONS AND ADDITIONAL INSTRUCTION ............................................ 56 SECTION 17 - PRODUCT AND REFERENCE STANDARDS............................................................ 57 SECTION 18 - SUBSTITUTIONS, MATERIALS, ARTICLES, AND EQUIPMENT................................ 57 SECTION 19 - SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES............................................... 58 SECTION 21 - CHANGE ORDERS.............................................................................................. 59 SECTION22 - LABOR.............................................................................................................. 62 SECTION 24 - PRESERVATION AND CLEANING......................................................................... 62 SECTION 25 - PAYMENT OF FEDERAL OR STATE TAXES ........................................................... 62 SECTION 26 - ACCEPTANCE .................................................................................................... 63 SECTION 27 - FINAL PAYMENT AND WAIVER TO CLAIMS ......................................................... 63 SECTION 28 - GUARANTEE PERIOD......................................................................................... 63 SECTION29 - WAGE RATES .................................................................................................... 64 SECTION 30 - UNDERGROUND SERVICE ALERT........................................................................ 64 SECTION 31 - ARCHAEOLOGICAL MATERIALS .......................................................................... 64 SECTION 32 - PAYMENT OF WITHHELD FUNDS........................................................................ 65 SECTION33 - DISPUTES......................................................................................................... 65 SECTION 34 - CLAIMS BY CONTRACTOR.................................................................................. 65 SECTION 35 - TOXIC AND HAZARDOUS MATERIALS AND WASTE.............................................. 68 SECTION 36 - EQUAL EMPLOYMENT OPPORTUNITY................................................................. 69 DIVISION G - TECHNICAL SPECIFICATIONS .................................................................................71 APPENDICES Appendix A - Asbestos and Lead Based Paint Surveys Appendix B - City of Pleasant Hill Permit and Ordinances Appendix C - Mitigated Negative Declaration Appendix D —Statement to Accompany Final Payment Appendix E - Concrete/Asphalt Removal Specification DIVISION A - NOTICE TO CONTRACTORS (Advertisement) Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of Public Works will receive bids for the furnishing of all labor, materials, equipment, transportation and services for: ABATEMENT AND DEMOLITION OF 1700 OAK PARK BLVD. General work description: The Oak Park Boulevard project will consist of abatement of asbestos and lead based paint and demolition of approximately 6 structures on an 8-acre parcel owned by Contra Costa County in Pleasant Hill, California. The site was the former Oak Park Elementary built in the 1950s. The site has been vacant for approximately 10 years. Engineer's Cost Estimate: $300,000.00 Bid Proposals shall be sealed and shall be submitted to the Public Works Director at 255 Glacier Drive, Martinez, CA 94553, on or before October 21, 2008 at 2:00 p.m., and will be opened in public immediately after the time due at 255 Glacier Drive, Conference Room "A", Martinez, California 94553. The prime contractor for this project shall hold a valid Class A and/or C21 Specialty Contractor license. J The work includes: Removal of asbestos containing material, demolition of all structures and fill and compact any and all below grade areas and/or voids located at 1700 Oak Park Blvd. in Pleasant Hill, California. Each bid is to be in accordance with the specifications on file at the Office of the Clerk of the Board of Supervisors, First Floor, County Administration Building, 651 Pine Street, Martinez, California. The abatement and demolition contract documents, and building as-built drawings may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, Monday - Thursday (7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.) (Fridays 8:00 a.m.-12:00 p.m. and 1:00 p.m. — 4:00 p.m.). To obtain these documents a service charge is required in the amount of $ 16.00 for the contract documents and $54.00 for the building as-built drawings (sales tax included). Contract documents and as-built plans may be ordered by mail for an additional shipping and handling fee of $ 3.00 for contract documents and $7.00 for As-builts. Checks shall be made payable to The County of Contra Costa' and be mailed to the above address. The Public Works Department does not guarantee the arrival of the plans and specifications in time for bidding. Plans and specifications will not be sent overnight mail. Division A Page 1 of 74 Technical questions regarding the contract documents should be directed to the Public Works Department, Real Property Division at telephone number (925) 313-2223. This project is to be advertised pursuant to Public Contract Code 22037. Each bid shall be made on the bid form issued with the specifications, and must be accompanied by bid security in the form of cash, a certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to "The County of Contra Costa'. The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and insurance certificates after being requested to do so by the County. Bidders are hereby notified that securities may be substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract Code Section 22300 and the General Conditions of the Contract. Such securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. Also, types of securities which are not listed in Government Code Section 16430 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax Collector before bid opening. Unless such securities are prequalified before bid opening, they shall not be accepted by the County as security. The successful bidder will be required to furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from an admitted surety insurer authorized by the Insurance Commissioner to transact business of insurance in the State of California. Each bond shall be issued on the form set forth in the specifications. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of worker or mechanic required to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. The Contra Costa County Board of Supervisors encourages opportunities to develop and support Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) by providing opportunities for participation in the performance of construction contracts financed in whole or in part with County funds. MBE, WBE, SBE, LBE, and DVBE definitions and detailed information are included in Division E of the Specifications. A pre-bid conference will be held on Monday,. October 6, 2008, at 10:00 a.m., at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, California. Discussion will cover recommended outreach efforts, resources and any other subjects of interest to attendees. Division A Page 2 of 74 "Because of the restrictive nature of the facility, the site will only be open for inspection by bidders on October 6, 2008. An inspection tour will be conducted on this date by a representative of the County's Real Property Division. The tour will begin promptly at 11:30 a.m., starting at the parking lot of 1700 Oak Park Blvd., Pleasant Hill, CA. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. Bids may not be withdrawn for a period of 37 days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY DAVID TWA, Clerk of the Board of Supervisors and County Administrator By: Deputy Dated: PUBLICATION DATES: Division A Page 3 of 74 DIVISION B - INSTRUCTIONS TO BIDDERS The bidder shall carefully examine the instructions contained herein and be satisfied himself as to the conditions with which bidder must comply prior to bid in submitting proposal, and to the conditions affecting the award of contract. SECTION 1 - COMPETENCE OF BIDDERS A. License: No bidder may bid on work of any kind for which he is not properly licensed, and any such bid received may be disregarded. See Division A, Notice to Contractors, for license classification required for this project. B. Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. C. County may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on this project. Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. SECTION 2 - SECURING DOCUMENTS A. Specifications may be secured at the place specified in Division A, "Notice to Contractors." SECTION 3 - EXAMINATION OF AS-BUILT PLANS (PLANS), SPECIFICATIONS, AND SITE OF THE WORK A. Contractor's Responsibility: The bidder shall examine carefully the site of the work, and the as- built plans and specifications therefor. Bidder shall investigate and be satisfied as to conditions to be encountered, the character, quality and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed and materials to be furnished, and as to the requirements of the proposal, plans and specifications of the contract. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information available to bidders is not to be construed in any way as a waiver of the provisions of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigation as to the actual conditions to be encountered. Division B Page 4 of 74 B. Responsibility For Utilities: As part of the responsibility stated in subdivision A. above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence of proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at Contractor's own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excavation so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division F of these Specifications. C. Discrepancies Or Errors: If omissions, discrepancies, or apparent errors are found in the Specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of an addendum to all bidders if time permits. Otherwise, in estimating the work, the bidders shall consider that any discrepancies or conflict within the specifications shall be governed by Section 15 of Division F of these Specifications. SECTION 4 - BIDDING DOCUMENTS A. Bids shall be made on the special Proposal (Bid Form) (See Division C of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, and in case of discrepancies the lower of the two shall govern; the signatures of all persons signed shall be in longhand. The completed form should be without interlineations, alterations or erasures. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these Specifications. B. Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. C. List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of 1 percent of total bid, in accordance with Section 4104 of the Public Contract Code. See Section 6 of Division F of these Specifications for further reference to subcontractors. D. Noncollusion Affidavit: Bidders shall execute, have notarized, and submit with their bid, the Noncollusion Affidavit form included in Division C, Proposal (Bid Form). Division B Page 5 of 74 E. Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check or a bidder's bond as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "The County of Contra Costa," in an amount equal to at least 10 percent (10%) of the base bid amount. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. Bid security will be held until either (1) the contract has been executed and bonds have been furnished, or (2) the specified time has elapsed so that bids may be withdrawn, or (3) all bids have been rejected. SECTION 5 - SUBMISSION OF PROPOSALS A. Proposals shall be submitted to the Clerk of the Board of Supervisors of Contra Costa County at the place indicated on the Bid Proposal. It is the sole responsibility of the bidder to see that the bid is received in proper time. B. All proposals shall be submitted under sealed cover, plainly identified as a proposal for the work being bid upon and addressed as directed in the Notice to Contractors and the Bid Proposal. Failure to do so may result in a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6 - WITHDRAWAL OF PROPOSALS A. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic request to withdraw a bid proposal is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7 - PUBLIC OPENING OF PROPOSALS Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION 8 - IRREGULAR PROPOSALS Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. If bid amount is changed after the amount is originally inserted, the change should be initialed. SECTION 9 - COMPETITIVE BIDDING A. If more than one proposal is offered by any individual, firm, partnership, corporation, association or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby Division B Page 6 of 74 disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. B. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10 - AWARD OF CONTRACT A. The right is reserved to reject any and all proposals. B. If the Proposal (Bid Form) includes bid alternates, the lowest bid will be determined as specified in the Bid Form (see Division C). C. The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein, including without limitation the requirements for the Outreach Program and Mandatory Subcontracting Minimum requirements (see Division E). Such award, if made, will be made within the time period during which bids may not be withdrawn as specified in Division A, Notice to Contractors. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting Minimum MSM Requirement 8% D. If the contract is awarded, but such award is later invalidated for any reason, all bids shall be deemed rejected and no other bidder shall be deemed eligible for contract award. Nothing in this section shall prevent the County from re-awarding the contract to another bidder in cases where a successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code, Sections 5100-5107). SECTION 11 - SPECIAL REQUIREMENTS A. The bidder's attention is invited to the following special provisions of the contract, all of which are detailed in the General Conditions (Division F) or other documents included in these Specifications. Division B Page 7 of 74 • Bonds • Insurance • Liquidated Damages • Guarantee • Inspection and Testing of Materials • Facilities to be Provided at Site • Assignment of Contract Prohibited • Outreach/Mandatory Subcontracting Minimum/Affirmative Action (See Division E). SECTION 12 - EXECUTION OF CONTRACT A. The contract (example in Division D) shall be signed by the successful bidder in duplicate counterpart and returned within ten (10) days of receipt, not including Saturdays, Sundays and legal holidays, together with the Contract Bonds and Certificates of Insurance. No contract shall be binding upon the County until it has been executed by the Contractor and the County. B. Should the contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed will be at contractors own risk and as a volunteer unless said contract is so approved. SECTION 13 - FAILURE TO EXECUTE CONTRACT 1. Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within ten (10) days, not including Saturdays, Sundays and legal holidays, after the successful bidder has received the contract for execution, shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract,.the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be re-advertised or may be constructed by day labor as provided by State law. Division B Page 8 of 74 (Bidder) DIVISION C - PROPOSAL (BID FORM) BIDS WILL BE RECEIVED UNTIL THE day of October 21, 2008, at 2:00 P.M. at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553. 1. To the Director of Public Works, Julia R. Bueren, Public Works Department: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Abatement and Demolition of 1700 Oak Park Blvd., Pleasant Hill, California, (Project No. 4500-6X5028) in strict conformity with the Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez, California, 94553, for the following sum: For the sum of: Dollars ($ ) In words In figures 2. It is understood that this bid is based upon completion of the work within 45 calendar days from and after the starting date as established by the Notice to Proceed. 3. It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, Contractor shall be liable to the Public Agency in the amount of $1,000.00 per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty; it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. 4. The undersigned has examined the location of the proposed work and is familiar with the Specifications and other contract documents and the local conditions at the place where the work is to be done. 5. The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. 6. The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or on behalf of any person not herein named, and that the undersigned has not directly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Division C Page 9 of 74 7. Attachments are: a. A list of the names and locations of the place of business of the subcontractors. b. Noncollusion Affidavit form. c. Bid security as required in the Notice to Contractors. Cash Bidder's Bond Cashier's Check Certified Check 8. The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum # dated Addendum # dated 9. Firm NOTE: Have you complied with the By Division E Print Name Signature Outreach Program and Mandatory Title Subcontractor Minimum Address requirements for this project? Phone: Fax: Federal Tax Payers I.D. or Social Security No. Dated this day of 120-. 10. Licensed in accordance with an act providing for the registration of Contractors: Classification and License No. , Expiration Date 11. Representations made herein are made under penalty of perjury. Division C Page 10 of 74 O p ,y r- � WO ui a@ sto i4 0 w0 O_ o- O E Otun O y a V, m (CS (f1 b R Z 0tnQ v '¢ � o ✓ N 9 <L sA A ° o �Q CO- OC- 0- CO r4 Q o O � v -O Co- CCD CCD Z N w c NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss County of ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly, or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Dated: Signed: NOTE: THIS FORM MUST BE NOTARIZED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below, before me, the undersigned Notary Public, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Dated: [NOTARIAL SEAL] Notary Public Division C Page 12 of 74 DIVISION D — ABATEMENT AND DEMOLITION CONTRACT DEMOLITION AND ABATEMENT CONTRACT SPECIAL TERMS. These special terms are incorporated below by reference. Parties: CONTRA COSTA COUNTY (Public Agency) (Contractor) License No. Effective Date: (See Section 4 for starting date.) The Work: Demolition and Abatement work of , as more particularly described in the"Scope of Services" section of the attached Appendix A, incorporated herein by reference. Completion Time: Liquidated Damages: $500 per calendar day. Public Agency's Agent: Julia R. Bueren, Public Works Director Total Contract Price: $ Federal Taxpayers I.D. or Social Security No.: SIGNATURES&ACKNOWLEDGEMENT. Public Agency, By: Date: Julia R. Bueren, Public Works Director, or designee Recommended By: Date: Ka_ren Laws, Principal Real Property Agent Approval as to Form: Silvano B. Marchesi, County Counsel By: Date: Deputy Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) (CORPORATE SEAL) By: (Designate official capacity in the business) Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer, (Civ. Code, Sec. 1190 and Corps. Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Dated: Notary Public Division D Page 13 of 74 WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as - set forth in this contract, incorporating by these references the material ("special terms") in Section 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with any plans, drawings and specifications provided by Public Agency. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Section 7 without such an order. The Public Works Director or designee is authorized to execute all change orders as tong as the total cost of such change orders, in addition to the payment amount in Section 7 below, do not exceed the total contract payment limit specified in Section 1. 4. NOTICE TO PROCEED. Contractor shall start this work as directed in the Notice to Proceed; and shall complete it as specified in Section 1. Once Contractor begins work, said demolition and abatement work shall be prosecuted diligently and continuously each working day until completed. Work shall not be suspended for more than three working days, except for conditions beyond the control of Contractor. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions, if any, that are part of a call for bids by the Public Agency, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to cooperate, so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1. 7. PAYMENT. In consideration of Contractor's strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency will pay the Contractor the sum of$ Public Agency will pay Contractor for the demolition and abatement work specified in the Notice to Proceed 35 days after Public Agency accepts the work as complete by recording a Notice of Completion of the work and providing Contractor with a certificate, provided Contractor shows that all claims for labor and materials have been paid, no claims have been presented to Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. The Public Works Director or designee will execute and record the Notice of Completion. B. PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency will use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. Division D Page 14 of 74 9. INSURANCE. (Labor Code Sections 1860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or(2) a certificate of Workers' Compensation insurance issued by an admitted insurer, or(3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. In addition to securing the payment of worker's compensation, Contractor shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) General Liability Insurance with minimum coverage of $1,000,000 and a maximum deductible of $25,000; including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, its governing bodies, officers and employees as additional insureds. Contractor shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage., 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval a Payment Bond in an amount equal to 100% of the contract price and a Faithful Performance Bond in an amount equal to 100% of the contract price, said bonds to be secured from an admitted surety insurer authorized by the Insurance Commissioner to transact the business of insurance in the State of California. Each bond shall be issued in the form set forth in the attached Appendix B, incorporated herein by reference. 11. FAILURE TO PERFORM, If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workers to complete this agreement and work as provided herein, for a period of 3 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. In the event that Contractor fails to perform any of the services described in this contract or otherwise breaches this contract, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this contract shall not be subject to non-judicial arbitration. 12. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND PERMIT REQUIREMENTS. Contractor shall: (a) Observe and comply with all laws, ordinances, and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. Contractor's work shall meet the requirements of Contra Costa County Ordinance Code, Title 7, and all other applicable codes, regulations and laws. Contractor shall, at no cost to Public Agency, apply for and obtain all relevant permits and licenses necessary to perform the demolition and abatement work required under this Contract and will comply with all such permit requirements, including any applicable environmental requirements issued by the EPA or other regulatory agency. (b) Observe and comply with Chapter 1 of Part 7 of Division 2 of the Labor Code (beginning with Section 1720, and including Sections 1735, 1777.5, and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Sections 1775 and 1813 concerning prevailing wages and hours, as well as Section 1776 concerning certified payroll records, shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of worker needed to execute this contract, and said rates are as specified in the call for bids for this work or are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft, classification or type of work(except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. Division D Page 15 of 74 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. CLAIMS BY CONTRACTOR: Pursuant to Public Contract Code Section 20104(a), all claims by Contractor of$375,000 or less are subject to Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code, which is set forth in the attached Appendix C, incorporated herein by reference. 18. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 19. ASSIGNMENT. The agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 20. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 21. INDEMNIFICATION. Contractor shall indemnify, defend, save, protect and hold harmless the Public Agency, its governing body, elective and appointed boards, and commissioners, officers, employees, representatives and agents ("Indemnitees' from any and all demands, losses, claims, costs, suits, liabilities and expenses for any damage, injury or death, including any cost or expense related to the response, removal or remediation of hazardous materials as hereinafter defined, (collectively "Liability's arising directly or indirectly from or connected with the matters covered by this contract which is caused, or claimed or alleged to be caused, in whole or in part, by the acts, omissions, negligent conduct or wilful misconduct of the Contractor, its officers, employees, agents,contractors, subcontractors, or any person under its direction or control and will make good to and reimburse Indemnitees for any expenditures, including reasonable attorney's fees, the Indemnitees may make by reason of such matters and, if requested by any of the Indemnitees, will defend any such suits at the sole cost and expense of Contractor. Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. The Contractor's obligations under this section shall exist regardless of whether any Indemnitee.has prepared, supplied or approved any plan(s) or specification(s) in connection with the work which is the subject of this agreement or has insurance or other indemnification covering any of these matters. Except as prohibited by Civil Code section 2782, the Contractor's obligation under this section shall exist regardless of the existence or degree of fault of any indemnitee. This indemnification clause shall survive the termination or expiration of this Agreement. 22. EXCAVATION. (a) Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, for contracts involving an estimated expenditure in excess of$25,000 and excavation of any trench or trenches five feet or more in depth, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (b) For contracts involving digging trenches or other excavations that extend deeper than four feet below the surface, the following applies; (A) The Consultant shall promptly, and before the following conditions are disturbed, notify the Agency, in writing, of any: (1)Material that the Consultant believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2)Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. Division D Page 16 of 74 (3)Unknown physical conditions at the site of any unusual nature, different materially. from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. (B) The Agency shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Consultant's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. (C) In the event that a dispute arises between the Agency and the Consultant whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Consultant's cost of, or time required for, performance of any part of the work, the Consultant shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Consultant shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 23. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and retain, for a period of at least five years after Contractor's receipt of the final payment under this contract, all records relating to this contract or to the work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records, job reports and diaries, receipts, invoices, cancelled checks and financial records. Upon request by Public Agency, at no additional charge, Contractor shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 24. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 25. ENDORSEMENTS. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 26. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior, written agreement with the affected property owner(s). 27. STATUS. Contractor is an independent contractor, and shall not be considered an employee of Public Agency. 28. ASSUMPTION OF RISK. Contractor assumes all risk and responsibility in the demolition/removal operations, including any damages or loss by vandalism. Contractor acknowledges that the demolition and removal work involves certain risks and expressly releases Public Agency, its officers and employees, from any and all liability for death, personal injury, sickness or property damage to Contractor, Contractor's employees or any other person resulting from or in any way connected with, the services covered by this contract. 29. OWNERSHIP OF DEMOLITION MATERIAL. Upon agreement by both parties of a contract price for the demolition work of a specific property, all buildings, material and structures to be demolished and removed will become the property of Contractor, to be disposed of off the site as Contractor sees fit. Public Agency will incur no liability for any building, materials or structures that are removed from the property. This provision shall not apply to treasure trove or other intrinsically valuable material. 30. LICENSES. Contractor represents that Contractor possesses any contractor's license necessary to perform the services described in this contract and, prior to commencing work will furnish evidence of any such license to the Agency. 31. BIDS. The Agency reserves the right to reject any and all bids. 32. AMENDMENTS. This contract may be modified or amended only by a written document executed by both parties. Division D Page 17 of 74 33. NOTICES: All notices (including requests, demands, approvals or other communications) under this contract shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: L When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. ii. When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. iii. When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. iv. When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this contract shall be as follows: Public Agency: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94533 Telephone: (925) 313-2228 Contractor: or to such other addresses as Agency and Contractor may respectively designate by written notice to the other. Division D Page 18 of 74 APPENDIX A Scope of Services In consideration for payment hereunder, Contractor will: 1. Abate, remove and dispose of offsite all structures, improvements and material, including, but not limited to, the following and as referenced in Appendix E: • Building(s), covered walkways, and all underground foundation and any subsurface structures such as wells • Wood fencing between structures • Concrete slabs, walkways and footings • Aggregate Base Concrete and Asphalt Concrete as specified in Appendix E Trees surrounding structures • Shrubs surrounding structures • Cap existing utility pipes, if any at the main. In the event sewer lines are capped, Contractor shall provide documentation from the servicing sanitary district that such sewer laterals were capped to the satisfaction of such sanitary district. • Site furnishings • Readjust existing utility structures rim/grate elevation if necessary • Contractor will fill and compact any below grade areas and voids resulting from work, if any, and will clear and grub and rough gradethe surface to match the surrounding ground level of the site and drain without ponding. There may not be sufficient material on site to properly fill the voids and grade the site to drain. The Contractor shall furnish imported borrow as needed. Imported borrow shall be of a quality suitable for the purpose intended, free of organic matter or other unsatisfactory material and shall meet the following requirements: H ' > 5.5 > 7.3 Z Water Soluble Sulfate < 0.2% Resistivity R 1 > 3000 ohm cm z 1 Per California Test 532 & 643. 2 For backfill around metal pipe/conduit. 3 Reported as 504. Division D Page 19 of 74 Imported borrow shall be mineral material including sand, gravel, or earth. The Contractor shall not use man-made refuse in imported borrow including: _ A. Portland cement concrete, B. Asphalt concrete, C. Material planed from roadway surfaces, D. Residue from grooving or grinding operations, E. Metal, F. Rubber, G. Mixed debris, H. Rubble • Remove any and all combustible material • Remove all basketball hoops and baseball backstops • Any and all debris within and around structures • All air conditioning units 2. Sidewalk along Monticello Avenue must stay in place. Should any damage occur to the sidewalk as a result of Contractor's work under this contract, Contractor shall make the necessary repairs as directed by County inspector 3. Hazardous Materials A) Definition. As used herein, "Hazardous Materials" means any hazardous or toxic substances, material, or waste at any concentration that is or becomes regulated by the United States, the State of California or any local government authority having jurisdiction over the Premises. Hazardous Materials includes: Any "hazardous substance," as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C, sections 9601 et seq.); • Hazardous waste" as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C., sections 6901 et seq.); • The Hazardous Materials Transportation Act, 49 USC §1802 et seq.; • The Resource Conservation and Recovery Act, 42 USC §1802 et seq.; • The Clean Water Act 33 USC §1251 et seq.; • California Health and Safety Code §§ 25225, 25117, 25249, 25281, & 25316 • The Clean Air Act, 42 USC §7901 et seq.; • Any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance or requirement; • Petroleum products; • Radioactive material; • Asbestos in any form or condition; and • Polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. Division D Page 20 of 74 B) Requirements. Contractor will not cause or permit any Hazardous Material, as defined in this Division G, to be generated, brought onto, used, stored or disposed of in or about the premises by Contractor, its agents, employees, contractors, sublessees or invitees. Contractor will abate, remove and dispose of all Hazardous Materials identified in a written surveys included in Appendix A in full compliance with all applicable local state and federal laws, regulations and permit requirements relating to the removal and disposal of hazardous materials, including but not limited to maintaining compliance documentation, satisfying disposal notification and certification requirements, and following all applicable laws related to the labeling, storage and transportation of hazardous materials. Contractor must use best management practices as referenced in the Mitigated Negative Declaration and attached as Appendix C. C) Release. Should any release, discharge, leakage, or spillage of Hazardous Material occur as a result of Contractor's work under this contract, Contractor shall immediately notify Public Agency and all government agencies with jurisdiction. If the release, discharge, leakage or spillage was caused by the acts, omissions, negligent conduct or willful misconduct of the Contractor, its officers, employees, agents, contractors, subcontractors, or any person under its direction or control, Contractor, at its sole cost and expense, shall clean all property affected thereby, whether owned, controlled or possessed by the Public Agency or any third party, to the reasonable satisfaction of Public Agency and any governmental agency having jurisdiction thereover, and take all appropriate remedial actions in compliance with all applicable laws. 3. Site Preparation A) Traffic: Conduct demolition and site clearing operations to ensure minimum interference with adjacent occupied or used facilities without closing or obstructing streets or other occupied or used facilities without permission from authorities having jurisdiction. B) Protection of Existing Improvements: It is Contractor's responsibility to provide protection necessary to prevent damage to existing improvements indicated to remain in place. L Protect improvements on adjoining buildings and facilities ii. Restore damaged improvements to their original condition, as acceptable to property owners, at Contractor's expense. 4. Explosives. Contractor is prohibited from using explosives in the performance of this contract. 5. Pollution Controls A) Observe environmental protection regulations. Division D Page 21 of 74 B) Dust Control — Protect the public from dust nuisance and property from dust damage. Contractor shall keep the entire site of the work, inclusive of vehicular and pedestrian traffic routes through the work, continuously free of dirt and dust by adequate periodic blading, power brooming, watering, applying dust palliative or other approved means. 6. Disposal A) Promptly dispose of materials resulting from demolition operations and not allow materials to accumulate on site. B) Transport materials resulting from demolition operations and legally dispose of off the County's property. Division D Page 22 of 74 APPENDIX B PERFORMANCE BOND -- PUBLIC WORK Bond No. Premium Any claim under this Bond should be Sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we As Principal. and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , 20 , with the Obligee to do and perform the following work, to wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety, their heirs, executors, administrators, successors and assigns, jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this. bond. SIGNED AND SEALED, this day of 120 (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) Division D Page 23 of 74 APPENDIX B PAYMENT BOND -- PUBLIC WORK [Civ. Code, §§ 3247 - 3248] Bond No. Premium Any claim under this Bond should be Sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we. As Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , 20 , with the Obligee to do and perform the following work, to wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this day of 120 (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) Division D Page 24 of 74 APPENDIX C ARTICLE 1.5 Resolution of Construction Claims §20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a'claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. §20104.2. For any claim subject to this article, the following requirements apply: r (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Division D Page 25 of 74 (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. §20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any parry, order any witnesses to participate in the mediation or arbitration process. §20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Division D Page 26 of 74 ..h The Contra Costa County Board of Supervisors encourages opportunities to develop and support Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) by providing opportunities for participation in the performance of construction contracts financed in whole or in part with County funds. MBE, WBE, SBE, LBE, and DVBE definitions and detailed information are included in Division E of the Specifications. A pre-bid conference will be held on Monday, October 6, 2008, at 10:00 a.m., at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, California. Discussion will cover recommended outreach efforts, resources and any other subjects of interest to attendees. **Because of the restrictive nature of the facility, the site will only be open for inspection by bidders on October 6, 2008. An inspection tour will be conducted on this date by a representative of the County's Real Property Division. The tour will begin promptly at. 11:30 a.m., starting at the parking lot of 1700 Oak. Park Blvd., Pleasant Hill, CA. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. Bids may not be withdrawn for a period of 37 days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY DAVID TWA, Clerk of the Board of Supervisors and County Administrator By: Deputy Dated: PUBLICATION DATES: • DIVISION E - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING MINIMUM/AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY FOR USE ON COUNTY-FUNDED CONSTRUCTION CONTRACTS OF $100,000 AND GREATER SECTION 1 - OUTREACH PROGRAM A. General This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veteran Business Enterprises (DVBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County-funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. B. MB!_/WBE/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. C. Definitions For purposes of this program, the following definitions shall apply: 1) "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: a. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and b. A business whose management and.daily business operations are controlled by one or more minority persons or women. 2) "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. 3) "Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). 4) "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. Division E Page 27 of 74 5) "Minority, person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). 6) "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 7) "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 8) "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 9) "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. 10) "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. 11) 'Broker" means a firm that charges for providing a bona fide-service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. Certification and Participation of Minority and Women.Business Enterprises 1) If recognition is to be given to MBE/WBE participation on this project, within three (3) working days after bid opening, an MBE/WBE must be: (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies-State of California Department of Transportation (Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. Division E Page 28 of 74 Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: a. Contra Costa County Affirmative Action Office, 651 Pine Street, 11th Floor, Martinez, CA 94553 Telephone: 925-335-1045 Fax: 925-335-1098 Webpage: http://www/co.contra-costa.ca.us Look for: "Doing Business With Us" b. City of Oakland Office of City Manager, Contract Compliance & Employment Services 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 Telephone: (510) 238-3970 Fax: (510) 238-3363 c. Los Angeles County Metropolitan Transportation Commission Equal Opportunity, Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (213) 922-2600 Fax: (213) 922-7660 d. Port of Oakland 530 Water Street, Oakland, CA 94607 Telephone: (510) 627-1657 Fax: (510) 451-1656 e. Regional Transit Coordinating Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 891-7176 Fax: (510) 891-4724 Email: sandy@pacbell.net BART (Bay Area Rapid Transit District) Telephone: (510) 464-6110 Fax: (510) 464-7587 Email: jmackl@bart.dst.ca.us County Connection (Central Contra Costa Transit Authority) Telephone: (925) 676-1976 Fax: (925) 686-2630 Email : madrigal@cccta.org Division E Page 29 of 74 Metropolitan Transportation Commission Telephone: (510) 464-7777 Fax: (510) 464-7848 Email: bcecch@mtc.ca.us Samtrans (San Mateo County Transit District) Telephone: (650) 508-7939 Fax: (650) 508-7738 San Francisco Municipal Railway/San Francisco Public Transportation Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 952-4105 Fax: (408) 955-0892 Email: andy.flores@vta.org f. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415) 252-2500 Fax: (415) 431-5764 Webpage: http://www.sfhumanrights.org/ (Note: Firm must be listed on their certification list, not their registry). g. Caltrans (California Department of Transportation) Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814 Webpage: http:/www.dot.ca.gov/hq h. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 94105-2939 Telephone: (415) 744-6843 Webpage: http://www.sba.gov 2) This applies to recognition as an MBE/WBE. a. All listed MBE or WBE firms must be certified as defined under the preceding paragraph. b. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBEs through subcontracting. Division E Page 30 of 74 Name of the company called; contact person and telephone number; date and time of contact. Response for each item of work which was solicited, including dollar amounts. Reason for selection or rejection of sub-bid prospect. b. The Contractor shall submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. H. Sub-Agreement Falsification Falsification or misrepresentation of a sub-agreement as to company name, contract amount, and/or actual work to be done by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors. I. Final Subcontracting Report Submittal/Verification of Performance Forms The Contractor must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar day by the Board of Supervisors. Upon completion of work, the Contractor shall submit a completed "Verification of Performance" form (see sample form at end of Division E) for each MBE/WBE prime contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work performed and the actual dollar amount received. Final payment for work done may be withheld until all MBE/WBE Verification of Performance forms are received. The Prime Contractor must explain in writing any total dollar amounts paid to MBE/WBE subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of Intent. J. Review of Records Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. K. Prompt Payment The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. Division E Page 36 of 74 subcontractor, supplier, manufacturer, or trucker intends to perform. The form shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. F. Award of Contract The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in this Division E and to waive any other irregularities relating to compliance with the County's Outreach Program. G. Subcontractor Substitution In- addition to the requirements set forth in the, provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: 1) Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. a. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. b. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker, or manufacturer, and the name of the replacement. 2) MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). a. The Contractor shall call at lease two (2) certified MBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: Division E Page 35 of 74 Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to interested subcontractors. 8 I CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 110Points The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs not less than fifteen (15) calendar days prior to the submission of bids. Any organizations which have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 1 NEGOTIATE IN GOOD FAITH 126 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE/DVBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 1 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 17 Points The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidders's efforts to assist with bonds, lines of credit, and insurance. No later than three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form at end of Division E). Use of the form will verify the amount of work each MBE/WBE Division E Page 34 of 74 insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential respondents. 5 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A,copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph D.1 above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 1 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone logs. These logs must include the name of the company called, telephone number, contact person, who did the calling, time; date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 1 PLANS, SPECIFICATIONS AND REQUIREMENTS 15 Points The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid/subcontracting work. Division E Page 33 of 74 I OUTREACH PARTICIPATION AND MSM No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 2 ATTENDED PRE-BID MEETING 10 Points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid meeting that it was already informed as to those project requirements. Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter prior to the pre-bid meeting either by fax to (925) 646-0288 or by mail to Contra Costa County Public Works Department, Real Property Division, 255 Glacier Drive, Martinez California 94553. 3 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 13 Points The bidder has identified, listed and selected specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. Upon making this determination, the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 4 ADVERTISEMENT 9 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or Division E Page 32 of 74 c. A listed MBE or WBE firm must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor, unless the vendor manufactures or substantially alters the materials/supplies. e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. f. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. Good Faith Effort Documentation The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. Indicator 1 2 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator(2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. Division E Page 31 of 74 SECTION 2 - MANDATORY SUBCONTRACTING MINIMUM A. General This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. B. Mandatory Subcontractinct Minimum Particiaation Level To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. C. Definitions For purposes. of this program, the following definitions shall apply: 1) "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 2) "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 3) "Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 4) "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. 5) 'Broker" means a firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of Division E Page 37 of 74 essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. MSM Participation Recognition 1) Work performed by a prime contractor will not be considered for credit toward the MSM participation level. 2) MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies. 3) MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 100 percent. 4) MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 5) MSM credit Shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. Division E Page 38 of 74 SECTION 3 - AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 and these special provisions. A. Employment Goals 1) On projects of $1,000,000 or more it shall be the goal of each contractor and subcontractor to ensure that the overall minority composition of all persons employed specifically for the purpose of completing this contract shall reflect the overall minority composition of the labor force of Contra Costa County (25.7%) and 6.9% of the labor force for women employed specifically for the purpose of completing this contract. This requirement does not apply to current employees used on this contract. 2) The contractor shall make a maximum effort to achieve this employment goal within each trade by ensuring that the percentage of total hours worked within each trade by persons who are members of minority groups and women are in proportion to the overall minority composition of the Contra Costa County labor force population. 3) The goals shall apply to the contractor and all subcontractors regardless of how they are selected. B. Specific Affirmative Action Steps 1) No contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals. The Contractor and subcontractor shall be given the opportunity to demonstrate that they have instituted these Specific Affirmative Action Steps and have made every "good faith effort" to make these steps work toward the attainment of the above employment goals. The contractor shall inform its subcontractors of their respective obligations under the terms and requirements of these special provisions. 2) The Contractor's and subcontractors' Affirmative Action Program must include specific affirmative action steps to increase minority and women utilization. Any contractor who fails to meet the employment goals outlined in Paragraph A "Employment Goals", above, must demonstrate to the satisfaction of the Contract Compliance Officer that a "good faith effort" was made to meet these goals. This effort must be at least as extensive and specific as the following: a. The Contractor shall notify the union (hiring hall) in writing that the employment goal of this project is not being met, and the Contractor shall solicit the union's assistance in meeting the specified goals. b. The Contractor shall make specific and continuing personal recruitment efforts, both written and oral, directed at minority, female and community organizations, schools Division E Page 39 of 74 with minority and female students, minority and female recruitment organizations, and minority and female training organizations within the greater San Francisco Bay Area. c. The Contractor shall notify the Contract Compliance Officer whenever the union or unions with whom the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or female in response to a request sent by the Contractor to the union or whenever the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet the specified employment goals. d. The Contractor shall actively participate as an individual or through. an association in joint apprenticeship programs, and the Contractor shall, where reasonable, develop on-the-job training opportunities and programs which expressly include minorities and females. e. The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. f. The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. g. The Contractor shall maintain a file of the names, addresses and telephone numbers of minority and female workers referred to said Contractor, what actions were taken with respect to each referred worker, and if the worker was not employed, the reasons why. For each such worker not employed by the Contractor, the Contractor's file shall document the reasons. h. The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of . organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. i. The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to explain and discuss policy; by posting of the policy; and by specific review of the policy with minority and female employees. j. The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the Contractor in meeting EEO obligations; by informing and discussing it with all recruitment sources; by advertising in the news media, specifically including Division E Page 40 of 74 minority and female news media; by notifying and discussing it with all subcontractors and suppliers. k. The Contractor shall ensure that all facilities and company activities are nonsegregated. If necessary, changing facilities shall be provided to assure privacy between the sexes. I. The Contractor shall conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage such employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. The Contractor shall review, at least annually, the company's EEO policy. Upon request by the Contract Compliance Officer, the Contractor shall provide copies of documentation that a "good faith effort" was made. C. Reporting Requirements The provisions in Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender status on a form acceptable to the Contract Compliance Officer. Forms shall be submitted weekly to the Contract Compliance Officer. When payroll records are required, this information may be included on certified payroll records using California Department of Industrial Relations Public Works Payroll Reporting Form A-1-131. Division E Page 41 of 74 D. Enforcement The Contract Compliance Office will review Contractor's and subcontractor's "project' employment practices during the performance of the work. 1) Determination of Noncompliance: If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and Equal Employment Opportunity" special provisions, Division F General Conditions, Section 36 Equal Employment Opportunity or Labor Code Section 1735 by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of determining whether the Contractor is indeed out of compliance. If after the meeting the Contract Compliance Officer finds the Contractor out of compliance, the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrator's determination, the Contractor may appeal, in writing, to the Board of Supervisors. If the Board of Supervisors concurs that there has been a violation, the Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem a finding of willful violation of the California Fair Employment Act by the Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions provided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 2) Sanctions: A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: a. Withhold an additional (10%) of all further contract progress payments until the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. b. Suspend the contract until such time as the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. All expenses, including liquidated damages shall be paid by the Contractor for any resultant delays. c. Cancel the contract and collect appropriate damages from the Contractor. d. Declaration that the Contractor is non-responsible and is ineligible to make bids on future County contracts until the Contractor can demonstrate to the satisfaction of the Board of Supervisors that the violation has been corrected. Division E Page 42 of 74 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax (925) 335-1098 A. LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/ SUPPLIER / MANUFACTURER /TRUCKER Name of Prime Contractor Name of Project Project Number The undersigned is a (check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. _ MBE _ WBE SBE LBE DVBE _ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier _ Supplier _ Supplier _ Supplier _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer _ Trucker _ Trucker Trucker _ Trucker _ Trucker Other(describe) _ Other(describe) _ Other(describe) _ Other(describe) _ Other(describe) None of the above apply The undersigned is prepared to perform the following described work in connection with the above project (specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number/Fax Number Division E Page 43 of 74 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax (925) 646-1353 B.VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT Name of Prime Contractor Name of Project Project Number The undersigned performed work in connection with the above project as (check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE _ WBE _ SBE _ LBE _ DVBE Subcontractor Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier _ Supplier _ Supplier _ Supplier Manufacturer _ Manufacturer _ Manufacturer Manufacturer _ Manufacturer Trucker Trucker _ Trucker _ Trucker _ Trucker Other(describe) _ Other(describe) _ Other(describe) _ Other(describe) _ Other(describe) None of the above apply The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): Total Bid to Prime Contractor or Consultant: $ Total Amount Received: $ Explain any difference between lines #7 and #8 by attaching a written explanation. Signature Position/Title Date Name of Person Completing this Form Company Name Phone Number FAX Number Division E Page 44 of 74 DIVISION F - GENERAL CONDITIONS SECTION 1 - DEFINITIONS Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum - A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement - The written document of agreement, executed by the County and the Contractor. Architect or Engineer - Shall mean the architect, engineer individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean the Director of Public Works, or authorized representative. Bidder - Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors - Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order - Is any change in contract time or price and any change in contract documents not covered by subcontractors. Project Inspector Construction Supervisor, Inspector, or Clerk of the Works - Shall mean the authorized agent of the County at the site of the work. Contract - The contract is comprised of the contract documents. Contract Documents - The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor - The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered into a contract with the County. Coun - Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Division F Page 45 of 74 General Notes - The written instructions, provisions, conditions, or other requirements appearing in the specifications, and so identified thereon, which pertain to the performance of the work. Plans - The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications - The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor - An individual, partnership, corporation, association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent - The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the County or its authorized agents and to execute and direct the work on behalf of the Contractor. Supplemental Instruction - An instruction given during the course of the work (See Section 16-B). Work - The furnishing and installing of all labor, materials, articles, supplies, and equipment as specified, designated, or required by the contract. SECTION 2 - GOVERNING LAWS AND REGULATIONS A. The Contractor shall keep informed of and observe, and comply with and cause all of his/her. agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws which in any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code, the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing in these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Work shall meet the requirements of Contra Costa County Ordinance, Title 7. C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The Contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it Division F Page 46 of 74 contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body to whom authority'to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. 'The terms 'public works' and 'awarding body', as used in this section shall have the same meaning as in Labor Code Section 1720 and 1722 respectively." SECTION 3 - PATENTS AND ROYALTIES A. The Contractor shall provide and pay for all licenses and royalties necessary-for- the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on completion of the work, if required. SECTION 4 - CONTRACTOR'S RESPONSIBILITY FOR WORK AND PUBLIC UTILITIES A. The Work; Until the formal acceptance.of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor, at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities 1) The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concerning same for which the County may be liable. 2) Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill Division F Page 47 of 74 in all openings in masonry, grouting the same watertight, and leave in a finished condition. 3) All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5 -BONDS AND INSURANCE A. The Contractor to whom the work is awarded shall within the time specified in Division B, Instructions to Bidders, enter into a contract with the owner on the Contra Costa County Demolition Contract for the work in accordance with the Specifications, and shall furnish and file at the same time payment and performance bonds as set forth in the advertisement for bids, on forms set forth in Division D of these Specifications. B. Compensation Insurance The Contractor shall take out and maintain during the life of this Contract, adequate Workers' Compensation Insurance for all his/her employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workers' Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workers' Compensation statute, or in case there is no applicable Workers' Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. Public Liability and Property Damage Insurance The Contractor, at no cost to Public Agency, shall obtain and, maintain during the term hereof, Comprehensive Liability Insurance, including Broad Form Property Damage and Blanket Contractual Liability, with a minimum combined single-limit coverage of $1,000,000.00, and coverage for owned and non-owned automobiles, with a minimum combined single-limit coverage of $500,000.00 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage, naming as additional insured Public Agency, and its elective and appointive boards, commissions, officers, agents, and employees together with any additional persons and entities, if any, and requiring 30 days' written notice of policy lapse or cancellation, non-renewal, or material change in coverage. Division F Page 48 of 74 D. Certificates of Insurance Certificates of such Workers' Compensation, General Liability, Property Damage Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given to Contra Costa County. E. Performance Bond One bond shall be in the amount of one hundred percent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Said bond shall be issued on the form set forth in Division D of these Specifications. F. Payment Bond One bond shall be in the amount of one hundred percent (100%) of the Contract-price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this contract and of all amounts under the Unemployment Insurance Act. Said bond shall be issued on the form set forth in Division D of these Specifications. SECTION 6 - SUBCONTRACTING A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give personal attention to the fulfillment of this contract and shall keep the work under contractor's control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer, the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. Division F Page 49 of 74 D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcontractors must be in accordance with the provisions of the "Subletting and Subcontracting Fair Practices Act" beginning with Section 4100 of the Public Contract Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 percent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7 - TIME OF WORK AND DAMAGES A. The County will designate the starting day of the contract on which the contractor shall begin no later than 21 days after award of project and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. B. If the work is not completed within the time required, damage will be sustained by the County. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in writing. D. Written requests for contract time extensions, along with adequate justification, shall be submitted to the County not later than 10 calendar days following the delay. E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorize a suspension of work, the time of such suspension will be added to the time allowed. for completion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. Division F Page 50 of 74 SECTION 8 - PROGRESS SCHEDULE Prior to beginning work the Contractor shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. The Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. (Normally, a new schedule will be requested when schedule is more than thirty (30) days in error). SECTION 9 - TEMPORARY UTILITIES AND FACILITIES A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. B. The Contractor, at own cost, shall furnish and install all meters, all electric light and power equipment and wiring, all gas meters, gas equipment and piping that is necessary to perform work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall provide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being performed. This D. temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, Project Inspector, or any other authorized representative of the County whenever required for inspection. E. The Contractor shall provide and maintain for the duration of the work, temporary restroom facilities for the workers. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weathertight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by restroom facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. SECTION 10 - PERMITS A. The Contractor shall apply for all permits that are required for the performance of work by all laws, ordinances, rules, regulations, or orders, of anybody lawfully empowered to make or issue Division F Page 51 of 74 the same and having jurisdiction, and shall give all notices necessary in connection therewith. The approximate fee for the demolition Permit is $3350. See Appendix B for City of Pleasant Hill's Application for Permit and Construction and Demolition Debris Recycling Ordinance Waste Management Plan (WMP) and Construction and Demolition Debris Ordinance. B. Building Inspection agencies, whether state, county or city, are separate entities from the public agency referred to in the Contract and elsewhere in the bid documents. The Contractor shall assume no special consideration will be given by the building inspection agency having jurisdiction simply because the Contract is with a public agency. C. Contractor shall be responsible for determining all inspection requirements of any building inspection, utility, fire district or other permitting agency having jurisdiction over the work and shall include in the progress schedule required by Division F General Conditions, Section 8 "Progress Schedule", time periods for activities including, but not limited to: inspections by building inspection departments and fire districts, and/or boiler inspections. SECTION 11 - CONDUCT OF WORK A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and shall at all times conduct work so as to impose no hardship on the County or others engaged in the work. Contractor shall adjust, correct and coordinate work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times until the job is accepted by the County. This superintendent shall be empowered to act in all matters pertaining to the work. D. Daily Manpower Reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. Contractor shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction, if applicable. F. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. i Division F Page 52 of 74 G. The Contractors shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the Contractor. J. If any subcontractor or person employed by the Contractor shall appear to the Agent/Engineer to be incompetent or to act in a disorderly or improper manner, -he/she shall be -discharged immediately on the written request of the Agent/Engineer, and such person shall not again be employed on the project. K. Once having started the work, the Contractor shall proceed with dispatch and without interruption until the project is completed. L. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated 'in accord with recommended safety provisions established by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall protect hazards with adequately constructed guard rails and/or barricades and shall provide lanterns, warning lights, and the like, as necessary. The Contractor shall eliminate attractive nuisances from the work and from the site. To this end he shall so dispose, store, guard, and protect the premises and all work, materials, equipment and both permanent and temporary construction as to preclude the unauthorized use thereof by children or others and particularly to eliminate possible consequent injury to unauthorized persons. M. Activities which are inherently loud and which might disturb neighbors (such as use of helicopters to hoist materials and equipment; use of earth moving equipment; use of pile driving equipment) shall not begin before 8:00 a.m. and shall not continue past 6:00 p.m. N. In no case shall the County be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the other work nor shall the County be responsible for Contractor's failure to employ proper safety procedures. SECTION 12 - RESPONSIBILITY FOR SITE CONDITIONS The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 3, in the Instructions to Bidders: Division F Page 53 of 74 A. If, during the course of the work, the Contractor encounters active utility installations which are indicated in the specifications, or which are found in a location substantially different from that specified, and such utilities are not reasonably apparent from visual examination, then he/she shall promptly notify the County in writing. Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, electric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, damage or delay to him/her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he/she,shall be liable for any or all damage to such utilities or other work of the contract which arises from his/her operations subsequent to discovery thereof, and he/she shall repair and make good such damage at his/her own cost. B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimensions of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment to contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay due to the presence of such unsuitable bearing material or other obstruction. Division F Page 54 of 74 SECTION 13 - INSPECTION A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notifying the County where and when -such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the _Contractor intends to perform work on Saturday, Sunday, or a legal holiday, Contractor shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. C. The inspection of the work or materials shall not relieve the Contractor of any obligations to fulfill the contract as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected or that payment has been made. D. Construction review of the Contractor's performance by the County is not intended to include the review of the adequacy of the contractor's safety measures, in, on, or near the construction site. SECTION 14 - REJECTION OF MATERIALS A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days thereafter, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15 - INTERPRETATION OF CONTRACT REQUIREMENTS A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. Division F Page 55 of 74 B. Conflicts in the Contract Documents: In case of discrepancies or conflicts in information or requirements within the specifications the most expensive requirement shown or specified shall be the basis of the contract. C. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good construction, such detail shall be deemed to have been implicitly required by the contract documents in accordance with such standard. 1. "Minor detail" shall include the concept of substantially identical components, where the price of each such component is small even though the aggregate cost or importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. 2. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16 - CLARIFICATIONS AND ADDITIONAL INSTRUCTION A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents, or if it appears to Contractor that the work to be done or any matters relative thereto are not sufficiently detailed or explained in the contract documents, then, before proceeding with the work affected, shall immediately notify the County in writing through the Principal Real Property Agent, and request interpretation, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, Contractor shall remove and replace or adjust any work which is not in accordance therewith and shall be responsible for any resultant damage, defect or added cost. B. Supplemental Instructions: During the course of the work the County's Inspector may issue Supplemental Instructions regarding the work. These Supplemental Instructions will supplement the Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Supplemental Instruction involves no change in contract time or price. Performance, partially or in full, of a Supplemental Instruction shall constitute a waiver of claim for a change in contract time or price for the work covered by the Supplemental Instruction, unless a Change Order has been issued. Division F Page 56 of 74 C. Change Orders: See Section 21. SECTION.17 - PRODUCT AND REFERENCE STANDARDS A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18 - SUBSTITUTIONS, MATERIALS, ARTICLES, AND EQUIPMENT A. Within fifteen (15) days after the signing of the Contract, the Contractor shall submit for approval to the County a complete list of all materials it is proposed to use under this contract, which differ in any respect from materials specified. This list shall include all materials which are proposed by the Subcontractors as well as by the Contractor for use in work of his/her Contract and which are not specifically mentioned in the Specifications. B. Substitutions: Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he/she shall make application to the County in writing for any proposed substitutions. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. Such proposed substitution shall be accompanied by evidence satisfactory to the County that the material or process is equal to that specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies, material costs, and installation costs and maintenance provisions and experience or other data as required by the County. The County's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Failure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. 1) No such proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. Division F Page 57 of 74 2) The Contractor shall note that the burden of proof as to the comparative Iquality or suitability of the offered materials, articles, or equipment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such substitute materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. C. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et. seq., of the government Code, State of California. D. Mechanical equipment, fixtures and materials shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. E. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause. F. Installation. Unless otherwise noted, all manufactured materials, products, processes, equipment or the like shall be installed in accordance with manufacturer's printed instructions or specifications. SECTION 19 - SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES A. The Contractor shall submit promptly to the County, so as to cause no delay in the work, all shop drawings, descriptive data and samples for the various trades as required by the specifications, and offers of alternatives, if any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or nine (9) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or nine (9) copies if no Division F Page 58 of 74 schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option, will become the property of the County or will be removed or disposed of by the County at Contractor's expense. E. The County will examine submittals, with reasonable promptness. Return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and substitutions from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to identify, in his letter of transmittal, material deviations from the plans and specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. F. If any mechanical, electrical, structural, or other changes are required for the proper installation, support or fit of substitute materials, articles, or equipment, or because of deviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 21 - CHANGE ORDERS The County reserves the right to order in writing changes in the plans and/or specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or downward in accordance with one, or a combination, of the following bases, as the County may elect: A. On a lump sum basis as supported by breakdown of estimated costs. B. On a unit price basis. C. On a cost-plus basis in accordance with the following conditions: Division F Page 59 of 74 1) Mark-ups a. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct costs for overhead and profit. b. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 2d% of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 5% to General Contractor.) c. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 250/8 of the direct costs for overhead and profit. (Suggested breakdown: 15% to sub-sub-contractor, 5% to sub-contractor, 5% to General Contractor.) d. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding,the number of contri ct tiers actually existing. e. For deleted work the mark-up shall be 10% of the direct costs or the agreed upon estimate thereof. 2) Direct Costs a. Labor: The costs for labor shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. I b. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. i c. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. i If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, !payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. If, in the opinion of the County, 1the cost of materials is excessive, or if the .Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it Division F Page 60 of 74 I deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. d. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. . The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. 3) Allowable Time Extensions For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that Contractor considers should be allowed for making the requested change. 4) Records and Supportive Information a. The Contractor shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. b. Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided Division F Page 61 of 74 by the County. The forms will be filled out in duplicate and the County's Inspector will review and attach his approving signature to the form on the day the work is performed. C. Rental and material charges shall be substantiated by valid copies of vendor's invoices. d. The Contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. 5) Failure to Agree as to Cost Notwithstanding the failure'of the County and the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph 4 above and, when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. SECTION 22 - LABOR Every part of the work shall be accomplished by workers, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 24 - PRESERVATION AND CLEANING A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to the County. C. Contractor shall clean, repair, replace and restore County property marred, damaged or defaced by the contractor or his Subcontractors. SECTION 25 - PAYMENT OF FEDERAL OR STATE TAXES Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Division F Page 62 of 74 Exemption Certificates to the Contractor for any articles which are required to be furnished under the Contract and which are exempt from Federal Excise Tax. SECTION 26 - ACCEPTANCE A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any necessary arrangements for fire insurance and extended coverage. D. Final acceptance of the Contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27 - FINAL PAYMENT AND WAIVER TO CLAIMS After the official acceptance of the work by the County, the Contractor shall submit an invoice along with the completed Statement to Accompany Final Payment to the County for payment. SECTION 28 - GUARANTEE PERIOD A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with requirements of.all contract documents, and further guarantees the work of the contract to be and remain free of defects in workmanship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not acceptable in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. The Contractor further agrees that within ten (10) calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Division F Page 63 of 74 Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's employees, property, or licensees, the County may undertake, at the Contractor's expense without prior notice, all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. C. The General Contractor and each of the listed sub-contractors shall execute and furnish the County with the standard guarantee form, a copy is included at t eh end of this division. D. Contractor's obligations under this Section 28 are in addition to and, not in limitation of any other obligation of Contractor under the Contract Documents. Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the Public Agency may have under the Contract Documents or at law or in equity for defective work. Nothing contained in this Section 28 shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents. Establishment of the Guarantee Period relates only to specific obligations of Contractor to correct the Work and in no way limits either Contractor's liability for defective work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents. SECTION 29 - WAGE RATES Pursuant to Labor Code Section 1773.2 the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem for each craft, classification, or type of worker and said rates are specified in the Notice to Contractors for this work. Said rates are on file with the Public Agency and copies of said rates are available to any interested party on request. Pursuant to Labor Code Section 1773.2, said rates shall be posted at the job site. SECTION 30 - UNDERGROUND SERVICE ALERT The Contractor shall notify Underground Service Alert, phone number 811, 48 hours prior to any excavation. SECTION 31 - ARCHAEOLOGICAL MATERIALS If archaeological materials are uncovered during grading, trenching, or other onsite excavation, earthwork within.100 feet of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the "find" and suggest appropriate mitigation measures, if they are deemed necessary. Division F Page 64 of 74 SECTION 32 - PAYMENT OF WITHHELD FUNDS Upon the Contractor's request, the County will make payment of funds withheld to ensure performance under this Contract if the Contractor complies with the requirements of Public Contract Code Section 22300. Contractor shall deposit in escrow with the Treasurer-Tax Collector or with a bank acceptable to the County, securities eligible for the investment of funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions: A. The Contractor shall bear the expense of the County and the escrow agent, either the County Treasurer-Tax Collector or the bank, in connection with the escrow deposit made. B. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts withheld from the Contractor pursuant to this section. Securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. C. The Contractor shall enter into an escrow agreement substantially similar to the form set forth in Section 22300 of the Public Contract Code, except the form will include provisions governing inter alia any decrease in the value of securities on deposit. The form will be furnished by the County, on written request by the Contractor. D. The Contractor shall obtain the written consent of the surety to such agreement. E. If the securities are not listed as eligible under Government Code Section 16430, Contractor shall have obtained approval of the securities by the County Treasurer-Tax Collector before bid opening. SECTION 33 - DISPUTES Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this contract shall be subject to final determination in writing by the Principal Real Property Agent, Contra Costa County Public Works Department, Real Property Division, 255 Glacier Drive, 255 Glacier Drive, Martinez, CA 94553, or in accordance with the applicable procedures (if any) required by the State or Federal Government. SECTION 34 - CLAIMS BY CONTRACTOR Pursuant to Public Contract Code Section 20104(a), all claims by Contractor of $375,000 or less are subject to Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code, which is incorporated into the contract and which provides as follows: Division F Page 65 of 74 ARTICLE 1.5 Resolution of Construction Claims §20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. §20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. Division F Page 66 of 74 (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. §20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail Division F Page 67 of 74 to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other parry arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. §20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 35 - TOXIC AND HAZARDOUS MATERIALS AND WASTE 1. Asbestos Operations which may cause release of asbestos fibers into the atmosphere shall meet the requirements of CAC Title 8, General Industrial Safety Orders, Section 5208. Some operations which may cause such concentrations include sanding, grinding, abrasive blasting, sawing, drilling, shoveling, or otherwise handling materials containing asbestos so that dust will be raised. Such materials can include resilient flooring, existing gypsum wallboard, asbestos- cement board, spray-on fiber-proofing for steel, cement plaster, asbestos pipe insulation and acoustical sprays, tiles and boards. Division F Page 68 of 74 2. Toxic Materials Operations which release toxic materials into the atmosphere shall meet the requirements of CAC Title 8, General Industrial Safety Orders. Some operations which may release such materials include use of adhesives, sealants, paint and other coatings. 3. Lead based paint- Do not use lead based paint. Lead based paint is defined as: 1) Any paint containing more than five-tenths of one per centum lead by weight (calculated as lead metal in the total non-volatile content of the paint) or the equivalent measure of lead in the dried film of paint applied or both; or 2) For paint manufactured after June 22, 1977, any paint containing more than six one- hundredths of one per centum lead by weight (calculated as lead metal) in the total content of the paint or the equivalent measure of lead in the dried film or paint already applied. 4. Hauling and disposal: Meet requirements of CAC Title 22, Division 4, Chapter 30, "Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes." S. Asbestos Prohibited: No products or materials containing asbestos shall be incorporated into the work without the prior written approval of the County. SECTION 36 - EQUAL EMPLOYMENT OPPORTUNITY To the extent prohibited by law, the contractor agrees not to discriminate against any employee, subcontractor or applicant for employment on the basis of race, color, religion, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status, and agrees to comply with all laws, rules and regulations relating to equal employment opportunity. The Contractor further agrees to include language in all subcontracts requiring the subcontractors to the extent prohibited by law, not to discriminate against any employee, subcontractor or applicant for employment on the basis of race, color, religion, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status, and to comply with all laws, rules and regulations relating to equal employment opportunity. Division F Page 69 of 74 GUARANTEE We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed at (Address) California, for year(s) use from date of acceptance of contract by the Board of Supervisors. We agree to repair or replace to the satisfaction of the Public Agency any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions after being notified in writing, pursuant to Section 27 in the General Conditions of the Contract, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. Section 27 in the General Conditions of the Contract fully applies to this Guarantee. SUBCONTRACTOR Date: Affix Corporate Seal) GENERAL CONTRACTOR Date: Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. Division G Page 70 of 74 DIVISION G - TECHNICAL SPECIFICATIONS The Oak Park Boulevard demolition project consists of a 8-acre parcel owned by Contra Costa County in Pleasant Hill, California. The site was the former Oak Park Elementary built in the 1950s. The site has been vacant for approximately 10 years. The project will consist of abatement and demolition of approximately 6 structures which will include the following: 1. Abate, remove and dispose of offsite all structures, improvements and material, including, but not limited to, the following and as referenced in Appendix E: • Building(s), covered walkways, and all underground foundation and any subsurface structures such as wells • Wood fencing between structures • Concrete slabs, walkways and footings • Aggregate Base Concrete and Asphalt Concrete as specified in Appendix E • Trees surrounding structures • Shrubs surrounding structures • Cap existing utility pipes, if any at the main. In the event sewer lines are capped, Contractor shall provide documentation from the servicing sanitary district that such sewer laterals were capped to the satisfaction of such sanitary district. • Site furnishings • Readjust existing utility structures rim/grate elevation if necessary • Contractor will fill and compact any below grade areas and voids resulting from work, if any, and will clear and grub and rough grade the surface to match the surrounding ground level of the site and drain without ponding. There may not be sufficient material on site to properly fill the voids and grade the site to drain. The Contractor shall furnish imported borrow as needed. Imported borrow shall be of a quality suitable for the purpose intended, free of organic matter or other unsatisfactory material and shall meet the following requirements: pH l > 5.5 > 7.3 2 Water Soluble Sulfate 3 < 0.2% Resistivity (R) > 3000 ohm cm 2 1 Per California Test 532 & 643. 2 For backfill around metal pipe/conduit. 4 Reported as SO4. Division G Page 71 of 74 Imported borrow shall be mineral material including sand, gravel, or earth. The Contractor shall not use man-made refuse in imported borrow including: A. Portland cement concrete, B. Asphalt concrete, C. Material planed from roadway surfaces, D. Residue from grooving or grinding operations, E. Metal, F. Rubber, G. Mixed debris, H. Rubble • Remove any and all combustible material • Remove all basketball hoops and baseball backstops • Any and all debris within and around structures All air conditioning units 2. Sidewalk along Monticello Avenue must stay in place. Should any damage occur to the sidewalk as a result of Contractor's work under this contract, Contractor shall make the necessary repairs as directed by County inspector 3. Hazardous Materials A) Definition. As used herein, "Hazardous Materials" means any hazardous or toxic substances, material, or waste at any concentration that is or becomes regulated by the United States, the State of California or any local government authority having jurisdiction over the Premises. Hazardous Materials includes: • Any "hazardous substance," as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C, sections 9601 et seq.); • Hazardous waste" as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C., sections 6901 et seq.); • The Hazardous Materials Transportation Act, 49 USC §1802 et seq.; • The Resource Conservation and Recovery Act, 42 USC §1802 et seq.; • The Clean Water Act 33 USC §1251 et seq.; • California Health and Safety Code §§ 25225, 25117, 25249, 25281, & 25316 • The Clean Air Act, 42 USC §7901 et seq.; • Any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance or requirement; • Petroleum products; • Radioactive material; • Asbestos in any form or condition; and • Polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. Division G Page 72 of 74 B) Requirements. Contractor will not cause or permit any Hazardous Material, as defined in this Division G, to be generated, brought onto, used, stored or disposed of in or about the premises by Contractor, its agents, employees, contractors, sublessees or invitees. Contractor will abate, remove and dispose of all Hazardous Materials identified in a written surveys included in Appendix A in full compliance with all applicable local state and federal laws, regulations and permit requirements relating to the removal and disposal of hazardous materials, including but not limited to maintaining compliance documentation, satisfying disposal notification and certification requirements, and following all applicable laws related to the labeling, storage and transportation of hazardous materials. Contractor must use best management practices as referenced in the Mitigated Negative Declaration and attached as Appendix C. C) Release. Should any release, discharge, leakage, or spillage of Hazardous Material occur as a result of Contractor's work under this contract, Contractor shall immediately notify Public Agency and all government agencies with jurisdiction. If the release, discharge, leakage or spillage was caused by the acts, omissions, negligent conduct or willful misconduct of the Contractor, its officers, employees, agents, contractors, subcontractors, or any person under its direction or control, Contractor, at its sole cost and expense, shall clean all property affected thereby, whether owned, controlled or possessed by the Public Agency or any third party, to the reasonable satisfaction of Public Agency and any governmental agency having jurisdiction thereover, and take all appropriate remedial actions in compliance with all applicable laws. 3. Site Preparation A) Traffic: Conduct demolition and site clearing operations to ensure minimum interference with adjacent occupied or used facilities without closing or obstructing streets or other occupied or used facilities without permission from authorities having jurisdiction. B) Protection of Existing Improvements: It is Contractor's responsibility to provide protection necessary to prevent damage to existing improvements indicated to remain in place. i. Protect improvements on adjoining buildings and facilities ii. Restore damaged improvements to their original condition, as acceptable to property owners, at Contractor's expense. 4. Explosives. Contractor is prohibited from using explosives in the performance of this contract. 5. Pollution Controls A) Observe environmental protection regulations. Division G Page 73 of 74 B) Dust Control — Protect the public from dust nuisance and property from dust damage. Contractor shall keep the entire site of the work, inclusive of vehicular and pedestrian traffic routes through the work, continuously free of dirt and dust by adequate periodic blading, power brooming, watering, applying dust palliative or other approved means. 6. Disposal A) Promptly dispose of materials resulting from demolition operations and not allow materials to accumulate on site. B) Transport materials resulting from demolition operations and legally dispose of off the County's property. G:\RealProp\Dalziel\Oak Park Blvd\Notice to Contractors-Oak Park.doc Division G Page 74 of 74 APPENDIX A Pry 1208 Main Street, Redwood Ci , CA 94063 t011111111 t lrllQarolit (650) 569-4020 Fax (650)V-4023 Date: December 14,2006 Report#: 996-MA06 DOSH Certified Site Surveillance Technician: Emanuel Dounias Certificate No.: 00-2766 ASBESTOS SURVEY AND EVALUATION CONDUCTED AT.- 1700 T:1700 Oak Park Blvd. Pleasant Hill, California PREPARED FOR: Contra Costa County Public Works Dept. 255 Glacier Drive Martinez, CA. 94553 PREPARED BY: PROTECH CONSULTING AND ENGINEERING December 2006 TABLE OF CONTENTS ASBESTOS BUILDING SURVEY REPORT REPORT BODY Introduction Page 3 Results Page 4 ACM Evaluation and Assessment Page 5 Conclusions and Recommendations Page 6 Discussion Page 7 • Asbestos and its uses • Current asbestos regulations Exclusions and Report Limitations Page 9 Survey Methodology Page 10 APPENDICES PLM Laboratory Reports Appendix 1 Map - Sample locations Appendix 2 Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 2 a INTRODUCTION On December 11, 2006, ProTech Consulting and Engineering performed a pre-demolition inspection for asbestos-containing materials (ACM) and asbestos-containing construction materials(ALCM)of a school site located at 1700 Oak Park Blvd.,Pleasant Hill, California. ProTech's asbestos inspection services were conducted at the request of Contra Costa County Public Works Department, of Martinez,California. The following report presents the results of ProTech's asbestos building survey. Asbestos- related consulting services were conducted by Mr. Emanuel Dounias. Mr. Dounias is a Cal- OSHA Certified Site Surveillance Technician, certificate number 00-2766. The objective of ProTech's asbestos inspection was limited to providing the following scope of services: • Conduct a non-demolition inspection of the subject site to identify, inventory, and catalog visibly accessible suspect friable and non-friable asbestos-containing materials (ACM); • Collect samples of suspect ACM for laboratory analysis; • Submit suspect ACM samples for laboratory analysis by polarized light microscopy (PLM) to determine asbestos content; • Evaluate and assess the friability and condition of identified ACM; • Identify the approximate location of each ACM; • Make general recommendations as appropriate. The information contained in this report is limited to those areas and suspect asbestos materials found to be visually accessible through reasonable means. No demolition of building materials was conducted to determine the presence of asbestos in wall cavities, chases or other inaccessible areas. ProTech cannot warrant that this building does not contain ACM in locations other than those noted in this report, however, a good faith effort was made to conduct a comprehensive survey within the limitations of the stated scope of services. This report presents a complete record of all significant findings, evaluations and sample results. Thank you for using ProTech Consulting and Engineering. Please feet free to call with any questions or concerns regarding this report at(650) 569-4020. Glen Koutz Cal-OSHA Certified Asbestos Consultant Certificate#92-0019 Asbestos Building Survey Job No 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 3 RESULTS The following is an inventory of the suspect asbestos-containing materials identified during ProTech's inspection of the subject site. The table provides the following information: 1. ]tem number:A reference number assigned to each identified homogeneous suspect asbestos material type. 2. Suspect Asbestos Material Description: A description of each identified suspect asbestos material type. 3. PLM Sample#'s: Identifies the sample number(s)associated with a specific suspect asbestos material. 4. Asbestos Content:Report of corresponding laboratory results. Materials found to contain asbestos during laboratory analysis are highlighted in bold italicized type face. Item Suspect Asbestos Material Description PLM Asbestos # Sample #'s Content (%) 1 Silver cap sheet roof-MUR building 01,02 None detected 2 Silver roofing mastic-MUR building-flashing and 03,04 None detected mechanicals and penetrations 3 White asphalt cap sheet roof-breezeways mixed with 05, 06,07 None detected sheet roof 4 Silver cap sheet roof-breezeways mixed with asphalt 08,09 None detected roof 5 Silver roofing mastic-breezways flashing and 10, 11 None detected downspouts 6 Black cap sheet roofing-classroom buildings and office 12, 13, 14, 15,16, 17, None detected buildings 18, 19, 20 7 Black and gray roofing mastic -classroom 21*, 22 None detected to buildings and office penetrations, patches and 10% Chrysotile flashing Mastic 2% Chrysotile Silver paint 8 Exterior stucco walls-all buildings 23, 24, 25 None detected 9 Breezeway stucco-breezeway ceilings 26, 27,28 None detected 10 Plaster material-throughout most 29, 30, 31, 32, 33, None detected 34, 35, 36, 37 11 Wall/ceiling sheetrock,joint tape and compound.- 38, 39 None detected Building,b room 4 12 Wall/ceiling sheetrock surfacing texture-Building b 40, 41 None detected room 4 13 1 x 1 ceiling tiles(nailed u -Building A-D 42, 43, 44,45,46 None detected 14 1 x I ceilings tiles -Buildings E and F 47, 48, 49 None detected 15 Brown mastic on 1 x 1 ceilings tiles -Buildings E and 47B,48B,49B None detected F 16 Brown chaulk board mastic-all classrooms 50, 51, 52 None detected 17 Tan with brown 9 x 9 vinyl floor tile - 53, 54, 55 10% Chrysotile buildings A-C and F throughout and exposed and below carpets 18 Black mastic under tan with brown 9 x 9 53B, 54B, 55B 5% Chrysolite vinyl floor tile - buildings A-C and F throughout and exposed and below carpets 19 Gray with red 9 x 9 vinyl floor tile - 56, 57 10% Chrysotile building D throughout .exposed and below carpet 20 Black mastic under gray with red 9 x 9 vinyl 56B, 57B 5% Chrysotile floor tile - building D throughout exposed and below carpet Asbestos Building Survey lob No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 4 21 Tan with brown and white 9 x 9 vinyl floor 58 10% Chrysotile tile — building E, backrooms and kitchen exposed and below tile 22 Black mastic under tan with brown and white 58B 5% Chrysotile 9 x 9 vinyl floor the — building E, backroom and kitchen exposed and below the 23 White with gray 9 x 9 vinyl floor the - main 59 2% Chrysotile room of building E. 24 Black mastic under white with gray 9 x 9 vinyl floor 59B None detected tile- main room of building E. 25 Brown 12 x 12 vinyl floor tile—Buildings E left back 60 None detected room over sample 58 26 Brown baseboard mastic — building E 61 <1% Antho h llite 27 Ceramic tile mortar—all bathrooms 62 None detected 28 Ceramic floor tile mortar—all bathrooms 63 None detected 29 Black sink undercoating — all classrooms 64 10% Chrysotile 30 Pipe insulation — mechanical rooms and 65, 66, 67 10% Chrysotile kitchen 10% Amosite 31 Pipe elbow insulation - mechanical room 68, 69, 70 10% Chrysotile kitchen debris in all locations 10% Amosite 32 Door insulation — mechanicals room doors 71, 72 15% Chrysotile (with debris at all locations 33 Furnace insulation — building A furnace 73 10% Chrysotile 10% Amosite * No asbestos detected in sample ACM EVALUATION & ASSESSMENT Item Roof Mastic Quantity 7 Black and gray roofing mastic—classroom buildings and office 300 sq ft. building penetrations,patches and flashing Friability Assessment Non-friable,Cate£Ory I: This ACM cannot be easily reduced to dust. EPA / AQMD Assessment Not Currently RACM: In its present condition,this material is not a "Regulated Asbestos Containing Material'. Item Floor Tile & Mastic Quantity 17/18 Tan with brown 9 x 9 vinyl floor tile—buildings A-C and F 15,000 sq ft. throughout and exposed and below carpets ' 19/20 Gray with red 9 x 9 vinyl floor tile—building D throughout exposed 5,500 sq ft. and below carpet 21/22 Tan with brown and white 9 x 9 vinyl floor tile—building E, 800 sq f. backrooms and kitchen exposed and below tile Friability Assessment Non-friable,Cateeory I: This ACM cannot be easily reduced to dust. EPA / AQMD Assessment Not Currently RACM: In its present condition, this material is not a "Regulated Asbestos Containing Material". Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 5 Item Floor Tile with NON ACM Mastic Quantity 23 White with gray 9 x 9 vinyl floor tile - main room of building E. 3000 sq ft. Friability Assessment Non-friable,Category I: This ACM cannot be easily reduced to dust. EPA / AQMD Assessment Not Currently RACM: In its present condition, this material is not a "Regulated Asbestos Containing Material". Item Baseboard Mastic I Quantity 26 Brown baseboard mastic—building E 1 150 In ft. Friability Assessment Non-friable,CategQ I: This ACM cannot be easily reduced to dust. EPA / AQMD Assessment Not Currently RACM: In its present condition, this material is not a "Regulated Asbestos Containing Material". Item Sink Undercoating Quantit 29 Black sink undercoating—all classrooms Aproximatly 11 sinks Friability Assessment Non-friable.Category I: This ACM cannot be easily reduced to dust. EPA / AQMD Assessment Not Currently RACM: In its present condition,this material is not a "Regulated Asbestos Containing Material". Item Asbestos Insulation Quantity 30 Pie insulation—mechanical rooms and kitchen 350 sq ft 31 Pipe elbow insulation—mechanical rooms,kitchen (debris in all 250 elbows Approx. locations 32 Door insulation—mechanicals room doors(with debris at all 8 doors approx. locations) 33 1 Furnace insulation—building A furnace 1 furnace Friability Assessment Friable:Can be reduced to powder form by hand pressure. EPA / AQMD Assessment RACM: This is a "Regulated Asbestos Containing Material'. Removal of this RACM may require a prior 10 (working) day EPA notification to the local AQMD. (Hidden insulation may be discovered during demolition Damage Assessment Damaged- 1-10%distributed or 1-25%localized Description: Cuts and teazs were found to be distributed over the ACM surfaces) . . ............................................................................................................................ . Type: Progressive:Damage may worsen over time if left unrepaired. .............................................................................................................................................. Exposure potential Some of this ACM currently damaged and susceptible to further deterioration. CONCLUSIONS AND RECOMMENDATIONS • Asbestos Removal Options: No recommendations presented herein are intended to dissuade the client from the option of complete ACM removal. Asbestos removal can be a permanent remedy against future exposure. Always use a certified asbestos abatement contractor to perform asbestos-related construction work. Upon request, ProTech will assist the client in selecting a qualified,certified asbestos abatement contractor. Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 6 Renovation and Demolition: In accordance with local, state, and federal asbestos regulations, ProTech recommends that any asbestos-containing material that may be impacted during repairs, renovation, or demolition be removed prior to those destructive activities. In preparation for this task,ProTech recommends that the following steps be taken: 1. Upon request, ProTech's accredited project designers will develop an asbestos abatement scope of work. The abatement design/specification will set forth the guidelines for proper and cost effective removal of ACM as needed. ProTech's project specification will outline the performance parameters for hazard remediation work standards, contamination control, health and safety, contractor qualifications, regulatory compliance,clearance and release criteria, and other requirements specific to this project. 2. ProTech will assist the client or manage the selection of qualified asbestos abatement contractors. Prospective bidders must be licensed by the State of California and register with the Department of Occupational Safety and Health (DOSH). 3. The owner may need to obtain an EPA generator identification number if greater than 50 pounds of friable/hazardous ACM will be removed and disposed of. An EPA generator ID can be obtained by calling EPA at(916) 255-1136. 4. During the removal of asbestos-containing materials, ProTech's certified field technicians can represent the owner, providing quality control oversight of the asbestos abatement operation. ' On-site consultants monitor the contractor's compliance with accepted industry standard practices and regulatory standards, and. ensure that the project is completed on time and within budget. 5. The most critical point in an asbestos abatement project is determining when the work has been completed, the contractor can be released, and the building/area can be occupied. ProTech conducts final visual inspections and clearance air monitoring to certify that industry clearance standards are met prior to general re-entry of the asbestos abatement work area. Upon request, ProTech will conduct 3rd party clearance monitoring. DISCUSSION Asbestos and its uses: Asbestos is a term that refers to a group of naturally occurring fibrous minerals. Because of their resistance to decay and their remarkable insulating properties, asbestos fibers have been incorporated into thousands of products and materials. Collectively these products are frequently referred to as asbestos-containing materials (ACM). Many types of ACM have been used in the construction of buildings and homes. ACM types are generally put into one of three classifications, they are: 1. Surfacing materials Surfacing materials are those products which have been sprayed or trowelled onto ceilings, walls and other structural elements. (e.g. fireproofing, thermal insulation or decoration) Because of the type of mixture Asbestos Building Survey lob No 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 7 used in the construction industry, these materials are commonly friable, that is they are easily crushed or reduced to powder form with hand pressure. 2. Thermal s, sy teras insulation (TSD The insulation applied to mechanical systems, hot water pipes and heating ducts often contains asbestos. Hot water pipes and heating systems are covered with asbestos insulation primarily to prevent heat loss and to protect other nearby surfaces from the hot pipes. Much of this asbestos insulation was manufactured from 1920 to 1972, and it was used in construction until 1978. 3. Miscellaneous Miscellaneous ACM materials include all asbestos products which cannot be classified as either surfacing material or TSI. These materials are usually non-friable and generally do not release asbestos fibers into the air unless damaged. Products such as floor tile,mastic, roofing material and concrete asbestos products are examples of miscellaneous ACM. Current Asbestos Regulations: The following is a summary of select major state and federal asbestos regulations. These summaries are riot intended to be a comprehensive discussion of the specific regulations. In addition,this summary is not an all inclusive overview of the asbestos regulatory universe. Division of Occupational Safety And Health (Cal-OSHA) — Title 8 CCR § 1529 On July 2,1996 Cal-OSHA implemented revised general industry and construction asbestos standards which apply to all occupational exposure to asbestos. The new Cal-OSHA construction standard requires owners of buildings built prior to 1981 to presume that a variety of building materials contain asbestos unless they are sampled and proved to not contain asbestos. Employers whose employees work in these same buildings face the same responsibility to either test materials or treat them as ACM. The standard describes four classes of asbestos-related work: I) removal of asbestos thermal systems insulation and surfacing materials, II) removal of asbestos material which are not thermal systems insulation or surfacing materials,III)repair and maintenance operations where small amounts of asbestos or presumed asbestos (PACM) is likely to be disturbed, and IV) maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste, and debris resulting from Class 1, II, and III activities. For each class, OSHA specifies the type of training, work practices, air sampling, and personal protection required of the employer and worker. This new regulation is ajobs based standard. Specific notifications and work practices are required if asbestos will be disturbed. EPA's NESHAP Regulation — 40 CFR Part 61, Subpart M NESHAP requires building owners to inspect a building for asbestos prior to renovation or demolition. The EPA must be notified in advance of all demolition(whether there is asbestos present or not) and if more than 160 square feet, 260 linear feet, or 35 cubic feet of Regulated Asbestos Containing Materials (RACM) are going to be disturbed during renovation. RACM must be removed before any demolition or renovation work disturbs it. Specific work practices must be followed during the removal of RACM. RACM must be adequately wet when disturbed and must remain wet until placed in leakproof containers. No visible emissions are allowed during collection, packaging, transportation, or disposal of RACM. Records must be kept regarding the transportation and disposal of RACM. In many areas,including the San Francisco Bay Area, the federal NESHAP regulation is enforced by the local air quality management district(AQMD). In many cases,EPA has "delegated" NESHAP enforcement to these local agencies. Each AQMD has developed an enforcement regulation based on the NESHAP regulation,and in tnany instances these local regulations are more stringent then the Federal EPA NESHAP regulation. Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 8 EXCLUSIONS AND REPORT LIMITATIONS • This asbestos inspection report has been prepared by ProTech for the exclusive use of ProTech and its client, and not for use by any other party. The investigation and sampling plan discussed in this report may not be appropriate for uses beyond its intended purpose and stated scope. Any use by a third party of any of the information contained in this report shall be at their own risk and shall constitute a release and an agreement to defend and indemnify ProTech from any and all liability in connection therewith whether arising out of ProTech's negligence or otherwise. ° Consulting services performed by ProTech were limited to this asbestos survey. No other services were requested by the client. Lead inspection & assessments, PCB investigations,hazardous material audits, indoor air quality investigations, Phase I & lI site assessments, and other general environmental consulting are additional services routinely performed by ProTech. These services were not performed at this site. A general environmental audit may be performed to assess the need for additional environmental consulting services. • ProTech's evaluations do not attempt to forecast or anticipate planned or unforeseen events which may negatively impact ACM condition. All conclusions and recommendations presented herein are based on visible conditions present at the time of inspection. Changes in material condition due to deterioration, unforeseen accidents, or planned events such as renovation or demolition may render the recommendations and conclusions presented in this report obsolete. • ProTech cannot warrant that this building does not contain ACM in locations other than those noted in this report. If suspect asbestos materials are discovered during future repairs, demolition or renovation operations, all general work activities which could impact the discovered suspect ACM should cease until confirmation sampling and/or asbestos abatement options can be assessed. • ProTech does not represent this report as an assessment of asbestos impact on air quality. No air samples were collected by ProTech to evaluate potential airborne asbestos dust levels. All conclusions and recommendations contained herein are based solely on a visual evaluation of ACM. • All reasonable efforts were made to examine below carpeted areas and resilient floor coverings to determine and quantify the presence of suspect asbestos materials. ProTech accepts no liability for additional materials or under-reporting of asbestos materials which exist below other floor coverings. • All quantification of ACM is approximate and should not be relied upon for bidding purposes. This report is not represented as, nor intended to be, an asbestos-abatement scope of work or project specification. • Fiberglas insulated mechanical systems were inspected as completely as possibly without destroying the integrity of the Fiberglas insulation. The condition and presence or absence of asbestos associated with mechanical systems is assumed to be consistent with those areas exposed and examined during our inspection. However, ProTech does not guarantee that this is the case. Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 9 SURVEY METHODOLOGY Inspection and Sample Collection: A survey of the subject site was conducted to identify and catalog visibly accessible suspect asbestos materials and to develop a sampling strategy for characterizing ACM. Following the initial inspection, samples were collected of suspect asbestos materials from each homogenous sample area. Samples were collected by misting small sample areas with water,then cutting or scraping the sample from the substrate with an appropriate sampling tool. Whenever possible, samples were collected from areas previously damaged or deteriorating. No building systems,components, or structures were demolished to obtain samples of potentially hidden ACM. Each suspect bulk sample was sealed in its own Zip-lock plastic container and labeled with a unique identification number. Sampling tools were individually cleaned before and after each sample was collected to avoid sample cross contamination. Decontamination was accomplished using single-use,pre-moistened cloths. ProTech's inspector collected a total of ninety-seven (97) suspect asbestos samples, all of which were analyzed by PLM for asbestos content. Samples were recorded on ProTech's in-house chain-of-custody form. This form accompanied the samples to Forensic Analytical Services, Inc. of Hayward, California which is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) for analysis of bulk building material samples for asbestos. Sample Analysis: To determine asbestos content, the samples were submitted to the certified laboratory for analysis. Suspect asbestos samples were subjected to analysis by polarized light microscopy (PLM). Bulk sample analysis was conducted in accordance with the EPA interim method for determination of asbestos in bulk materials. Samples were first examined by a stereoscopic microscope for determination of homogeneity and preliminary evaluation of composition and presence of fibers. Fibers observed during this examination were then mounted in various refractive index oils and examined in polarized light. During this examination, all minerals and/or man-made materials were identified and the percentages of each were estimated and/or counted. Evaluation of Asbestos-Containing Materials: In evaluating each asbestos material,the adhesion of the asbestos material to the underlying substrate, deterioration, and damage from vandalism or any other cause was assessed. Evidence of debris on horizontal surfaces, hanging material, dislodged chunks, scraping, indentations,or cracking were indicators of poor material condition. Accidental or deliberate physical contact with asbestos materials can result in damage. Inspectors looked for any evidence that asbestos-containing materials had been disturbed. Indicators such as; finger marks in the material, graffiti, pieces dislodged or missing, scraping marks from movable equipment, or furniture, or an accumulation of suspect asbestos dust or debris on floors, shelves,or other horizontal surfaces indicate poor material condition. Asbestos-containing materials may deteriorate as a result of either the quality of the installation or environmental factors which affect the cohesive strength of the asbestos- Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page 10 containing material or the strength of the adhesion to the substrate. Deterioration can result in an accumulation of dust on the surface of the asbestos-containing material, delamination of the material, or an adhesive failure of the material where it pulls away from the substrate and either hangs loosely or falls to the floor and exposes the substrate. Inspectors touch the asbestos-containing material to determine if dust is released when the material is lightly brushed or rubbed. Asbestos Building Survey Job No. 996-MA06 Contra Costa County/ 1700 Oak Park Blvd. Page I 1 Forensic Analytical Final Report Bulk Asbestos Analysis (EPA Method 600/R-93-116,Visual Area Estimation) Protech Consulting&Engineers htc Client Ill: 1454 Project Manager Report Number: B093196 Date Received: 12/11/06 1208 Main St. Date Analyzed: 12/12/06 Redwood City,CA 94063 Date Printed: 12/13/06 First Reported: 12/13/06 Job ID/Site; 996-MA06- 1700 Oak Park Blvd.Pleasant 1-fill FAST Job ID: 1454 Total Samples Submitted- 73 Date(s)Collected: 12/11/2006 Total Samples Analyzed: 73 Asbestos Percentin Asbestos Percent in Asbestos Percent in Sample TD Lab Number Type Layer Type Layer Type Layer 01 10588911 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Laver: Black Felt ND Layer: Black Tar ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) Fibrous Glass(50%) Comment: Bulk complex sample. 02 10588912 Laver: Black Tar ND Layer: Black Felt ND Laver: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) Fibrous Glass(50%) Comment: Bulk complex sample. 03 10588913 Layer: Black Semi-Fibrous Tar ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(5 %) 04 10588914 Layer: Black Semi-Fibrous Tar ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(5 %) 1 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 Report Number: B09:33 196 Client Name: Protech Consulting&.Engineers Inc Date Printed: 12/13!06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 05 10588915 Layer: Stones ND Layer: Black Tar ND Layer: Black Felt ND Layer: Silver Paint ND Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose(25%) Fibrous Glass(25 %) Comment: Bulk complex sample. 06 10588916 Layer: Stones ND Laver: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Total Composite Values of Fibrous Components: Asbestos(ND) Fibrous Glass(45%) 07 10588917 Layer: Stones ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Total Composite Values of Fibrous Components: Asbestos(ND) Fibrous Glass(45%) 08 10588918 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40°/u) Fibrous Glass(20%) Comment: Bulk complex sample. 09 10588919 Laver: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND. Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Silver Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass (20 %) Comment: Bulk complex sample. 2 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12.113i06 Asbestos Percentin Asbestos Pereentin Asbestos Percenrin Sample ID Lab Number Type Layer Tv pe Layer Type Layer 10 10588920 Layer: Black Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(15%) Fibrous Glass(5 %) 11 10588921 Layer: Black Mastic ND "Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(15 %) Fibrous Glass(5 °b) 12 10588922 Laver:Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20%) Comment: Bulk complex sample. 13 10588923 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Laver: Black Fell ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass 20%) Comment: Bulk complex sample. 14 10588924 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Laver: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20%) Commant: Bulk complex sample. 3 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12113/06 Asbestos Percent in Asbestos • Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 15 10588925 Layer: Black Tar ND Layer: Black.Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND "Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20 %) Comment: Bulk complex sample. 16 10588926 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20%) Comment: Bulk complex sample. 17 10588927 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt NTD Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40°t) Fibrous Glass(20%) Comment: Bulk complex sample. 18 10588928 Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar NTD Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40°'o) Fibrous Glass(20%) Comment: Bulk complex sample. 4 of,1 1 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 Report Number: 13093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12/13/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample 1D Lab Number Type Layer Type Layer Type, Layer 19 10588929 Layer: Black Tar ND Layer: Black Felt ND Laver:Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer:Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20%) Comment: Bulk complex sample. 20 10588930 Laver:Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(40%) Fibrous Glass(20%) Comment: Bulk complex sample. 21. 10588931 Laver:Black Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) 22 10588932 Layer: Black Mastic Chrysotile 10 % Layer: Silver Paint Chrysotile 2 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(2 %) 23 10588933 Layer: Grey Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 24 10588934 Layer: Grey Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 25 10588935 Layer: Grey Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 5of11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI ( Fax:(510)887-4218 Report Number: B091196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12/13/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 26 10588936 Layer: Grey Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 27 10588937 Layer: Grey Cementitious Material ND Layer. Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 28 10588938 Layer: Grey Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) . Cellulose(Trace) 29 10588939 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 30 10588940 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 31 10588941 J Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace). 32 10588942 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 33 10588943 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose(Trace) 6 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12.%13/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 34 10588944 _ Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 35 10588945 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) . 36 10588946 Layer: White Plaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 37 10588947 Layer: White Piaster ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 38 10588948 Layer: White Dr}ywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(10%) 39 10588949 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(20%) Fibrous Glass(10%) 40 10588950 Layer: White Non-Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 41 10588951 Layer: White Non-Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 7 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FAST / Fax:(510)8874218 Report Number: 13093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12/131/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 42 10588952 Layer: Tan Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(95%) 43 10588953 Layer: Tan Fibrous Material ND Layer:Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(95%) 44 10588954 Layer:Tan Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(95%) 45 10588955 Layer:Tan Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(95 %) 46 10588956 Layer: Tan Fibrous Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose(95 %) 47 10588957 Layer: Tan Fibrous Material ND Laver: Paint ND Layer: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(N'D) Cellulose(90%) 48 10588958 Layer: Tan Fibrous Material ND Layer: Paint ND Laver: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(90%) 49 10588959 Layer: Tan Fibrous Material ND Layer: Paint ND Layer: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(90%) 8 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 ( Telephone:(5101887-8828 (800)827-FASI / Fax:(5 1 0)887-4 21 8 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12/13/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type _ Layer Type Layer 50 10588960 Layer: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 51 10588961 Layer: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 52 10588962 Layer: Brown Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 53 10588963 Layer: Brown Tile Chrysotile 10 % Layer: Black Mastic Chrysotile 5 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(Trace) 54 10588964 Layer: Brown Tile Chrysotile 10 % Layer: Black Mastic Chrysotile 5 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(Trace) 55 10588965 Layer:Tan Tile Chrysotile 10 % Layer: Black Mastic Chrysotile 5 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(Trace) 56 10588966 Layer: Grey Tile Chrysotile 10 % Layer: Black Mastic Chrysotile 5 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(Trace) 57 10588967 Layer: Grey Tile Chrysotile 10 % Layer: Black Mastic Chrysotile 5% Total Composite Values of Fibrous Components: Asbestos(1.0%) Cellulose(Trace) 58 10588968 Layer: Tan Tile Chrysotile 10% Layer: Black Mastic Chrysotile 5 % Total Composite Values of Fibrous Components: Asbestos(10%) Cellulose(Trace) 9 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:t51 0)887-4218 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Pate Printed: 12113/06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 59 10588969 Layer: White Tile Chrysotile 2 % Layer: Black Mastic ND Total Composite Values of Fibrous Components: Asbestos(2%) Cellulose(Trace) 60 10588970 Layer: Brown Tile ND Layer: Yellow Mastic ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 61 10588971 Layer:-Brow7i Mastic Anthophyllite Trace Total Composite Values of Fibrous Components: Asbestos(Trace) Cellulose(Trace) Talc(5 %) 62 10588972 Layer: Off-White Cementitious Material ND Total Composite Values of Fibrous Components: Asbestos(ND) Cellulose(Trace) 63 10588973 Layer: Off White Cementitious Material ND Total Composite Values of Fibrous Components: . Asbestos(ND) Cellulose(Trace) 64 16588974 Layer: Black Semi-Fibrous Material Chrysotile 10 % Total Composite Values of Fibrous Components: Asbestos (10%) Cellulose(Trace) 65 10588975 Layer: White Semi-Fibrous Material Amosite 10 % Chrysotile 10 % Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 66 10588976 Layer: White Semi-Fibrous Material Amosite 10 % Chrysotile 1.0 % Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 67 10588977 Layer: White Semi-Fibrous Material Amosite 10 % Chrysotile 10 % Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 68 10588978 Layer: White Semi-Fibrous Material Amosite 10% Chrysotile 10% Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 10 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FAST / fax:(510)887-4218 Report Number: B093196 Client Name: Protech Consulting&Engineers Inc Date Printed: 12/13%06 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 69 10588979 Layer: White Semi-Fibrous Material Amosite 10 % Chrysotile 10 % Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 70 10588980 Layer: White Semi-Fibrous Material Amosite 10% Chrysotile 10 % Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) 71 10.588981 Layer: White Semi-Fibrous Material Chrysotile 15 % Total Composite Values of Fibrous Components: Asbestos(15%) Cellulose(Trace) 72 10588982 Layer: White Semi-Fibrous Material Chrysotile 15 % Total Composite Values of Fibrous Components: Asbestos(15%) Cellulose(Trace) 73 10588983 Layer: White Semi-Fibrous Material Amosite 10 % Chrysotile 10% Total Composite Values of Fibrous Components: Asbestos(20%) Cellulose(Trace) James Flores,Laboratory Supervisor,Hayward Laboratory Note: Limit of Quantification ('LOQ')= 1%. 'Trace'denotes the presence of asbestos below the LOQ. 'ND'='None Detected'. Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity(client)named on such report.Results,reports or copies of same will not be released by Forensic Analytical to any third party without prior written request fi-om client.This report applies only to the sample(s)tested.Supporting laboratory documentation is available upon request.This report must not be reproduced except in full,unless approved by Forensic Analytical.The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical.This report must not be used by the client ni claim product endorsement by NVL.AP or any other agency of the U.S.Government,Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed.Forensic Analytical reserves the right to dispose of all samples after a period of thirty(+0)days,according to all state and federal guidelines,unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 11 of 11 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 tit- Cnn Lij I .,1 ,c T• ,r'.. — �•'?`� i h/ I'm„1 � �,,�kCil. -E-xc� ,.r'fa., - 1 ' ,�� e rI{ 1 'i 0 '7 n+ I ..-tib::6•a. ...._a.>aa 1L�_'_-.r-.-:. li _.�-..moi. .,...�.� .....�I _.,a>'. I� ..,a.L... Ik€ :a`nf-Si�nCI .r fr°j. r L/' p •'( ' t (Dl� na i r T I • ` � I t) i • ^,3 ' �'�� .0�000r ' _.� ��- l t I i - (r,<t _ i6"T•C� _ � II '7 r_-^ 1r -l-' � • 1' ';1 ionLSot. 1 . .5 ir- t_ _1 ._77 to I 'yyGG�� .rt-4 cc�1 ' ' .� \, :'�1 \II fn 1 •�^�J rlq1 '1 _. 'S '' I t 5 c 6Li zg fo77-1 " i ��. • .., Sr Go('•�1nu�Tron o{ ♦](�l u'i' ` � I , •1 + i' � Ii ' 11 Y ' � 12 3� .r jr..L?i-G°,` p • 1209 Main Street,Redwood City, CA 94063 �d1801L111 1 11111401111 (650) 569-4020 Fax (650) 569-4023 Date: December 19,2006 Report#: 996-LA06 DHS Certified Inspector: Glen Koutz/Emanuel Dounias LEAD SURVEY AND EVALUATION 1700 Oak Park Blvd. Pleasant Hill, California PREPARED FOR: Contra Costa County Public Works Dept. 255 Glacier Drive Martinez, CA. 94553 PREPARED BY: PROTECH CONSULTING AND ENGINEERING INTRODUCTION On December 11, 2006, ProTech Consulting and Engineering performed a cursory survey to detect the presence of lead-based paint (LBP) at 1700 Oak Park Blvd., Pleasant Hill, California. Lead survey work was performed for the purpose of identifying the presence of lead-based (LBP) paint on major building components. ProTech's lead survey services were conducted at the request of Contra Costa County Public Works Department. The following report presents the results of ProTech's lead building survey. Lead-related consulting services were conducted by Mr. Emanuel Dounias. The objective of ProTech's lead survey was limited to providing the following scope services: • Conduct an survey of the subject sites to identify suspect LBP on major building components. • Take random readings of painted surfaces by X-ray fluorescence (XRF) detector to determine the presence of lead-based paint on major building components. • Make general recommendations as appropriate. This screening survey was conducted for the purpose of generally characterizing the presence of lead-based paint on major building components. ProTech does not represent this screening survey as a comprehensive survey or evaluation. This survey and the sampling methodology used during this scope of work did not comply with comprehensive HUD lead survey methods of protocol. RESULTS Lead was detected in various amounts on a variety of building components. Sample results fell into one of three categories a follows: 1 Lead-based paint 1 milligrams of lead per square centimeter(mg/cm2)or (LBP) greater 2 Lead-containing paint <1 mg/cm2 of lead (LCP) 3 No detected lead (ND 0 or<0 mg/cm2 of lead There were fifty-nine (59) XRF reading taken throughout that site including 6 calibration readings. The results of these reading are summarized as follows: LBP: Ten (10) readings tested positive for lead-based paint (LBP). LBP was detected on a limited number of surfaces in various areas of the site. LCP: Twelve(12)readings tested positive for lead-containing paint ND: No lead was detected in thirty-one (31)readings (Note: At the clients request, supplemental paint chip sampling may be performed to confirm XRF sample location were no lead was detected. Cal OSHA does not accept a zero XRF reading as conclusive data to prove no lead. Lead Building Survey Job No. 996-MA06 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 2 Interpretation of XRF Readings: • Lead-based paint(LBP) is defined as paint (or other coating) that contains 1 mg/cm2 of lead or greater. • Test results below 1 me/cm2 but above 0.1 mg/cm2 are considered to contain detectable amounts of lead. These results are reported with a 95% confidence limit as calculated by the XRF paint analyzer. • Lead may be present in paint/coatings reported as Zero (0) or less than 0. Zero (0) or "non-detected" XRF results can not be used to determine that no lead is present for Cal OSHA worker protection purposes. Cal OSHA regulates lead at very low levels when employees engage in certain tasks involving lead. A more sensitive analytical method must be used to show that no lead is present for Cal OSHA compliance. Employers, whose employees plan to disturb painted surfaces at this site should assume that some lead is present unless proven otherwise via paint chip sampling and laboratory analysis. An inventory of all sample results can be found in the attached "Lead Survey Report". Paint sampling was not comprehensive or representative of all painted surfaces. CONCLUSION AND RECOMMENDATION • At the client's request, Supplemental paint chip sampling may be performed to confirm XRF sample location where no lead was detected (0.0 mg/cm'). Cal OSHA does not accept a zero XRF reading as conclusive data to prove that no lead is present. • ProTech recommends that lead hazards be remediated by a qualified lead abatement contractor. All lead abatement work should be performed by DHS certified personnel employing lead work practices in accordance with HUD guidelines. • Any work performed at the subject site where LBP or LCP is likely to be disturbed should be performed by a contractor trained and qualified to perform lead-related construction work. Any work performed to remediate a lead hazard should be performed by DHS certified personnel employing lead work practices in accordance with HUD guidelines. • ProTech recommends that contractors employ HUD developed, lead safe work practices if lead coated surfaces are to be impacted or disturbed. In general, "lead safe work practices" would include methods for controlling lead dust; properly controlling, collecting and disposing of lead waste; worker training, monitoring, and protection;.and environmental monitoring. • Contractors, whose employees disturbs more that 100 sq ft of lead-based paint (LBP), are required to submit written notification to Cal OSHA (per Health and Safety Code, Title 17 CCR Section 36000 (c)). The Cal OSHA LBP notification rule under requires 24 hour advance notice prior to LBP disturbance. • Contractors,whose employees work at this site,are required to assess if their work will be subject to the requirements of the Cal OSHA lead construction standard (CCR Title 8 § 1532). Cal OSHA standards are designed to regulate and enforce on-the-job worker safety. Employers are required by law to ensure that employees are not exposed to airborne lead levels which exceed the permissible exposure limit (PEL). Lead BuildingSurvev Job No. 996-MA06 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 3 The standard requires worker exposure monitoring, medical surveillance, training, special work practices,etc. Cal OSHA requires compliance with their lead construction regulation when: 1. The permissible exposure limit(PEL) will or may be exceeded. The PEL is an exposure to airborne lead dust of 50 micrograms of lead per cubic meter of air (50µg/m3)over an 8 hour time weighted average (TWA). 2. Employees perform "trigger activities"that impact a material containing lead in any detectable amount. Cal OSHA mandates that an employer assume the PEL will be exceeded when his/her employees conduct "trigger activities" involving lead. Trigger activities are defined as follows: Trigger Activity Anticipated Required Respirator Exposure • Manual demolition 50-100/<nVm3 Half-mask,air purifying • Manual scraping and sanding • Heat gun use • Use of power tools with dust collection systems • Spray painting with lead paint • Any other activity that the employer has any reason to believe that an employee may be exposed in excess of the PEL. • Using lead containing mortar 500-2500,um/m3 Full-face,air purifying,or • Lead burning Tight fitting PAPR, or • Rivet busting Supplied air, contiguous • Power tool cleaning without dust collection flow system •Clean-up of dry abrasive blast residue. • Abrasive blasting >2500ytm/m3 Supplied air, pressure • Welding demand • Cutting • Torch burning. • Contractors whose employees will be working on this project are required to assess lead exposure risk to their employees (as per Cal OSHA lead standard CCR Title 8 § 1532.1). In making this evaluation,contractors should: 1. Review all lead related documents and reports. 2. Become familiar and comply with Cal OSHA and other applicable lead regulations. 3. Make an assessment to determine potential worker exposure relative to the various lead-related construction work to be performed. 4. Collect supplemental data/samples if necessary. 5. Assess and monitor worker lead exposure levels during the performance of lead trigger tasks or other activities that may potentially expose workers to levels above the Cal OSHA permissible exposure level. 6. Determine compliance requirement relative to DOSH notification rules. Lead Building Survey Job No. 996-MA06 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 4 • Painted surfaces that contain levels of lead below l mg/cm2, may create lead lead- contamination if paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the owner and all future owners for the life of the building. ProTech recommends that the building owner establish baseline soil and dust lead levels at the subject site. Contractors performing work at the site should then be required to leave the site "clean" relative to pre-existing conditions as established by baseline sampling. ProTech recommends that the building owner disseminate this report as well as any other lead-related information to all prospective contractors bidding work at the subject site. Contractor should be encouraged to evaluate and possibly supplement this data to assess potential worker exposure impact and possible regulatory requirements associated with their particular construction scope of work. LEAD STANDARDS The following is a discussion of the lead paint, dust, and soil standards established by the California Department of Health Services (DHS), California Occupational Safety and Health Administration (Cal OSHA), Environmental Protection Agency (EPA), and U.S. Department of Housing and Urban Development (HUD). These standards were used to compare with the sample results obtained during the risk assessment of the subject property. Lead-Based Paint and Lead-Containing Materials: The DHS, EPA, and HUD define "lead-based paint" (LBP) as any surface coating which contains a lead content of 5,000 parts per million (ppm) (or 0.5% by weight) or greater. Accordingly, surface coatings containing a lead content below these levels are not considered LBP and are not considered a hazard as defined by DHS, EPA, and HUD. LBP can present a lead hazard if the paint is damaged or deteriorated. Cal OSHA defines lead-based paint at the Consumer Product Safety Commission's (CPAC) level of 600 ppm for non-trigger tasks (trigger tasks are discussed in the Lead- based Paint Regulation section of this report). However, when trigger tasks are conducted, the Cal OSHA regulation must be followed when there is any detectable lead in the product being disturbed. Government Agency Lead-based Paint Definition Lead-containing Material Definition OSHA and Cal OSHA 600 ppm or greater Any detectable amount DHS 1 m /cm'or 5,000 ppm(or reater) N/A EPA 1 Mg/CM2 Or 5,000 ppm(orgreater) N/A HUD 1 m !cm'or 5,000 ppm(or realer) N/A Lead In Dust: The DHS, EPA, and HUD have each established lead in dust standards to define the presence of a lead hazard. According to these agencies, a lead hazard is determined to be present when lead wipe sample results are at or above the following hazard levels. Lead Building Survey Job No 996-MAO6 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 5 Sample Location Hazard Level Hard Floors 40 4m/sq ft (50 DHS) Interior Window Sills 250µm/sq ft Exterior floors & horizontal window surfaces 400 pm/sq ft Lead In Soil: The DHS, EPA, and HUD have each established lead in bare soil standards to define the presence of a lead hazard. According to these agencies, a lead hazard is determined to be present when bare soil sample results are at or above the following hazard levels. Sample Location DHS Hazard Level Bare Soil (dwelling perimeter and yard) 1,000 PPM Bare Soil (children's play areas) 400.PPM . LEAD-BASED PAINT REGULATIONS California Department of Health Services (DHS) Title 17, CCR, Division 1, Chapter 8, Sections 35000-361000: The DHS has implemented a comprehensive regulation that provides an accreditation process for lead training providers and professionals. This regulation requires anyone conducting lead paint surveys, risk assessments, lead paint abatement and lead hazard reduction work in any public or residential building to be DHS trained and certified. A written abatement plan describing exposure prevention procedures, abatement methods, items to be abated, re-survey recommendations, and instructions on how to maintain potential lead hazards in a safe condition is required for all abatement work. DHS also requires notification of upcoming abatement work on Form 8551. This form must be posted at all job site entrances five days before abatement begins. The standard requires inclusion of certain elements in each hazard evaluation report including a copy of DHS Form 8552. In addition, the standard requires the use of HUD guidelines when performing lead risk assessments, surveys, monitoring, abatement and interim control work. Environmental Protection Agency (EPA) - Title X: Under the Housing and Community Development Act of 1992 (Title X) Congress required the EPA to take on many responsibilities. A few of the key issues are discussed below. On August 28, 1996, the EPA issued a model lead training and accreditation regulation. States were given two years to develop their own programs or adopt the EPA program. In California, the Department of Health Services (DHS) has developed a state training and accreditation program which is currently in effect. In March 1996,the EPA issued the Real Estate Notification and Disclosure Rule. This rule requires owners of all private housing built before 1978 to take four actions,as follows: 1. Disclose any known hazards to potential buyers or renters. 2. Give potential buyers or renters the EPA/HUD lead disclosure pamphlet titled "Protect Your Family from Lead In Your Home." 3. Allow potential buyers ten days to conduct an optional survey or risk assessment. Lead Building Survey Job No. 996-MA06 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 6 4. Add language to real-estate contracts that confirms compliance with the activities described above. The EPA's objective is to control renovation and remodeling work done in homes that might create lead dust hazards. In May 1998, they issued a regulation that will take effect in June 1999 requiring contractors working in pre-1978 homes to notify the owner if they will disturb more that two square feet of lead-paint. Department of Housing and Urban Development(HUD): HUD was the first agency to develop lead standards. By the end of the 1980's, HUD was developing numerous regulations and guidance documents to be used on HUD funded properties. In 1989, HUD published the most comprehensive lead guidance document for survey and management of lead paint hazards to date. A new guidance document ("Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing") for risk assessments, surveys, interim controls, and abatement of lead-based paint hazards replaced the old standard in August 1995. Chapter 7 of the 1995 guideline was revised in October 1997. The new HUD Standard remains the most comprehensive lead risk assessment, survey, management, and abatement guidance document. Many other federal, state, and local regulations mandate compliance with HUD Guidelines. California Occupational Safety and Health Administration - CCR Title 8 § 1532: Cal OSHA regulations are designed to regulate and enforce on-the-job worker safety. Employers are required by law to ensure that employees are not exposed to airborne lead levels which exceed the permissible,exposure limit (PEL) of 50 micrograms of lead per cubic meter of air (50 µg/m3) over an 8 hour time weighted average (TWA). Both California and Federal OSHA standards requires worker training, air monitoring to determine work exposure to lead, initial blood testing, personal protective equipment, and specific work practices and engineering controls whenever employees disturb lead in any concentration (including less than 600 ppm) where the disturbance will result in exposures to airborne lead in concentrations over the OSHA Action Limit or PEL. OSHA mandates that an employer assume the PEL will be exceeded when conducting "trigger activities". The Cal OSHA standard also requires DHS lead training and certification for any supervisors or workers who are shown to be exposed to airborne lead levels above the PEL. Thank you for this opportunity to be of service,please contact me if you require additional information. Respectfully Submitted, Emanuel Dounias DHS Certified Lead Inspector 13059 Glen Koutz DHS Certified Lead Inspector 12204 Lead Building Survey Job No 996-MA06 Contra Costa PW Dept./ 1700 Oak Park Blvd.,Pleasant Hill Page 7 LEGEND HOW TO READ THE REPORT Wall A, is the street-side wall of the building. Walls B, C and D go clockwise around the building or room REPORTS Summery--Gives only those readings at or above the action level of 1.Omg/cm2. Detailed Report—Gives all readings by room and component. Readings are not in numerical order. This report also gives comments PAINT CONDITION I=Intact F=Fair P=Poor Comments There were 59 readings taken,including calibrations,using the RMD XRF instrument.Ten(10)of the readings registered at or above the action level of 1.Omg/cm2. A contractor practicing Lead Safe Practices should do any repairs or repainting of the actionable areas. " A copy of this summary report must be provided to new lessees and purchasers of this property under Federal Law (24 CFR part 35 and 40 CFR part 745) before they become obligated under lease or sales contract. The complete report must also be provided to new purchasers and it must be made available to new tenants. Landlords and sellers are also required to distribute an educational pamphlet and include standard warning language in their leases or sales contracts to ensure that parents have the information they need to protect their children from lead-based paint hazards." Leo Landau 14320 Date LEAD PAINT INSPECTION REPORT REPORT NUMBER: S#01369 - 12/08/06 17: 35 INSPECTION FOR: Contra Costa County Public Works 255 Glacier Drive Martinez, CA 94553 PERFORMED AT: 1700 Oak Park Blvd. Pleasant Hill, California INSPECTION DATE: 12/08/06 INSTRUMENT TYPE: R M D MODEL LPA-1 XRF TYPE ANALYZER Serial Number: 01369 ACTION LEVEL: 1.0 mg/cm**2 OPERATOR LICENSE: California General STATEMENT: Lead paint survey as agreed. No representations are made for any areas not tested. SIGNED DATE ProTech Consulting & Engineering 1208 Main Street Redwood City, Ca. 94063 Phone: 650-569-4020 Fax: 650-569-4023 SEQUENTIAL REPORT OF LEAD PAINT INSPECTION FOR:Contra Costa County Public works Inspection Date: 12/08/06 1700 Oak Park Blvd. Report Date: 12/14/2006 Pleasant Hill, California Abatement Level: 1.0 Report No. S#01369 - 12/08/06 17:35 Total Readings: 59 Job Started: 12/08/06 17:35 Job Finished: 12/08/06 18:47 Read Room Paint Paint Lead No. Rm Name Wall Structure Location Member Cond Substrate Color (mg/cros) Mode 1 CALIBRATION 0.9 TC 2 CALIBRATION 0.9 TC 3 CALIBRATION 0.9 TC 4 001 Al A Wall U Rgt I Plaster White -0.1 QM 5 001 Al C Wall U Lft I Plaster White -0.1 QM 6 001 Al A Wall L Ctr I Wood Varnish -0. 1 QM 7 001 Al B Door Lft L Lft I Wood White 0.5 QM 8 001 Al B Window Ctr Sash I Metal White 0. 1 QM 9 002 A3 A Wall U Lft I Plaster White 0.0 QM 10 002 A3 C Wall U Rgt I Plaster White -0. 1 QM 11 002 A3 A Wall L Ctr I Wood Varnish -0. 1 QM 12 002 A3 D Door Rgt U Rgt I Wood White 0.3 QM 13 002 A3 B Window Ctr Sash 1 Metal White 0.0 QM 14 003 B1 A Wall U Ctr I Plaster White -0.1 QM 15 003 B1 D Wall U Ctr I Plaster White -0.1 QM 16 003 B1 B Door Lft U Rgt I Wood White 1.0 QM 17 003 B1 B Window Ctr Sash I Metal White 0.1 QM 18 004 B Mens Rm C Wall L Ctr I Ceramic Yellow >9.9 QM 19 004 B Mens Rm A Floor I Ceramic Green -0.3 QM 20 004 B Mens Rm A Wall U Rgt I Plaster white 0. 1 QM 21 005 Cl D Wall L Lft I Plaster White 0.0 QM 22 005 C1 A Wall U Lft I Plaster White 0. 1 QM 23 005 Cl D Door Lft L Rgt I Wood white 1.0 QM 24 005 Cl B Window Rgt Sash I Metal White 0.1 QM 25 006 D2 B Wall L Lft I Plaster White 0.0 QM 26 006 D2 D Wall L Lft I Plaster White -0.1 QM 27 006 D2 B Window Ctr Sash I Metal White 0. 1 QM 28 006 D2 D Door Rgt L Lft I Wood White 1.0 QM 29 007 D2 Bathroom A Wall L Ctr I Ceramic Yellow >9.9 QM 30 007 D2 Bathroom A Floor I Ceramic Green -0.3 QM 31 008 E Main Rm A Wall L Ctr I Wood Yellow 0.0 QM 32 008 E Main Rm C Wall L Ctr I Wood Yellow -0.1 QM 33 008 E Main Rm B Wall U Ctr I Plaster White -0.1 QM 34 008 E Main Rm D Door Rgt U Lft I Wood white 0.0 QM 35 009 E Kitchen A Wall L Ctr I Plaster Yellow 0.1 QM 36 009 E Kitchen C Wall L Ctr I Plaster Yellow -0.2 QM 37 009 E Kitchen A Window Ctr Sash I Metal White 0.0 QM 38 010 F Main Room A Wall U Ctr I Plaster White 0.1 QM 39 010 F Main Room C Wall U Ctr I Plaster White 0.4 QM 40 010 F Main Room D Door Ctr U Lft I Wood White 0.0 QM 41 001 A A Wall U Ctr I Concrete Yellow -0.1 QM .42 001 A D Wall U Ctr I Concrete Yellow 0.0 QM 43 001 A D Door Lft U Lft I Wood Green 2.8 QM 44 001 A B Fascia I Wood Brown 5.8 QM 45 002 C A Wall U Ctr I Concrete Yellow -0.1 QM 46 002 C C Wall U Rgt I Concrete Yellow -0.1 QM 47 002 C D Wall U Rgt I Wood Green 2.6 QM 48 002 C B Fascia I Wood Brown 5.2 QM 49 003 E B Wall U Rgt I Concrete Yellow -0.1 QM 50 003 E C Wall U Ctr I Concrete Yellow 0.0 QM 51 003 E C Wall L Rgt I Wood Green 3. 1 QM 52 004 Breezeway A Ceiling Ctr I Concrete Yellow 0.0 QM 53 004 Breezeway D Ceiling Ctr I Concrete Yellow 0.0 QM 54 004 Breezeway B Ceiling Rgt I Concrete Yellow -0. 1 QM 55 004 Breezeway A Column Ctr I Metal Brown 0.0 QM 56 004 Breezeway C Column Ctr I Metal Brown 0.1 QM 57 CALIBRATION 1 .0 TC 58 CALIBRATION 1.0 TC 59 CALIBRATION 1.0 TC ---- End of Readings ---- SUMMARY REPORT OF LEAD PAINT INSPECTION FOR: Contra Costa County Public Works Inspection Date: 12/08/06 1700 Oak Park Blvd. Report Date: 12/14/2006 Pleasant Hill, California Abatement Level: 1.0 Report No. S#01369 - 12/08/06 17:35 Total Readings: 59 Actionable: 10 Job Started: 12/08/06 17:35 Job Finished: 12/08/06 18:47 Read Paint Paint Lead No. Wall Structure Location Member Cond Substrate Color (mg/cm<) Mode Exterior Room 001 A 044 B Fascia I Wood Brown 5.8 QM 043 D Door Lft U Lft I Wood Green 2.8 QM Exterior Room 002 C 048 B Fascia I Wood Brown 5.2 QM 047 D Wall U Rgt I Wood Green 2.6 QM Exterior Room 003 E 051 C Wall L Rgt I Wood Green 3.1 QM Interior Room 003 B1 016 B Door Lft U Rgt I Wood White 1.0 QM Interior Room 004 B Mens Rm 018 C Wall L Ctr I Ceramic Yellow >9.9 QM Interior Room. 005 Cl 023 D Door Lft L Rgt I Wood White 1.0 QM Interior Room 006 D2 028 D Door Rgt L Lft I Wood White 1.0 QM Interior Room 007 D2 Bathroom 029 A Wall L Ctr I Ceramic Yellow >9.9 QM Calibration Readings ---- End of Readings ---- DETAILED REPORT OF LEAD PAINT INSPECTION FOR: Contra Costa County Public Works Inspection Date: 12/08/06 1700 Oak Park Blvd. Report Date: 12/14/2006 Pleasant Hill, California Abatement Level: 1.0 Report No. S#01369 - 12/08/06 17:35 Total Readings: 59 Job Started: 12/08/06 17:35 Job Finished: 12/08/06 18:47 Read Paint Paint Lead No. Wall Structure Location Member Cond Substrate Color (mg/cros) Mode Exterior Room 001 A 041 A Wall U Ctr I Concrete Yellow -0.1 QM 044 B Fascia I Wood Brown 5.8 QM 042 D Wall U Ctr I Concrete Yellow 0.0 QM 043 D Door Lft U Lft I Wood Green 2.8 QM Exterior Room 002 C 045 A Wall U Ctr I Concrete Yellow -0.1 QM 048 B Fascia I Wood Brown 5.2 QM 046 C Wall U Rgt I Concrete Yellow -0.1 QM 047 D Wall U Rgt I Wood Green 2.6 QM Exterior Room 003 E 049 B Wall U Rgt I Concrete Yellow -0.1 QM 051 C Wall L Rgt I Wood Green 3.1 QM 050 C Wall U Ctr I Concrete Yellow 0.0 QM Exterior Room 004 Breezeway 052 A Ceiling Ctr I Concrete Yellow 0.0 QM 055 A Column Ctr I Metal Brown 0.0 QM 054 B Ceiling Rgt I Concrete Yellow -0.1 QM 056 C Column Ctr I Metal Brown 0.1 QM 053 D Ceiling Ctr I Concrete Yellow 0.0 QM Interior Room 001 Al 006 A Wall L Ctr I Wood Varnish -0.1 QM 004 A Wall U Rgt I Plaster White -0.1 QM 008 B Window Ctr Sash I Metal White 0.1 QM 007 B Door Lft L Lft I Wood White 0.5 QM 005 C Wall U Lft I Plaster White '-0.1 QM Interior Room 002 A3 011 A Wall L Ctr I Wood Varnish -0.1 QM 009 A Wall U Lft I Plaster White 0.0 QM 013 B Window Ctr Sash I Metal White 0.0 QM 010 C Wall U Rgt I Plaster White -0.1 QM 012 D Door Rgt U Rgt I Wood White 0.3 QM Interior Room 003 B1 014 A Wall U Ctr I Plaster White -0.1 QM 017 B window Ctr Sash I Metal White 0.1 QM 016 B Door Lft U Rgt I Wood White 1.0 QM 015 D Wall U Ctr I Plaster White -0.1 QM Interior Room 004 B Mens Rm 020 A Wall U Rgt I Plaster White 0.1 . QM 019 A Floor I Ceramic Green -0.3 QM 018 C Wall L Ctr I Ceramic Yellow >9.9 QM Interior Room 005 Cl 022 A Wall U Lft I Plaster White 0.1 QM 024 B window Rgt Sash I Metal White 0.1 QM 021 D Wall L Lft I Plaster White 0.0 QM 023 D Door Lft L Rgt I Wood White 1.0 QM Interior Room 006 D2 025 B Wall L Lft I Plaster White 0.0 QM 027 . B Window Ctr Sash I Metal white 0.1 QM 026 D Wall L Lft I Plaster White -0.1 QM 028 D Door Rgt L Lft I Wood White 1.0 QM Interior Room 007 D2 Bathroom 029 A Wall L Ctr I Ceramic Yellow >9.9 QM 030 A Floor I Ceramic Green -0.3 QM Interior Room 008 E Main Rm 031 A Wall L Ctr I Wood Yellow 0.0 QM 033 B Wall U Ctr I Plaster white -0.1 QM 032 C Wall L Ctr I Wood Yellow -0.1 QM 034 D Door Rgt U Lft I Wood White 0.0 QM Interior Room 009 E Kitchen 035 A Wall L Ctr I Plaster Yellow 0.1 QM 037 A Window Ctr Sash I Metal white 0.0 QM 036 C Wall L Ctr I Plaster Yellow -0.2 QM Interior Room 010 F Main Room 038 A Wall U Ctr I Plaster white 0.1 QM 039 C wall U Ctr I Plaster white 0.4 QM 040 D Door Ctr U Lft I Wood white 0.0 QM Calibration Readings 001 0.9 TC 002 0.9 TC 003 0.9 TC 057 1.0 TC 058 1.0 TC 059 1.0 TC . ---- End of Readings ---- DISTRIBUTION REPORT OF LEAD PAINT INSPECTION FOR: Contra Costa County Public Works Inspection Date: 12/08/06 1700 Oak Park Blvd. Report Date: 12/14/2006 Pleasant Hill, California Abatement Level: 1.0 Report No. S#01369 - 12/08/06 17:35 Total Reading Sets: 53 Job Started: 12/08/06 17:35 Job Finished: 12/08/06 18:47 -------- Structure Distribution -------- Structure Total Positive Negative Inconclusive Ceiling 3 0 <0%> 3 <100%> 0 <08> Column 2 0 <0%> 2 <100%> 0 <0%> Door L Lft 2 1 <50%> 1 <508> 0 <0%> Door L Rgt 1 1 <1008> 0 <08> 0 <0%> Door U Lft 3 1 <33%> 2 <678> 0 <0%> Door U Rgt 2 1 <508> 1 <50%> 0 <0%> Fascia 2 2 <100%> 0 <0%> 0 <0%> Floor 2 0 <08> 2 <1008> 0 <0%> Wall 30 4 <138> 26 <878> 0 <0%> Window Sash 6 0 <08> 6 <100%> 0 <08>. Inspection Totals: 53 10 < 19%> 43 < 81%> 0 < 08> t APPENDIX B BUILDING DIVISION u CITY OF PLEASANT BILL N 100 Gregory Lane i Pleasant Hill,CA 94523-3323 (szs)571-5200 ;.FINANCE DEPARTMENT` APPLICATION FOR PERMIT PERMIT MUST BE VALIDATED This Application becomes the permit RECEIPT# g when approved by the Building a Phone No. Department and Number affixed. DATE 0 a Description: U Phone No. a a o a I I hereby affirm(check one): Value .y LICENSED CONTRACTOR'S DECLARATION 1 am licensed under provisions of Chapter 9(commencing with Section 7000)01 Division 3 of the Business and Professions Code.and my license is in full face and effect. License No. Class Expires OWNER BUILDER DECLARATION I am exempt Iron the Contractors License Law for the following reason(Section 7031.5.Business and Prdesslons Code: Any city or county which requires a permit to construct,aper,improve, demolish,or repair any structure.prior to Its issuance,also requires the applicant for won permit to file a signed statement that he is licensed pursuant to the provisions of the Contractors License Law(Chapter 9(commencing with Section 7000)of Division 3 o the Business and Professions Code)or that he is exempt therefrom and the basis lot the alleged exemption. Any violation of Secion 7031.5 by any applicant for a permit Subiea5 the applicant to a civil penalty of nor more MI,as owner of the property,or my employees with wages as their We compensation,will do work and the sruaure is not intended or offered for sale (Section 7004, Business and Professions Code: The Contractors License Law does not apply to an owner of property who builds or improves thereon,and who does such work himself or through his own employees,provided that such improvements are not intended or offered for sale. N,however,the building or Improvement Is sold within me year of completion,the owner-builder will have the burden of proving that he did not build or improve for the purpose of sale.) I,as owner or the property,am exclusively contracting with licensed contractors to consrud the project(Swim 7044,Business and Professims Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon;and who contracts for such projects with a convaaor(s)licensed pursuant to the Contractors License Law). I am exempt under Section Bus Less and Piolesslons Code fa this reason. WORKER'S COMPENSATION DECLARATIONS(Section 3800 Labor Code) (check one) I hereby affirm that I have a ceNlimte of consent to sea-Insure,or a certificate of Workers' Compensation Insurance,a a cenified copy thereof. Company Policy No.: Expires: I cenity,that in the performance of the work for which this permit is issued.I shall not employ any . person in any manner so as to become subject to the Workers'Caopensatim Law of California. NOTICE TO APPLICANT: M, after making this Certificate of Exemption, you should become subject to the Workers'Compensation provisions of the Labor Code,you must forthwith comply with such provisions or this permit shall be deemed revoked. CONSTRUCTION LENDING AGENCY(Section 3097 Labor Code) A consmctim lending agency for the performance of the work for which this permit Is Issued: Lender's Name: Lenders Address: I certify that)have read this application and state that the above information is correct. I agree to Permits shwa expire i an ispectim is not passed witlin 180 days of pema sale.or within 183 days of a prerias passed comply to all City ordinances and state laws relating to building construction,and hereby authorize inspection. representatives d the Cffy of Pleasant Hill to enter upon the above-memioned property lot inspection Is Me i t shall M be continued as an approval d arty violation of IM Suiali g.E3eclrinl,Mech-.Kml,Pofthg. eCodes I also agree to save, indemnify and keep harmless the City and its agents against all liabilhies. Clearances ban as Deparbnenb and Jumdictiom and payment of aA applicable lees are required before Frd mpecaon judgements,costs,and expenses which may in any way acc rm against said agency in consequence W be Made. of the gram,of the permit. X SIGNATURE DATE APPROVED BY (FOR THE BUILDING OFFICIAL) DATE PLEASANT HILL Project No. CONSTRUCTION AND ❑ Approved ❑ Waived DEMOLITION DEBRIS ❑ Not Approved RECYCLING ORDINANCE Staff Initials: WASTE MANAGEMENT PLAN City Or (WMP} For City use only Pleasant Hill Pleasant Hill C&D Recycling Ordinance requires at least 50% diversion of job-site waste materials from the landfill. Please answer the following: 1. Property Owner Name/Ph.# Job-site Address: Name of Project Manager: Address: Phone Number: Cellular Phone Number: Fax Number: 2. Identify the type of materials to be recycled, salvaged or disposed from the job-site.in Section I of the waste assessment table on the back of this page. 3. Identify how materials will be handled, who will haul materials or what facility materials will be going to in Section I of the waste assessment table on the back of this page. 4. Section II is to be filled out with supporting documentation upon completion of project. 5. Briefly state how materials will be sorted for recycling and/or salvage on the job site. 6. Will this project require the use of sub-contractors? ❑ Yes ❑ No If yes,'briefly state how you plan to inform and ensure participation by the sub- contractors of your job-site recycling and waste management responsibility. 1 WASTE ASSESSMENT I. BEFORE START OF PROJECT: Identify the materials that you estimate will be recycled, salvaged or landfilled. Identify the handling procedure, hauler and/or destination of each material type. II. UPON COMPLETION OF PROJECT: Indicate the material types and quantities recycled, salvaged or disposed from this job-site. Official weight tags must be submitted with this completed report identifying 1)job site address, 2) weight of load(s), 3) material type(s) and 4) if materials were recycled, salvaged or disposed. Section I Handling procedure, Section II City use Identify materials (✓) hauler or final Quantity of each material only Material Type destination of by wei ht Acceptable Recycle Salvage Landfill materials Recycled Salvaged landfilled weight tag staff initials Asphalt& Concrete Brick, Tile Building materials-doors, windows, fixtures, cabinets Cardboard Dirt/Clean.Fill Drywall Carpet padding/ Foam Plate/window Glass Scrap Metals (steel, aluminum, brass, copper, etc. Unpainted Wood & Pallets Yard Trimmings (brush, trees, stumps, etc. Other: Garbage If no materials are targeted for recycling or salvage, please state why. Contractor's Signature/ Date Property Owner's Signature/Date 2 ff: ALLIED WASTE SERVIEES SOLID WASTE AND RECYCLING INFORMATION Allied Waste Services is the exclusive fi-anchised hauler for residential and I commercial solid waste and recycling in the City of Pleasant Hill. Commercial recycling is mandatory. CONSTRUCTION AND DEMOLITION ORDINANCE The City of Pleasant Hill has a Construction and Demolition Ordinance. A The ordinance requires contractors to divert 50% of waste materials from landfills if a construction, demolition or renovation project is expected to cost $50,000 or more or if it will involve 5,000 or more square feet of space. To comply, each applicant for a building, demolition or encroachment permit submit a Waste Management Plan (WMP). The WMP must include: The total square footage of the area to be constructed or demolished. .. A list of construction and demolition materials to be generated. e The identity of the vendors or facilities that the applicant proposes to use to collect or receive the material. r . An acknowledgement that the applicant is responsible for meeting the 50 percent diversion requirement and for the actions of contractors or other x t agents in meeting the requirement. Allied Waste Services can provide debris boxes for single source separated := loads or commingled loads or cardboard, carpet padding, lumber/wood, rtshake roofing, 'metals, sheetrock, green waste, painted wood and small pieces and quantities of asphalt paving, concrete and rocks. Questions about these services? Contact Sarah Strawn, Recycle Coordinator (925) 671-5853 Y; . 441 N. 6uchononCricie Pocheco. CA 94553 9'25.685.4711 / FAX 925.685.4735 www.disposcLcom a4 r City of Pleasant Hill Construction and Demolition Debris Ordinance adopted by City Council Ordinance No. 774 on July 21, 2003 Cite ofPleasant Hill Consimcdon and Demolition Debris Ordinance A13,11, 2003 Pleasant Till Municipal Code Section 10-7, Construction and Demolition Debris Sections: 10-7.1 Findings 10-7.2 Definitions 10-7.3 Regulated projects 10-7.4 Authority to implement 10-7.5 Waste management plan; Performance security 10-7.6 Evaluation of WMP 10-7.7 Compliance with WMP 10-7.8 Exemption 10-7.9 Appeal 10-7.10 Enforcement 10-7.1. Findings. The City Council of the City of Pleasant Hill finds that: a. The State of Califomia requires that each local jurisdiction in the state divert 50% of discarded materials from landfills from the base year(1990) to December 3 1, 2000, and thereafter to maintain or exceed that diversion rate. (California Integrated Waste Management Act of 1989, Public Resources Code.§40000 and following; also known as AB 939.) b. Every city and county in California, including Pleasant Hill, could face fines of up to $10,000 a day for not meeting the above mandated goal. C. Construction and demolition debris (C&D)make up approximately 30%of California's waste stream. Reusing and recycling C&D debris are essential to further the City's efforts to reduce waste and comply with AB 939 goals. d. C&D debris waste reduction and recycling have been proven to reduce the amount of such material which is placed in landfills, increase site and worker safety, and be cost effective. e. Except in unusual circumstances, it is feasible to divert an average of at least 50% of all C&D debris from construction,demolition, and renovation projects. f The City of Pleasant Hill, along with other cities in Contra Costa County and California, is adopting an ordinance that requires construction, demolition and renovation.projects to recycle at least a portion of the resultant debris. g. To ensure compliance-,vith this section and to ensure that those contractors that comply with this section are not placed at a competitive disadvantage, it is necessary to impose a 1 performance security requirement. 2 chy of Pleasant Hill Construction and Demolition Debris Ordinance Julv21, 2003 10-7.2 Definitions In this section, the following definitions apply: "AB939" means Assembly Bill 939, the California Integrated Waste Management Act of 1989, and amendments to it, found at California Public Resources Code section 40000 and following. "Applicant" means any individual, or public or private entity that applies to the city for a building permit or encroachment permit (for construction, demolition or renovation). "Building official" means the city's chief building official or his or her designee. (For a public works project or work involving an encroachment permit, the public works director or his or her designee performs the function.) "City manager" means the city manager of Pleasant Hill or his or her designee. "Construction" means the building of any facility or structure or any portion thereof including any improvements to an existing facility or structure.. "Construction and demolition debris" or "C& D"means used or discarded materials resulting from constriction, renovation,remodeling,repair, demolition, excavation or construction clean-up operations on any pavement or structure. (See PHMC section 10-7 for regulations.) "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling. "Demolition"means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. "Divert"includes reuse and recycle. "Diversion requirement" means the diversion of at least 50% of the total construction and demolition debris generated by a project by reuse or recycling, or the requirement established by the building official for the project under an exemption. (See section 10-7.8.) "Encroachment permit"means the pen-nit issued for work in the public right of way, under PHMC chapter XV. For purposes of this section 10-7, "encroachment permit" refers only to a permit issued for city-sponsored work. "Performance security" means a performance bond, surety bond, money order, letter of credit, or ce tificate of deposit submitted to the city under section 10-7.513. i 3 City of pleasani I.'ill Consiruciion and Demolition Debris Ordinance Jul),21, 2003 "Project"means any activity involving construction, demolition or renovation, and which requires issuance of a building permit or an encroachment permit. Project also includes city- sponsored construction, demolition or renovation. "Regulated project" means a project of 550,000 or more, or a project which involves 5,000 square feet or more. (See also section 10-7.3.) "Recycli.ng"means the process of collecting, sorting, cleansing,treating, and reconstituting materials that would otherwise become solid waste,.and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code section 40201. "Renovation"means any change, addition, or modification to an existing structure. "Salvage"means the controlled removal of construction or demolition debris from a building or demolition site for the purpose of recycling, reuse; or storage for later recycling or reuse "Solid waste" means all solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, green waste, vehicle parts, discarded home and industrial appliances, sewage sludge (dewatered,treated or chemically fixed), manure, vegetable or animal wastes, and other discarded wastes under Public Resources Code section 40191. It includes recyclable materials that are discarded by the generator 1 and mixed waste. Garbage means kitchen and table food waste, and animal or vegetable waste that results. from the storage, preparation, cooking or handling of food. Refuse means garbage and rubbish. It does not include green waste or recyclable material. Rubbish means non-putrescible solid wastes such as ashes,paper, cardboard, tin cans, yard clippings,wood, glass,bedding, crockery, plastics,rubber byproducts or litter. "Total costs" means the total construction value of the project as calculated by the building division using the city's standard commercial and residential valuation formulas. \ "Waste management plan" or "WMP"means a plan approved by the city under this section, for a regulated project. "Ndtaste management plan fee" or "WMP fee" means the fee charged by the city to administer and implement the C&D ordinance. v 10-7.3 Regulated projects. A construction, demolition or renovation project within the city,the total costs of which are, or are projected to be, equal to or greater than$50,000, or which involve the construction, demolition or ! renovation of 5,000 or more square feet are considered regulated projects under this section 10-7. 4 City of PI easmu Hill Construction and Demolition Debris Ordinance July 21, 2003 It is unlawful to split or separate a regulated project into small work projects for the purpose of evading the requirements of this section 10-7. The applicant for a regulated project (a project of$50,000 or more, or a project involving 5,000 square feet or more) shall comply with this section 10-7. Compliance with this section shall be listed as a condition of approval on any building or demolition permit, or encroachment permit, issued for a regulated project.The failure to include such a condition does not relieve the applicant fi-om complying with this section. Builders of projects which are not regulated are encouraged to divert as much C&D debris as possible. No building, grading, demolition or encroachment permit shall be issued for a regulated project unless and until the building official has approved a WMP for the project. 10-7.4 Authority to implement. The chief building official is authorized to implement and is responsible for implementing this section 10-7. The public works director is authorized to implement this section 10-7 when the work is a public works project or involves an encroachment permit. 10-7.5 1I'aste management plan; Performance security. A. WMP Application. Each applicant for a building, demolition or encroachment permit (for a regulated project) shall submit a completed waste management plan (WMP) with the first plan check. The completed WMP shall include all of the following: 1. The total square footage of the area to be constructed or demolished. 2. A list of the C&D debris material types to be generated; and 3. The identity of the vendor(s) or facility(ies) that the applicant proposes to use to collect or,receive that material. 4. An acknowledgement of responsibility that the applicant understands the consequences of not meeting the 50 percent diversion requirement and that the applicant is responsible for the actions of their contractors or other agents with regard to the diversion requirement. In preparing the WMP, an applicant for a plan check involving the removal of all or part of an existing structure shall consider deconstruction; to the maximum extent feasible, and shall make the materials generated thereby available for salvage before placing in a landfill. B. Performance security. 1. Requirement. The applicant for any regulated project shall submit a performance security. The amount of the performance security shall be calculated as a percentage of the project's total cost, as follows: Cil;of Pleasant Hill Constniction and Demolition Debris Ordinance Jul;21, 2003 PPro'ecTotal Costs- $ Performance Security- % Performance Securit 5000—500000 2.00 1,000— 10,000 50001 — 1.000.000 j 1.75 10.000— 18.750 o,,Ot ,000,001 —2;000.000 1.50 18.750— 33,750 2,000,001 —5.000.000 1.25 33.750— 91.250 Above 5,000.000 j 1.00 91,250 and u 2. Fora of security. The performance security may be a performance bond, surety bond,money order, letter of credit, certificate of deposit, cash, escrow account, or alternate security approved by the city attorney. 10-7.6 Evaluation of RTIVIP. A. Approval. The building official shall approve a WMP only if he or she first determines that all of the following conditions have been met: I. the WMP provides all of the information set forth in section 10-7.5; and 2. the WMP shows that at least 50% of all C&D debris generated by the project will be. diverted. If the building official determines that all of the above conditions have been met, he or she shall l mark the WMP "Approved", retum a copy of the WMP to the applicant, and place a copy of the approved WMP in the building permit file for the project. B. Denial. If the building official determines that the WMP is incomplete or fails to show that at least 50% of all C&D debris generated by the project will be diverted,he or she shall either: I, return the WMP application to the applicant marked 'Denied", including a statement of reasons, and retain a copy of the denial in the building department. The building division shall then invnediately stop processing the plan check; or 2, return the WMP to the applicant marked "Further Explanation Required", and retain a copy in the building department. C. Approval required before building permit. Notwithstanding any other provision of this code, no building permit or encroachment permit shall be issued for any regulated project until: 1. the building official has approved the WMP. However, approval is not required if the building official determines that an emergency demolition is required to protect public health or safety; 2, the applicant posts the required performance security,under section 10-7.513; and I 3, the applicant pays the WMP fee in the amount established by city council resolution. 6 City ofPleasmu Hill Construction and Demolition Debris Ordinance July 21, 2003 10-7.7 Compliance with W1b1P. A. Hp licar;t's docimmentation. Before the issuance of a certificate of occupancy of any regulated project, the applicant shall submit to the building official documentation that it has'met the diversion requirement for the project. This documentation shall include all of the following: I. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material. (The documentation may be for commingled loads when appropriate.); 2. A copy of the approved WMP, with the addition of the actual volume or weight of each material diverted or placed in a landfill; 3. Any additional information the applicant believes is relevant in determining efforts to comply in good faith with this section. B. Weighing of wastes. An applicant shall make reasonable efforts to ensure that all C&D debris diverted or placed in a landfill is measured and recorded using the most accurate method of measurement available. 'I•o the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion table approved by the city for this purpose. C. Determination of compliance and release of performance security. The building official shall review the information submitted under section 10-7.5 and detennine whether the applicant has complied with the diversion requirement, as follows: I. Full compliance: If the building official determines that the applicant has fully complied with the diversion requirement, he or she shall cause the full performance security to be released to the applicant within 30 days of the applicant's submission of the documentation required under subsection A above. 2. Good faith effort to comply. If the building official determines that the diversion requirement has not been achieved; he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination,the building official shall consider the availability of markets for the C&D debris placed in a landfill, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the building official determines that the applicant has made a good faith effort to comply with this section,he or she shall release the performance security; or a portion of it in proportion to the dea-ree of compliance, to the applicant within 30 days of the applicant's submission of the documentation required under subsection A above, 7 City of Pleasant Hill Construction w;d Demolition Debris Ordinance July 21, 2003 i 3. Noncompliance. If the building official detennines that the applicant has not made a good faith effort to comply with this section, or if the applicant fails to submit the documentation, then, at the building official's discretion, (1) the certificate of occupancy will not be issued, or (2) the performance security shall be forfeited to the city,or (3) both. 4. Use of forfeited security. Forfeited performance securities shall be deposited into a special account and used for the purposes of(1)payment of any fines which may be assessed against the city, and (2)promoting diversion and recycling within the city. 10-7.8 Exemption. A. AW) ieation. If an applicant for a regulated project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under section 10- 7.5. The applicant shall indicate on the WMP die maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement. B. Meeting with building official. The building official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the building official shall detennine whether it is possible for the applicant to meet the diversion requirement. C. Granting of exemption. If the building official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall deten-nine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The building official shall return a copy of the WHIP to the applicant marked "Approved with exemption" and shall place a copy of the approved-with-exemption WMP in the building department project file. D. Denial of exemution. If the building official determines that it is possible for the applicant to meet the diversion requirement,he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with this section, the building official shall deny the WMP in accordance with section 10-7.613. 10-7.9 Appeal. An applicant may appeal a determination made under,this section to the city manager. To appeal, the applicant shall file a written appeal with the city clerk within 10 days after the determination of the building official, stating the reasons for the appeal. An appeal is limited to the following issues: (1) the granting or denial of an exemption; (2)whether the applicant has made a good faith effort to comply with the WMP; and (3) the amount of security to be released. The city manager shall hear the appeal within 30 calendar days, and shall give 10 days prior written notice to the ? applicant. 8 Cite of Pleasant Hill Construction and Demolition Debris Ordinance Jule 21, 2DD3 10-7.10 Enforcement. A.. Civil action. Violation ofthis section may be enforced by civil actier including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys'fees and costs from a person who is determined by a court of competent jurisdiction to have violated this section. B. Misdemeanor. A violation of this section constitutes a misdemeanor as defined in Government Code section 36900. However, the city attorney or other city enforcement officer is authorized to prosecute the violation as an infi-action, at his or her discretion, punishable as set forth in section 1.5 of this code. Where the violation is the failure to achieve the diversion requirement and the C &D materials from the project have already been placed in a landfill, the violation shall be deemed to have ceased after a period of ten days. C. Public nuisance. A violation of this section is a public nuisance. D. Authority to enforce. The convnurvty development director and the city attorney are authorized to enforce this section." LAROBBLNS'aolid wastc\C-D ordSFINAL.doc I t 4 City of Pleasant Hill Cons:rtrction and Demolition Debris Ordinance July 21, 200, APPENDIX C Comm unityContra Dennis M.Barry,AICP Community Development Direclor Development Costa _ Department p County County Adminlsiraiion Building -- - 651 Pine Street 4th Floor. North Wing — Martinez. California 94553-0095 NK — Phone: c.L. WC1'ti, %(lilWTYCLEP,Jt (9_5) ;35-1.17 t;[}1?►.I'. CE?ST�, CGUf�TIr November S, 2006 _NPUTY I ' NOTICE OF PUBLIC REVIEVII AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION Disposition and Potential Demolition of the Former Oak Park Elementary School Site Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: PROJECT NAME: Disposition and Potential Demolition of the Former Oak Park Elementary School Site. APPLICANT: Contra Costa County Community Development. LOCATION: 1700 Oak Par): Boulevard, Pleasant Hill, DESCRIPTION: Proposed Proiect: The proposed project involves 1) the County purchase of the '-acre MDUSD Property; 2) the County sale of the 2-acre I\4DUSD Property together with the 8-acre County Property; and 3) the potential demolition of the former Oak Park School building prior to sale. Potential Development of the Property As stated in the California Environmental Quality Act (CEQA) Guideline Section 15144. prepatin , a Negative Declaration involves some degree.of forecasting. An agency must do its best to disclose all that it reasonably can. Since development of the Property is foreseeable, this document includes a discussion of the potential development of the Property, and its foreseeable. impacts. Office Hours Monday - Friday:8:00 a.m. - 5:0D p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month It is important to note that no development has been proposed for the site and no applications have been submitted to the City of Pleasant Hill. It is not possible to predict all the impacts the future development will cause on the environment. However, the County believes development of the site is foreseeable and for purposes of this analysis is assuming that future development will provide a level of development commensurate with the City of Pleasant Hill General Plan and Zoninn Ordinances. As stated under Section 15145; Speculation, "if, after thorough investigation, a lead agency finds that a panicular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact." The mitigations presented in this environmental document are intended to reduce impacts of potential demolition and some of the foreseeable impacts of potential development. Upon submittal of development applications to the City of Pleasant Hill, additional mitigations may be adopted in a future environmental review to address the full impacts of the development. SURROUNDING USE/SETTINGS: : The site constitutes parcel (APN #149-230- 005) former 9-acre site of the Oak Park ElementaTv School; which is located immediately south of the former 30.2 acre High School site (APN #1149-230-008). The surrounding- land uses include the East Bay Municipal Utility District (EBMUD)right-of-way. Grayson Creek, a senior citizen facility, and detached single-family residences to the east; City of Pleasant Hill and City of Walnut Creek additional detached single-family residences to the south; the Contra Costa Main Library and the offices of the Contra Costa County Board of Education to the west; and Pleasant Hill Middle School (former Hieh School) owned by the Mt. Diablo Unified School District. ENN71RONMENT.AL EFFECTS: The Initial Study for the proposed project identified potentially significant impact in the environmental areas of Air Quality. Hazardous Materials and Noise. Environmental analysis determined that measures were available to mitigate potential adverse impacts to insignificant levels. As a result, a Mitigated Negative Declaration (MND) has been prepared pursuant to Public Resources Code Section 21080(c). 21063.5; and Article 6 of the. California EnVironmental Quality Act (CEQA) Guidelines. Pursuant to the requirements of CEQA (CEQA Guidelines Section 1507 1) the MND describes the proposed project; identifies, analyzes, and evaluates the potential significant environmental impacts, which may result from the proposed project, and identifies measures to mitigate adverse environmental impacts. With the mitigations identified in this document designed for the proposed project, will ensure that the project will not cause a significant impact on the envirorunent. A copy of the Mitigated Negative Declaration and all documents referenced in the Mitigated Negative Declaration may be reviewed dunng business hours in the offices of the Community Development Department, and Application and Permit Center at McBrien Administration BuddinL�. North Wink. Second Floor, 651 Pine Street, Martinez. The proposed project will not result in significant environmental impacts. Public Comment Period- The Period for accepting comments on the adequacy of the environmental document extends to Tuesday, November 28, 20(1(1. nt 5:00 P.M. An%1 comments should be in vvritina, and submitted to the following address: Name: Telma Moreira,Project Plarmer (925) 335-1210 Community Development Depanmcnt Contra Costa County 651 Pine Street, North Wing, 4'�' Floor Martinez, CA 94553 it is anticipated that the proposed Mitigated Negative Declaration will be considered for adoption at a meeting of the Board of Supervisors on December 5, 2006. The hearing is anticipated to be held at the McBrien Administration Building Room 107, Pine and Escobar Streets, Martinez. 0 Telma Moreira Senior Planner cc: County Clerks Office (2 copies) l 3 r hT"CA.CHIh£NT F.-H 111 � 0 r� 1. 7: u arcs 4 On✓>J4i 1J 11' x d 1 CCIJ Ln U+ 4 eY�{ f v t: r 4..::j c t-.�� '� ° I` + tr ,: rr-t,%Y•I }y^.�,d:t��S'W,�{�•`�, ��<c�at� T� ��cti a ' n f, + { �C el .•t+r+-V�t�X•'°5� �+'�Te1C5 �i�3��` . OWN-- te of vY.._✓' ,Ji >.a t+vi I, 1 \P3.' � y, \7 7tY1,Yea rS S7 gg,v, A'~i S �»�•�r i/ `} I �I ,, it ,P�•''' {t�1 fy�``��iy i1' va t.,121� ° kY4 t 11 �rl I V. `� � r a,V s} r d f.l�.°✓J �tIK G'+{ iflfl�y .' O , g �,� , w �• ,� c�'ds ''!; >.`„';. .1 „ 4 44Nr'„, •� tRy, •ss • ,� r,, ,�1{�L<. �,ylz`l�” '�<£�''� i�`N6{f"� �r°$1",+�', , t:, • 9 1 ! �� ` ! ` h'Te y�'a'./b 1ttsa OF. d+7'i ��r . 11- �� k 4 t � 1 , S'�s t: t,. �'p �s t 7. �� ♦ V�, A = -RIM�� r6,I��q't'r ''PSrK ',��':"��"��•i�� A;' �� .► •,, ® ems a�� f �� ''�, ,�, < ,}` �` i t i}1�1Ta s{V •11 i`•`t• •\ .V t Now91 mu '�,- ,��ri�•�r ,ter ®�:y,��:-�' a •s rr MITIGATED NEGATIVE DECLARATION Disposition and Potential Demolition of the Fonner Oak Park Elementary School Site Located in the City of Pleasant Hill, CA PREPARED BY: CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street, N. Wing — 4`h Floor Martinez, CA 94553 91' " November 200E Environmental Check-list Form 1. Proiect Title: Disposition and Potential Demolition of the Former Oak Park Elementan School Proper, =. Lead .Agency Name and Address: Contra Costa COunn' Community Development Dept. 651 Fine Street. 2"' Floor.North Wing Martinez. CA. 94553 Attn: 7 ehrta Moreira Contact Person and Phone Number: Contra Costa Communin, Development 2530 Arnold Drive. Suite 190 Martinez. CA 9455_. Ann: James Kennedv Deputy Director- Redevelopment 4. Project Location: 1700 Oak Park Blvd. Pleasant Hill. CA 94523 APN k 149-230-005 and X149-230-008 >. Project Sponsor's Name and Address: Contra Costa County Comnunin,Development 2530 Arnold Drive, Suite 190 Martinez. CA 94553 Attn. James Kennedy Deputy Director- Redevelopmem b. General Plan Designation: Mixed Use. MU (S-acre Count. ProperTv) portion of flit District's property (2-acre) designated as "School' under the City of'Pleasam Hill General Plan 7. Zoning: Planned Unit Development. PUD (County Property) and R-10 Single-family Residential (Districts property:; 9, Description of Project: Background: The County of Contra Costa ("the Counn'") is the owner of an 8-acre site in the City of Pleasant Hill that was the. fonner Oak Park Elementary School site (the "Counn Propem-"). The site has not been used as a public school for over twenty veers. during which time the. County owned the property. The Mt. Diablo Unified District ("the District") is the owner of an adjacent 2 acre site. over which the County holds an Easement(the"MDUSD Propene"1. Coliectiveh,the 10-acre site is the "Proper History of the Comm' Properrv: The former Oak Park Elementar. School site was acquired in 195) by the Countv in an exchange of land with the Contra Costa Count Office of Education. The property- was originall.v acquired for a central county- courts complex. a proposal which was abandoned due to conununin1 opposition. In the early 1990°s the County worked with the Cin of Pleasant Hill, its Redevelopment ALenc)', tite Mi. Diablo Unified School District. and the Pleasant Hill Park and Recreation District to devclon a plan for disposition of the former Oak Park Elementary School site as pati of a reuse program. \ hilt several ideas and conceptual plans were adopted for the site. there has been no consensus between the panies involved on plans for development of the Elementarq School site. In August of 200). the Contra Costa CDnry Board of Supervisors agreed to participate on an Ad Hoc Police Task Force with the Cin of Pleasant Hill and the School District regarding the South Pleasant ]-till issues which included the former High School Site (now used as a Middle School). Beatrice Road (County Flood Control Site).. County Central Library. and the former Oak Park Elementary School site. Purpose ofthe Project: The purpose of the project is as follows: • Country purchase of the 2-acre N4DUSD Propem: • County sale of the 2-acre MDUSD Propem,together with the S-acre Cpumv Proper}: and • Potential demolition of the fonner Oak Park School building prior to sale. Potential Development of the Properry As stated in the California Environmental Quality Act (CEQA)Guideline Section 15144, prepnrine Negative Declaration involves some degree of forecasting. An agency must do its best to disclose all .that it reasonably can. Since development of the Property is foreseeable, this document includes a discussion of the potential development of the Propemi. and its foreseeable impacts. It is important to note that no development has been proposed for the site and no applications have heen submitted to the Ciry of Pleasant Hill. It is not possible to predict all the impacts the future development will cause on the environment. However, the County believes development of the site is foreseeable and for purpose;of this analvsis is assuming that future development will provide a level of development commensurate with the City of Pleasant Hill General Plan and Zoning Ordinances. As stated under Section 15145. Speculation. "If. after thorough investigation. o lead aaencr firms ihw a particarlar impact is you sPeculalire lar evaluation. the agency shnadd nae i1Scnnchrsinn and wrininale discussion of the impact ' The mitigations presented in the following sections of this document are intended to reduce impacts of potential demolition and some of the foreseeable impacts of potential development. Upon submittal of development applications to the City of Pleasant Hill. additional mitigations may be adopted in a future environmental review to address the full impacts of the development. 9. Surrounding Land Use, and Setting: The site constitutes parcel (APN 4149-230- 005) former S-acre site of the Oak Park Elementary School. which is located immediately south of the former 30. acre Hinh Schoo? site (APN =!149-';0-005). The surrounding land uses include the Last Bay Municipal Utility District (EBMUD) right-of-way. Grayson Creek. a scnior citizen facility. and detached sine)--farm)\ residences to the east: Cite of Pleasant Hill and City of Walnut Creel; additional detached single-family residences to the south: the Contra Costa Main Library and the offices of the Contra Costa County Board of Education to the west: and Pleasant Hill Middle School (former High School) owned by the 1\9t. Diablo Unified School District. i 10. Other public agencies. whose Mt. Diablo Unified School District and Contra approval is required (e.g. permits, Costa County. fmancinn. approval. or participation agreement): ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked beloxv would be potentially affected by this project. involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the follovvin., patges. Land Use and Planning _ Transportation.,' _ Public Services Population &-- Housing Circulation _ Utilities & Service _ GcoloLical Problems _ Biological Resources Svstems W.-iler Quality _ Energv Mineral Aesthetics x Air0uality Resources _ Cultural Resources X Mandatory Findings of X Hazards _ Recreation Si:mificance X Noise DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed prosect could have a significant effect on the environment. there will not be a significant effect in this case because the mitigation measures described on an anached sheet have been added 10 the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a sipificant effect on the environment. and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment. but at least one effect (I ) has been adequately analyzed in an earlier document pursuant to applicable legal standards. and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. if the effect is a "potentially significant impact" or "potentially significant unless mitivaced." .An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only- the effects that remain to be addressed. I find 0131 although the proposed project could have a significant effect on the environment. [here WILL NOT be a significam effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitivated pursuant to that earlier Ell.. including revisions or mitication measures that are imposed upon theproposed project. 2. 6 Signature Date 1-elma Moreira Senior Planner Contra Costa County Communis Development Department �i¢naicani Pnmuiall, Univ- Lcs,Than S,tnnnCant \;.anon smmrman, N,. hnn:¢I IncemomicG Imonei Inyigi SOURCES In the process of preparing the Checklist and conducting the evaluation. the folloxving references (which are availahle for review at the Contra Costa County Community Development Depannrent.. 651 Pine Street 2nd Floor-North Wing. Maninez) were consulted: 1. City ot'Pleasant Hili General Plan. July 21, 2003 2. City of Pleasant Hill Draft EIR for the City's Draft General Plan. January 2003 3. Contra Costa County Resource Mapping System - Walnut Creek Quad Sheet Panels. CA 4. Contra Costa County Important Familand Map 200=' 5. Contra Costa COUnn' Rare EndanLyered and Unique Plants and Animals Map 6 Cortese. List 7. South Pleasant Hill Detention Basin Area Transportation Study.. prepared by Fehr & Peer, November 2001 S. Phase 1 Environmental Site Assessment Report, prepared by Jonas & Associates Inc., November 2000. 9. Consensus Plan Pleasant Hill Adult Center. Formerly Pleasant Hill High School. prepared by Lovin,n & Campos. November 1995. 10. City of Pleasant Hill Policies Regardine Development and Redevelopment of the Dai: Park Suldv .Area. prepared M the Pleasant Hill Redevelopment Agency. .lune 1992. ] I. South Pleasant Hill Issues - Contra Costa County Board Order by Marl: DeSaulnier. Supervisor. dated August 14. 2 00 1. 12. Contra Costa County General Plan. 2005-2020. s IIl)ICilllall\' Si FmlGcvu Pn¢mmlly lL\ie ss Lese Than Slpifcam Mihtmloh Samificmn NO lim,aci Luorno•med Im au Imn,�n EVALUATION OF ENVIRONMENTAL IMPACTS: 1. AESTHETICS— Would the project: a. Have a substantial adverse effect on a scenic vista, X b. Substantially damage scenic resources. including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c. Substantialiv degrade the existing visual character or quality of the site and its surroundings? X d. Create a nese source of substantial light or glare that would adverse)v affect day or nighnime views in the area? X Summary of Comments: The CEQA Guidelines indicate that a project will normally have significant adverse visual impacts if it would: Have a substantial. adverse effect on a scenic vista: Suhsiantialk, damage scenic resources. includim_. but not limited to, trees. rock outcropping. anti historic buildings within a state scenic higfiwny: Substantially degrade the existing visual character or quality of the site and its surroundings: or • Crcatc a nest' source of substantial light or glare that would adversely affect day or nighttime vieWs in the area. The proposed project includes the sale by the MDUSD and the purchase by the County of a 2-acre portion of the MDUSD Property (30-acre former High School site), disposition of the Property (which would total 10 acres after the ,-acre purchase). and potential demolition of the fornier Oak Park Elementary School. Tile Cnunr ProoelTy has a General Plan designation of Mixed Use and Zonin` designation of Planned Unit Development. The MDUSD PropelT is zoned as R-10. Single Family Residential with a General Plan designation of School. The former Oak Park Elementary School occupies most of the tyestern portion of the County Properr. The former Pleasant Hill High School (District's propery noel used as a Middle School) is in operation and it is located north of the County Properzy, The surrnundim, land uses include the East Bay Municipal Utility District (EBMLD) right-of-wail. Grayson 6 Na:<m�en� - siFmir¢ani TIOI el i a I Is Un ns Less Than S irmi ream Ldn�vaum sipnificmu No I,➢OOLI Incoroorme Impact Imssm Creel:. a senior citizens facility,. and detached single-family residences io the east: additional detached sirwie- family residences to the south: the Contra Costa Main Library and the offices of the Contra Costa COUnN Board of Education to the west: and Pleasant Hill Middle School (former High School) owned by the Mt. Diablo Unified School District. Oa1< Park Boulevard is designated as a scenic corridor The Cite of Pleasant Hill Zoning Ordinance retluires approval by the City's appointed Architectural Review Commission for all exterior consnvction of sincrle- family residences. The Cite of Pleasant Hill General Plan Housing Element (Table H22. Potential Sites for Flousinc 1999-3006) identifies the Counh Property as site for the development of potentially 96 housing units. As identified in the Cite of Pleasant Hill Land Use Element, the site has a General Plan designation of Multi Use and is zoned as Planned Unit Development. According to the General Plan. the 10-acre Propem could yield a total of 120 residential units(13 units per 1 net acre). Potential Develonmem Demolition of the site could cause a nuisance to the neighborhood: however. it would be only temporal in. nature. While evaluating the devOopnteni of the site to its full development capacit'. either i20 residential units. of combination of commercial% recreational and residential.. it is possible that development of the site ma% have an aesthetic impact on the surrounding area. No development has been proposed for the site, and it is not lutown if future development will be limited to residential. commercial, or a combination of all . Without a description of the proposed development. it svouid be speculative to assume the aesthetic impacts the development could cause . 11 AGRICULTURAL RESOURCES a. Convert Prime Farmland. Unique Farmland, or Farmland of Statewide Importance (Farmland). as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b. Conflict with existing zoning for agricultural use. or a Williamson Act Contract? Involve other charleeS in the existing environment. which due to their location or nature. could result in conversion of farmland, to non-agricultural use`' x POI Clll lill\' 51r'11111Can1 Potemialie Unless Less Thant Sltm i 6ca nl r'+1111 cation S,Lmif ca nl 14 ham IIICurnOralell imam lu�rt Summan• of Comments: There are no agricultural uses associated \vith the Property. The site is not subject to a Williamson Act contact. nor is the site listed in the 2002 Contra Costa County Important Farntlaiid Map. ill. A1r' oUALrfY a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality, standard or contribute to an existing or projected air quality violation? X c. Result in a cumulative) considerable net increase of any criteria pollutant for which the project region is a nem-attainment under an applicable federal or state ambient air qualit\r standard tincluding releasing emissions which exceed quantitative thresholds,for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations"? Create obieciionable odors affecting a substantial number of people'.) , Sunmumv oFComments: According to CEGA Guidelines, a project will normally have a significant adverse impact on air quality if it will violate any ambient air quality standard, contribute substantially to an existing or projected air quality• violation. or expose sensitive receptors to substantial pollutant concentrations. Potential Demolition; It is likely that demolition will be conducted by the site's future developer. Should demolition take place. shoe-term emissions and objectionable odors may be generated during project-related demolition activity: these effects would be minor and temporary. Demolition can generate dust and other pollutants originating FrOm motorized construction equipment. . The implernentation.of dust control practices inchiding general watering of exposed areas will minimize project- related air quality impacts during demolition. With the implementation of hest management practices. the minor. negiigible deterioration of ambient air quality during demolition at the project site will have no adverse Ione-term impacts to air qualirv. Potential Dcweloomenl: It is expected that the impact of the potential future construction will also 1_Iene ml dust and other pollutants originating from motorized construction equipment. The development of the site Will not involve the establishment of uses that will emit a large source-of pollutants during its operation, there would be no stationary source pollutants (pollutants generated by the operation of the project) and most of the s Poluvlalle S lenifcam Poamialhunless Len Than SwIlil¢5111 MilipalNn Cl Lnllfl coni Np Im ag InCOMO nled Ig� lin�i-,1 pollutants would be eeneraied during construction phase, which is temporary in nature. The Bay Area Air Qualiry Management District has esiabiished threshold of significance for some pollutants; however. [he threshold applies to the operation of a project. and not to the pollutants generated during construction because they are merely temporary in nature. In order to minimize impacts during potential demolition and construction of the potential development. the following mitigations will ensure that air quality impacts are less than significant. AIR-1 During construction all active construction areas should be watered at least twice daily. AJR.2 During;construction all paved access roads and staging areas should be swept with water sweepers three times daily to control dust. AIR-3 During consiruction and/or demolition trucks transporting earth material off site should be covered and speed limited to 15 ntph. AIR-4 Dun)) construction erosion contTot measures should be installed to prevent silt runoff to public roadways if rain is forecasted within 7' hours. AIR-5 During construction andior demolition contractors should be required to use properly tuned and muffled equipment and eliminate unnecessary idling_ of equipment when.not in use. IV. BIOLOGICAL RESOURCES— Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications. on any species identified as P. candidate. sensitive, or special status species in local of regional plans, policies. or regulations. or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local of rcpional plans. policies. regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c. Have a substantial adverse effect on federaliv protected wetlande as defined by Section 404 of the Clean \Vater Act (including but not limited to, marsh. vernal pg01, coastal. etc.) through direct removal. filling, hydroloLical interruption. or other means? X cf. interfere subsi3ritially with the movement of any 9 (•oar n,udi, s iEmaw ani Pommiall'. Linlrs� Lcxs'rl,on swniGcan: Mmuntion St"116Cmn M. L+y hrcomorarcri lm ;rel Imona native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors. or impede the use of native wildlife nurser),sites? X e. Conflict with any local policies or ordinances protecline biological resources. such as tree preservation policy or ordinance? X f. Conflict with the provisions of an adopted ]-Habitat Conservation plan, Natural Community Conservation flan, or other approved local, regional or state habitat conservation plan'? Summary of Comments: The 10 acre Property has flat topography. Vegetation consists predominately of fallow turf with miscellaneous shrubs and trees along the perimeter of the Property. The major waterways in the City of Pleasant Hill are Grayson Creel; and Contra Costa Canal. These waterways are larsely paved and channelized. Nevenheless. these waterwat, provide some habitat in the channel bottoms. where sediment has collected and created opportunities for vegetation and animal species. A portion of the Fast Branch Grayson Creek is located within the MDUSD Piopei-R,: however,outside of the County Propem. The Properry is located within an urbanized area of the Cir), of Pleasant Hill, The potential demolition of the former school huildine Will cause a less than significant impact on hioloey. \'. CULTURAL RESOURCES— \\%ould the project: a. Cause a substantial adverse chance in the siLnificance of a historical resource as defined in Section 15064.5 X h. Cause a substantial adverse change in the siL,nificance of an archaeoloeical resource pursuant to 15064.5? ;x: c. Directiv or indirectly destroy a unique paleontological resource or site or unique neoloeical feature? X d. Disturb any human remains, including,. those interred outside of formal cemeteries? X Summary of Comments: According to CEPA Guidelines. Section 15064.5, the tern) "historical resources` includes a resource listed. or determined to b: ehcible iw the State Historical Resources Commission. for lisrim, in the California Pegister of Historical Resource; a resource included in a local register of historical v I() f'oientially " Sirnrirrcam Pommieae Unless lcs•Tan s1piimaic INinraumi sgmfwam xu hnnaci Incmaomlei ImoacI {mnnt� Iesource.s, as defined in Sections 5020.1 (C) and 3024.1 of the Public Records Code: and any object, building,. structure. site, area.. place, reewd., or manuscript which a lead agency determined to he historically significant. 'File former Oak Park Elementary School still occupies most of the western/center portion of the site, and has therefore, been considerably disturbed. Since the County Property has been previously developed. demolition will cause less the significant impact on cultural resources. VL GEOLOGY AND SOILS — Would the project: a. Expose people of structures to potential substantial adverse effects. including the risk of loss. injury. or death involving: I. Rupture of a known earthquake fault. as delineated on the most recent Alquist-Pr101o Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. _ ?. Strong seismic ground shaking" X 3. Seismic-related ground failure, including liquefaction? Landslides. h Result in substantial soil erosion or tite IOSS of topsoil? c. Be located on a geologic unit of soil that is unstable, or that would become unstable as a result of the project. and potentially result in on-or off-site landslide. lateral spreading.. subsidence. liquefaction or collapse' d. Be located on expansive soil. as defined in fable 18-1-B of the Uniform Building Code ()995), cream^ substantial risks to life.or propemr? X e. Hays: soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? X II Fmemiallr Sipni6cant Pommiallp unless Less Than sipiGcani Mitigation Siemificam No hnoaci Incnmrued In1aci Iliri2y Sommary of Comments: An earthquake of moderate to high magnitude generated in the San Francisco Bay Region could cause considerable ground shaking at the site. The shaking effects on the structures will be mitigated with the use of sound engineering technique and in accordance to the latest Uniform Building Code (UBC) requirements. There are no Alquist-Priolo earthquake fault zones in the area. So the risk of the surface fault rupture is considered low. The Concord Fault lies about one mile northeast of the City of Pleasant Hill. and the Calaveras and Hayward Faults about 75 miles southeast and 11 miles respectively. Local faults are considered to be inactive and insignificant. The 1'ropem- is flat and not identified in the Cir'v's General Plan Safety Element as a hazard sit- area. Demolition of the Property, will have a less than significant impact on geology. Any future development will be constructed to ensure safery of buildim s are considered and to ensure that they meet all of the City and State building regulations. \111. HAZARDS AND HAZARDOUS MATERIALS— Would the project: a. Create a signifi::ant hazard to the public or the environment through the routine transport. use or disposal of hazardouS materials? X b. Create a si211ificant hazard to the public of the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials. Substances or waste within one-quarter mile of an existing or proposed School? X d. Be located on a site. which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and. as a result, would it create a si^_niflcam hazard to the public or the environment's e. For a proa ject located within n airport land use plan or. where such a plan has not been adopted. within two miles of a public airport or public us-,- airport, seairport; would the project result in a safery hazard for people residing or working in the project area. f. For a project within the. vicinity. of a private airstrip, would the project result in a safer•hazard for people residing or working in the project area' N g Impair implementation of or physically interfere Pn,rnriaur Po¢ovialh unless Leu Than Si eniGconi Nliup anon Segni Ream 1,1,6aC1 Inmrt,oraird Imrncl in�inr: with an adopted emergency response plan of emergency evacu<nion plan? h. Expose people or structures to a significant risk of loss. injure of death involvin,-,. wildland fires. including where. wildlnnds are adjacent to urbanized areas or where residences are intemtixed with wildlands'? Summary of Comments: The Property is not included -nn a list of hazardous materials sites compiled pursuant to Government Code Section 65863.5. The Propem is not located near an EPA designated "Brownfields" or other marginal industrial or commercial land uses. The Property is not located within an airport land use plan or. where such a plan has not been adopted. within twu miles of a public airport or public use airport. Additionally. the project would not expose people or strucnlres to a significant risk of loss, injure or death involvinp "ildlnnd Fires. A Phase I Environmental Site Assessment Report was prepared for the site by Jonas and Associates Inc.. in November of 2000. There was no lead-based paint or asbestos evaluated as part of this stud,,. The Phase I Site Assessment included data base search conducted by VISTA information System Solutions. Inc. to identify existing documentation related to environmental incidents at the site andior at surrounding properties and review of the following faciliry records: • Operations: process fu,w chars and raw moterials lists. • Proposition 6� lists: • 1 arks: underground Mill: registration inventory reports and leak detection system%reco,J,- • Inspection reports and disposal records of PCB's; • NPDES permits and sewer district permitsirecords: • Permits. monitoring and notice of violation on Air Quality: • The Hazardous waste activity! Resource Conservation and Recovery Act (RCRA) - Part A and . B, groundwate monitoring reports, manifests, generators annual reports and hazardous material management plans. Based on review of availabledocuments. interviews of individuals familiar with the properrand based on the site reconnaissance of th site. no adverse environmental impacts associated with hazardous materials were identified. Demolition of the school will not create a significant hazard to the public or the environment. However. due to the uge of the school building it is likely that it could contain asbestos and lead-based paint. If appropriate Ll'-'al)-Up iS not conducted. lead-bused paint could be released in the form of dust in the immediate environment. The fomie.r High School site to the north is occupied by the Mt. Diablo Middle School and other adult classes services. The Counp- Central Library_ is located west of the site and single-family homes are located along the east and south of the propem. 1: i Pnmmiallc Si tmificmu Pn¢minlh' Ilnfccc Lcss Tiau Simuficmn ld uqannrSipnifi cane Nn Ln an 6snmo1mcd lmnac+ Iia ao Willi the follot+zinc inniuYations. the concern involvin!( potential asbestos and lead-based paint will he considered a less than significam impact: HAZ-1 A Lead-based paint and asbestos testing should be conducted in a manner that meets all the requirements of Federal. State, and City of Pleasant Hill regulations. HAZ All debris generated with the demolition material should be transported to an approved facility and conform to any debris recovery program available that meets the standards of the Counry and Cin,of Pleasant Hill. Vlll. HYDROLOGY AND WATER: OUAUTY — \Mould the pro.jecr a. Violate anv water qualm, standards of waste discharge requirements? x In. Suhstamiall, deplet_ groundwater supplies of interfere substantially with _groundwater recharge such that there would be a net deficit in aquifer volume or s lowerinn of the local groundwater table (e. .. the production rate of pre-existin= nearby wellS would drop io a level which .would not support existing land uses or planned uses for which permits have been granted)" C substaillialke alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river. in a manner that would result in substantial erosion or siltation on- or off-site? a d. Substantially alter the existing drainage pattern of the site or area. including through the alteration of the course Of n stream or river. or substantialh increase the rate or amount of surface run-off in a manner that would result in flooding on-or off- site? Create or contribute runoff water that woulc e. exceed the ctgxacny Of exisling of planned storm watci drama_-, systents or provide substantial additional sources of polluted runoff? >; F. Otherwise substantially deLrade water quality'? \' a. Place housing-, within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood, insurance Rate Map or other flood hazard delineation map? ?; 4 1'a PoiemielP; - Si�miGcani ' Ymcmia➢)' U�llc sl LcSs'rhsn ' Sipuii¢am pAuraiion Si;mif¢ani PL. ul ea hwo;nrcmed Inmiw i_�uun h. Place within a 100-Year flood hazard area structures that would impe•.de or redirect flood floras? X Expose people or structures to a sienificam risk of loss, inury of death involving flooding. includinL flooding as a resell of the failure of a levee or dant" X j. Inundation by seiche. tsunami. or mudflow' X Suntmary of Comments: The, Property location is not identified as a Flood area designated hY the Federal emereencv Management Agency (FEMA). The East Branch Grayson Creek is located outside of the S-acre County property. Based on the surface topography, it is reasonable to assume an cast/southeasterly groundwater flow direction. The upper portions of Grayson Creek and Murderers Creel; watershed still experience floodin_'. In tlte. mid 1990's the County Flood Control District developed Drainage Area 46. a plan for flood protection improvements for the above mentioned creels watersheds. "The former Oak Park Elementary Schaal was one of the properties considered for the location of a new detention basin. The decision to locate a detention basin has not been conciuded. it is expected that potential development may causeadditional impervious surface on the Properly. W itbout a proposed development.. it is impossible to identify the amount of impervious surface or the potential impacts the dcvciopment will cause on hydroing� and water quality. Further environmental review will analYze any potential impacts on hyrirolog} IX. LAND USE AND PLANNING — Would the project: a. Physically divide an established community? h. Conflict witb any applicable land use plan. policy. or the regulation of an agency with jurisdiction over the project (includmL,. but not limited to the general pian. plan. local coastal program, or zoning ordinance) adopted for the pumose of avoiding of mitigating-, an environmental effect? X c. Conflict with art), applicable habitat conservation plan or natural cornmuniry conservation plan`.' r li Pm a mall, S icu if, III Pmmnfiall, thins Less'I'lmn Sirmificani MiIva t ion Sinificam Nn Imnacs ineumaraiea Ir.:nact Inir aei Sun-man! of Comments: Pleasant Hill Land Use Re LL1116011s: The General Plan desiLmations of the County Propem is Mixed Use.,Mixed Use land use is described as follOWS: ...00171bines reside ttlal lvith reiuil, commercial, ofTice cnldiin public user with flexible pnrking and setback requirements. lndividuol Mixed use p-alects are nal expecled x7 contain 0171 specific• combination of these uses. and the clevelopmeni poiemial of each Mired Use rile shall be cleler lined fhrou.L,7 prniecl reviell' under the plyOOSians of the Planned Unit development (PUD) ZO1?h7"Disn-ici. " The site is curently zoned Planned Unit Development (PUD). The current PUD zoning does not describe allowed land uses of development repilations. However. the General Plan stipulates that any developnrCnt within a PUD district shall require rezonin!,_ to nese PUD district. including the adoption of specific development standards. Ponion of the Properly (MDUSD 2-acre Propeny)has a Genera) Pian designation of School and ZonmL, of R-10. Single-family Residential. Depending on the type of development within the MDUSD Propene. it is lilcehy that a General PlaniZoning Amendment will be required to allow development to be consistent with the remainder of the Propem's General Plan and Zoning of Mixed Use and Planned Unit Development. The City's affordable housing regulations require developers of more than five units to provide on-site affordable units by compiyinu with one of the following,provisions: ,.11 least 10 percent of thr dlvellin"' 111711S u.•: inclas101701r 11WIS,/6?- occllpanclhY lmr-income households: or a1 least ? percent 01 InP dlN0117I X111/. a.f i1lC'l7IsiO17arl; units for occupuncl br vers-low income household: nr to letim 25 1lereel I of the chvelln7p units jos quolrfialh senior residents: or at least 20 percent of the divelln7, tows us secondary units (Section 19.20.060 Cite of Pleasant Hill Municipal Code. Affordable )-lousing). As previously discussed. the N-acre County Property is zoned planned Unit Development with a General Plan designation of Mixed Use. The MDUSD Propem to be purchased by the County is zoned as R-lo with a General Plan desianwion of School according to the City of Pleasant Hill Land Use Element. 'file proposed project involves 1 ) the Counry purchase of the 2-acre MDUSD Property: 2) the Count, sale of the 2-acre MDUSD Property together with tile S-acre County Property: and 3) the potential demolition of the former Gal; Park School building prior to sale. Land uses within the area are primarily residential and some minor commercial use alonQ Clerlveland (toad, and Oak Park Boulevard near Pancison Bouie,'ard. l=our schools are located within the vicinit of the Propcm,. The Oak Part: Elementary School buildin, (nolo vacant) and Pleasant Hill Middle School Campus (formerly Pleasant Hill Hiah School) both located on Monticello Avenue just north of Oak Park Boulevard: and Sequoia Elemental): School and Sequoia Middle School located on Boyd road between Panerson Boulevard and Cleaveland Road. The City of Pleasant Hill General Plan Housing Element (Table H'_"_'. Potential Sites for Housing ) )99 2006) identifies the Properny for the development of potentially 96 housing units. Table•. H--2 of the E 16 Poiemialll $itmi 6caN Poamiallc Units!. Less Timm sitmir¢ani Minvalion Sgnlif clnl N"! 1,1103C Incomoille IMLI HOU$lnV Element additionally describes the potential 96 units to be distributed with the following of ordabilir' : 20 units for very low income, 8 units for low income. 30 units for moderate income. and 38 units for above moderate income. Considering the highest development potential of the site (12 units per net acre) the Properr'• could potentially yield a maximum of 120 units: Future development may also provide for a mix of commercial and residential development. The City of Pleasant Hill is almost entirely built-out. Approximately I.5°io of land in the. Cine is available for new' development. Goal No. 3 of the Community Development Element of the General Plan states that following: "Generate thriving. attractive and cohesive development at vacant or undennilized sites. Once the scope of the project is known, future environmental review will analyzethe potential impacts related to land use. Identifying land 'use impacts of the Property development at this time would be speculative and therefore. inappropriate for further discussion. X. MINERAL P-ESOURCE'S— Would theproject: a. Result in the loss of availability of a known mineral resource that would be of value to the re_ion and the residents of the state? X b. Resull in the- loss or availability of a locally important mineral resource recover site delineated on a local general plan. specific plan. or other land use plan? Summary Comments: The site has been previously developed. Accoidinu, to Fieure 8-4 of the Counnv Conservation Element (Mineral Resource Areas)the site is not identified as mineral resource area. There will be no impacts on mineral resources. Xl. NOISE — Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local ucricral plan of noise ordinance, or applicable standards of other agencies? X b. Exposure of persons to. or generation of, excessive ground borne vibration or ground borne noise levels? X _ c. A substantial permanent increase in ambient noise levels in the project viciniry above levels eaistinu without the project.^ X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above r 17 po¢ndauv si t�nr¢ai;i pow,naliv Umcss Lcss Than sin;fir m Mi"raimn s¢mii znj No Imnacl Incomoraied 101003CI Inlay levels existing without the project? X e. For a project located within an airport land use plan or. where such a plan has not been adopted.. within two miles of a public airport or public use airport, would the project expose people residing or wo7kine in the project area to excessive noise levels'? X f. For a project within the vicinity of a private airstrip, would the project expose. people residing or working in the project area to excessive noise levels? X Summary of Comments: CEOA indicates that a project will norinally have a significant adverse impact if it causes a substantial increase in the amhiem noise level in areas adjacent to the project site. The impact of noise that will be eencrated by the demolition on the site could result in a tentporary increase in ambient noise levels in the project vicinirY above levels existing without the project. Construction associated with the future development would also result in a temporary increase in the noise levels for the. area. In order to minimize. noise impacts from potential demolition and potential development. the developer should be required to comply with the following mitigations: NOl-I Quiet'* equipment (i.e., equipment with mufflers) should be used when ,Wailable (Note: some smaller equipment cannot he equipped with muff)ers) NUI Equipment eximust stacks and vents should be directed iwnv from residences whenever feasible. NO] Idling time of construction equipment should be minimized. Pickup trucks and other small equipment shall be limited to a maximum idling iime of ; minutes (Note: larger vehicles, such as large diesel vehicles, require extended Nvarm-up times after startup. and some equipment shall remain rUnninQ when required for repetitive tasks or to power other equipment. \With tide above mentioned noise mitigations. demoliiioniconstruction of the site will cause a less then significant impact on noise. 1 Is ' F'nieniialh Signii:cam Pmm�iinlI% Unlee¢ Less Thm� SipniGrini ,1Lu�aunn ;S'mmificam NO I mnan Inmrnnraicc Ll c Impar X71. POPULATION AND HOUSING— Would the project: a. Induce substantial population powth in an area. either directly (for example, by proposing new homes and businesses) or indirectly (for example.. Through extension of roads or other infrastructure)'' b. Displace substantial numbers of existinn housing. necessitatin , the construction of replacement housine elsewhere? Xl c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Summary of Comments: Potential demolition of the site should have a less than significant impact on housing and population. A prcviousl* discussed. the County Property is listed in Table H_-. of the Housing Element. as a potential site for tite development of 96 residential units. Consideration of approval of the development wil! be b:aed on its intention to meet goals. policies, and programs established by the Cirv's Zonine Ordinance and General Plan. If future development is sensitive,to these go31S. and polices. it should have less than significant impact on population and housine. Further discussion on the impact of the project on housing and population would be speculative at this point and inappropriate for further discussion. XIII. PUBLIC SEFVICES a. Would the project result in substantial adverse Physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause sicnificant environmental impacts� in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services" 1. Fire Protection? Police Protection", >; Schools" _ X — — 1. ParkS9 5. Other public facilities? X I� Pmcmialw siVII.i,Cum Pmemmil, unless Les Than s'i7uiicnni 1111¢x,1011 .sipiricam No 'm au Inurporm IoIDa i Imuaci Summary of Comments: The purpose of the project is to provide for disposition/demolition of the Property. which will consequently allow for future development of the site. The Property is located within an urbanized area and served by the CirY of Pleasant Hill public services. Public services/agencies available and serving the area are the Contra Costa County Fire Protection District. City of Pleasant Hill Police Department. Mt. Diablo Unified School District. County Connection. and Pleasant Hill Recreation S- Park District. Potential demolition should cause a less than si_eniflcant impact on public services. XIV. RE-CREATION a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated'? X h. Does the project include recreational facilities or require the construction or expansion of :recreational facilities that might have an adverse physical effect on the environment:' X Summar of Comments: Potential demolition will cause a less than significant impact on the project. it is not possible to identify all the impacts potential development will cause on recreation. Future environmental review will be conducted by the City_ of Pleasant Hill and potential impacts on recreation may be identified. XV. TRANSPORTATION;TRAFFIC— Would the project: a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of The street wstem (i.e. result in a substantial ease in either the number of vehicle trips. the volume to capacity ratio on roads. or congestion at intersections? X b. Exceed. either individually or cumulatively. a level of service standard established by the county' congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns. including either an increase in traffic levels or a change in location that results in substantial safety risks? X 2U Yrnemiallc Snmiiicmu Poieminllp linles! Lez!'(iron Siolificeni Minummn Siipiifican: No Lnoac� Incomnmmd 6nracf d. Substantially increase hazards clue to a desic-ni feature fe.Lt. sharp Curves or dan_eerous intersections) or incompatille uses fe.g. farm equipment)'.' X e. Result in iturde(}uau„emcreency' access`:' X -- f. Result in inadequate parking capacity? L,. Confiict with adopted policies. plans or programs Supportutg alternative transportation (e.r_., bus turnouts. bicycle racks)? x Summary of Comments: Background Information -File Cin of Pleasant Hill is located off Interstate 630. the only north-south freeway in the County. Interchange improvements ire the late )990s helped improve access between Interstate 630 sand Contra Costa Boulevard. the busiest north-south nrierial in the Cir N:. Oak Pail: Boulevard, immediate) snulh of the Property, is a east-v,est aneiial from Pleasant ]-till Road and approximately ';'. mile from lnterstat 630. where it becoines Cog=ins Drive. a collector serving the Pleasant Hill BART Station area. Oak Park Boulevard accommodates regional through-travel.local residential and commercial access, with key intersections at Pleasant Hill Road. Putnam Boulevard. Monticello Avenue. Pleasant Valley Drive. Contra Costa Boulevard and Buskirl. Avenue. In 1938 Measure C was, passed. which required the inclusion of a grot',Kh mon aeemeni element in IIIc Cit of Pleasant Hill General Plan. The signiflc:mce of the impact of a project will be measured on hots the project conflicts with the objectives of the Grow h Management Element (which sets an acceptable level of SCrvic6). and hour it conflicts with the goals and policies of the Clrcul9ilon Element. Accordirls Tillie C3. Peak ltttur Intersection Levels of Service. of the CiR, of Pleasant Hill General Plan. the volute e-tit- capaciry ration (V/C)I` of Oak Park Boulevard is as follows: A.M. Peak Hour V/C.of 0.6t) with a L,cy:l of Service B)and P.M. Peal; I-lour V!C of.0.64 also with a Level of Service B. The Contra Costa Transportation Authority prepared its first major update to the Counrvwide Comprehensive Transportation Plan (CTP) in the year 2000. The CTP included year 2000 and 2020 traffic projections of the CITY of Pleasant Hili based on the Association of Bay Area Governmonts (ABAG) population pro o'jeciions. The projections identified potential increases in Average Daily "I rip (ADT) of 50 to 90 percent in some major roads and smaller increases on minor roads. Level of Services standards are considered to be met.if measurements shots that intersection operations are equal to or beucr than the standard. or if the Ciry of Picasant Hill's adopted Capital Improvement Programs includes projectis) That, when constructed, will result ill operations equal of better than the standard. Findings of Consistence with the LOS standards may he made only if a traffic impact analysis shotms that proiect approval is consistent with adopted .Actions flans for Routes of Regional Significance and vyill nut result in violation of adopted standards at any 1_3asic Route signalized intersection, unless projects in tfte City s "volume-to-capaciq ration of I duals Level of Service F 31 Prnen�iert Semi nclit Porrmialh• Unless Lccs Than Sirmiraant MiIigat ion st iminCam No m mu Incnrponted hnnm hanu Capital Improvement Program will result in attainment of the standards. or if Findings of Special Circumstances fincludine imposition of'appropriate miti-tation measures) have been adopted bY the Cin_ and the Transportation AuthoiirY. Potential Demolition Potential demolition of the Properry could bring a Temporal-v increase in traffic due to construction trucks and other vehicles entering and leaving the site: however. demolition will be.temporary in nature and it would involve a small numher of vehicles, it should not exceed individual or cumulative Levels of Service. result in change of air Traffic patterns or substamialk, increase hazardous due to desimi features or inadequate parking capacity. Potential Development of the Propene As previously mentioned. the. Propern- was considered in the conceptual plans for the development of tit; South. Pleasant Hill area. A transponation study prepared for the South Pleasant Hill Detention I�asin Area covered thirteen roadway segments all(] was generally hounded by Woodsworth Lane to the north. the Southern Pacific right-of-way on the east. Geary Road/Treat Boulevard on the south. and fanerson Boulevards on the west (see attached Exhibit C South Pleasant Hill detention Basin Transportation Studv Area). One of the purposes of this study was to identify transponation-related implications for the option presented at the time. and specially to consider the amount of new traffic to be gtneratcd h (note development within the area. and the effects of extending Cleaveland Road to either Oak Part: Boulevard. offset from Eclesion Avenue- of Monticello Avenue. A reviev., of the traffic count performed for the traffic counts (baseline of traffic gro%vth with no development) from 1979 to 2002 indicated that traffic volumes increased an average of 1 percent evert .year. Tile traffic study also considered impacts of the proposed development within the srtuh ;ire•:I in addition io the: 1 percent annual ero,+nh. The anticipated trip generation for the County properi (witit a proposal for 120 single-family units) determined a total of 90 A.M. peal: hours and a total of 131 P.t`i. peak hours. One of the advantages of including Cleaveland Road into the study area would he to diven am and pill peak hour trips from other roads and provide additional access to the Pleasant Hill Middle School however. example of disadvanta_tes could be increase of pedestrian/bicycle conflicts at the EBMUD trails crossin.n on Oak Park Boulevards and could worsen traffic at the intersections of 0ak Pari; Boulevards. The traffic report focused on three iand use options which considered 130 single-family dwelling units with a football field to be. constructed within the Count), Propern: and additional land use options with no single-family units with a Variety of recreational uses including football field. running track. vollcvhall Courts. Picnic areas, etc. Considering the highest development potential to the site (12 units Per net acre) the Property totals 10 acres which could potentially yield a maximum of 120 units. According to Measure C. if a project tri?, rs one 100 A.M. or 100 NO peak howl. a traffic study is required. For single-famih dvvelline units. the ratio in which the measure the am/'Pm Peak hour is 1 to 1: with multi-family units Itownhomcs rlaon�.all,• signiiiwm Fmcntiaily llnlcss Lass Than sirmihc m MIIILallnn sim,ifrtanl No Im:aa Inco'MOTA@(I h_;noc; impact for instance)the ratio used is reduced to 0.54. If 120 Sill L'le-family units are proposed for the sjte. a traffic study will be required. If the development entails multi-family units it may not trigger the requirement of a traffic study. Assuming 120 towlthomes are proposed for the Propem. the total am/pro peal: hour estimated would be 0.54 x 130 units = 62.4 average am/pm peak hours.. which is below the threshold for a traffic sLtldv requirement. Once a development is proposed for the site. any required irafFic sttldw'analysis taould analv-r_e the jmn;lcl Of the project. including reconsideration of exiension of Cleaveland Road. Without knowing the. Full scope of the development a thorou"h analysis of the impact of the project would be speculative and initieations could not he fully considered appropriatee to address the project's impact. XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a. Exceed wastewater treatment requirements of the applicable ReLlonal \Vaier Quality Control Board? X b. Require or result in the construction of new water or wastewater ucatmcnt Faciliiics or expansion of existing facilities. the construction of which could cause 5imtificant environmental effects ); c. Require of result in the construction of new storm water drainage facilities. the construction of which could cause Junifioani environmental effects? X d. Have sufficient w•aiei supplies available serve the project from existing entitlements and resources. or are new ur expanded entitlements needed..' X Result in a determination by the wastewater ireanmertl provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f. Be served by it landfill with sufficient permitted capacity to accommodate the project's waste disposal needs" X Comply with federal, state and local statutes and reeulations related to solid waste? X I 2, PnI CIII:�IIY S IL'Ill ticant Pn¢nllallp Unless Less TOan si"mr,unl Mowaw, Sicnifca"I No Inl,a 1 Incomonmd tmo Inpyq Summary of Comments: Potential demolition of the project would not exceed wastewater treatment requirements: result in the construction of new water or wastewater treatment facilities or expansion of existing facilities that could cause a si_*nificani environmental effect. T'ne Coma Costa Water District serves the arca. The Central Contra Costa Sanitary District collects and disposes Pleasant Hill wastewater. Potential development of the Properly could h.lvr n potential significant impact on utilities and service systems. Any future development would have to meet the standard requirements and fees andior provide extension of utilities infrastructures (if necessary) as established by each agency servicing the potemial development. Evaluatinp the specific impact on utilities and service systems would be possible once the intensity of the development is known. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the (Iualily of the environment. substantial)), reduce the habitat of a fish and wildlife species. cause a fish or wildlife population to drop below self- sustaininp IMICIS. tlu-caten m eliminate a Alam or animal communit . reduce thenumber of restrict the range of a rare or endangered plant or animal of eliminate important examples of the major periods of California history or prehistory? X b. Does the project have impacts that are individualk limited. but cumulatively considerable" (CUmulativeiv considerable means that the incremental effects of a project are considerabi when viewed in correction with the effects of past projects. the effects of other current projects. and the effects of probable future projects)" ?; c. Does the project have environmental efhects that will cause substantial adverse effects on human beings, either directly or indirectly? X Summary of Comments: As already discussed at the bepinninp of this document. in additional to the purchase!saie of the properties in questions. the proiect also includes potential demolition of the site. Even thoLILli no development is proposed sit this time. some analvses have been provided in regards to potemiai development of the Property. Since a lead agency is responsible.to do its best to disclose all the foreseeable development and foreseeable impacts that is reasonably can. some analysis and recommended mitivations are included in this document. �q Pon,nnaliv Polenfmllr ul lass Lea Than Signiiicam Miu r m inn S,En ificanI No Immo incgo-oraad Irnoaci lin_,n Since some of the foreseeable potential demolition and potential development could cause a sienifia:ni impact in the environment. all of its cumulative impacts are also viewed as significant. All of the mitigations measures identified in the Section of Air Qualin!. Hazardous Materials andNoise . are intended to minimize some of the foreseeable potential impacts of the future development .Ind to ensure that potential demolition impacts will be less than si=mificant. G:\Current Planning\carr-plan\Em ironmcnull Review\initial Stud ies\0akParkSchoolNEUDec.doc r� r L C � C Y.- rD vJ a N , G " G ry, rC 2 n n 0 W F p C O Oc 0. O ,., m p N N y G O C O r7 0. O F O ri z a N C;,ti w O N _* /� O �J CD OO ^5 ry W " UQ V N CL O 0. 'O O O. n ry O c w rD rD ~ N H S W Q. 0 N O O < d r CD C> n rD S W o OCD 0. W O F rD rr O C/D do V OC, O M O O 0 7 h 90 V' v v0, v .3 yaCD o o rnD o rD o rD y C" a CL N ? < a y S a < qo ro' = q o q rD rc C K FD rD c f n c F f. �. a rD v rD G rD rob H p v]i p v.7i h O r-• �Ci z C', < -z:j o 0 a W a. p t n < b O ti 0 < '0 O v ; O O y• rD ."y �, re O O rD (D O Y N " rD O Y N "' rD • N ,..,; W O < N Q- ti O < h ,.; W O < N ; ,'�, W cr rD a �. 0, p nn o f C: a E. o F a �rD ;q . `• .-� 0. N O _ O O C. Zr,' O '✓ 0. N O d N O n Oaa O.. J o. v, o• O. ]' N 1"f, 0. �. N .-r; r.Go• O ..•�OQ G '� O O fG ,; W :. O ✓ C N O W f9 W O rC-> C ry Q rD N N O 7 cn y tin ] y d (_� � W << rDD0..b W K CL.O W CL On w 0rz H C n Po G n O• A ti ^. k 4A � y, N G N r J sf r c r r �3, Q K'i c�. �G� i Lo vCl-u 1 U p 4 rco an d fp n � � r� Q' O r�• 7 v G N N �,9 N to O,ry N O � / N N 6v@ �. � ^ v o f U• yx ` 0 G, n o n o° �''� •4 7 Tom.' v �. � 7l, .u< -t'i /'�' �. �•ra 'a. n. nx',� N O 0.. ; cmc n m � � ✓.r. r^� n n 7 ✓ G � � ,4 � � � GN,,, •� ', O s � ':J � cD n OC .i rQ I' 1 'G b n. dab V �• W %" 'E; y+' M f z � c @ V) n G @71 p J Ln 0 G @T N O < v, (p � O "� ✓.+ � '•� N ✓+ G N y � r� � N Nul om'„ .. �• O r @ N O rD 0 G LA Ln 0 7,-tA co 4 vi �, V� •t [n . cn• ; inp a c ro C ;K PIC cz. ID Nrt N �' ^. C✓0 O r Q fl. '� O �' 3 "� O C? r� z p .-- � rt � N m �n o• .» o � � AZO N O'. W p ^ O Oa +•, "�„ i' O r' _ W ^ GTO CD Ln w w a N Gi t7 @ y ro c � CD ro 0 o a Z r tz Ln ,p y C. r _ O LA o• a o o b N o cM1 L'7 O. ✓ N � � p o cOn^ � ODM•'• � Y' ct CD CD tm (IG •D K r CD Q O' *< L�'CS c ✓ """' < o ^ .� y tom CjJ m tnP C+ 't 90 ✓ �-• 0 R C@L v i APPENDIX D • STATEMENT TO ACCOMPANY • FINAL PAYMENT To: Contra Costa County County Administration Building Martinez, CA 94553 Re: Final Payment Project Dear Sir: The undersigned Contractor represents and agrees that the final payment includes all claims and demands, of whatever nature, which he/she has or may have against the County of Contra Costa in connection with the contract to construct the project designated above, and that final payment by Contra Costa County shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned hereby agrees that the final contract sum shown below is true and correct: Original Contract Price................................... $ Net Change by Change Orders....................... $ Less Forfeited Withheld Amounts................... $ Less Liquidated Damages..............................($ ) FINAL CONTRACT PRICE............................... $ The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) California. APPENDIX E `' tw,`3s ✓sir r��> ty�� .�", Twa, r.a- x#- r.a "- �a L.Y-+, s ��3" .+� �1 • • � 3k� $yi � __ x _ o - � ,,_?s„��_`.a' �,zq-'".G�"" Z'k` �s'�E�ix'„�t�'+z?'#i Ys��'�� fi� � 5 . . Y t e + c '`ate 3�k� ': ��.. H S i" ' ' k� 'f"r .t � ��•a"z� • fie ;, �} ��L.i` £ " .w �� x. k en•� :_ 7 � � ]�i4_ C`S rt �" I to It °,r, f ZIA Is sw 'arca x+ +hL Y ; Y 1� � �_ p • r rd 'pew, ey ,• '� ""' � W� Y `�"°+ �' F� �� • , y a E '< '.i� ry {l•'i zzabk/fit¢'�V x"3 3.ur1.+' • K 7'WdFnrOIZ "'+ "i 4 MWI TI *� � 4�tie J ....+".-� yds- tt 7 � ¢ s � � :-�t� • y a<: �usP -*�, s 3�^•'�S'�tai _e 2 a a" y+ s �'`� FL �. ,�,P � �, JAe ,�+�'-b i o n �$ � ♦ 5,"yn h i r + uIle s 17, W 'Z. �'l. 'tn)! pp,, k i6 �u'��t%�STe"G'.. Yt'•:1 � m d .. . j 'S 5,i: e' u,.� v��a A,✓�r'zn '+ 'tea �'� :g z , %b ✓;�f 8 F .YfF4s 'Y• {�� 4 2 �W � .'¢1 yh v' 4 -x. `� � ms`s. ,t`-�i�'' { 9y s� f�t a �,�` "• -� ti � -�' c � _ ss