Document Millcreek_doc_7cc5c191a5

MILLCREEK ENGINEERING SECTION PROJECT MANUAL MILLCREEK COMMONS HAZARDOUS MATERIALS ABATEMENT PROJECT # ENG 20-15-3 FOR MORE INFORMATION REGARDING THIS PROJECT CONTACT: JOHN D. MURPHY TERRACON CONSULTANTS, INC. 6949 S HIGH TECH DR, STE 100 MIDVALE, UT 84047 PHONE # (801) 545-8500 FREDERICK W. LUTZE, P.E. MILLCREEK, ENGINEERING SECTION 3330 SOUTH 1300 EAST MILLCREEK, UTAH 84106 PHONE # (801) 214-2700 SPECIFICATIONS REFERENCE When reference is made to specifications, they refer to the Manual of Standard Specifications 2017 Edition, Utah APWA. This reference shall control except for modifications and supplements contained in this project manual. ---PAGE BREAK--- INTRODUCTORY INFORMATION ---PAGE BREAK--- Title Page 00 01 01 - 1 00 01 01 Title Page MILLCREEK A Political Subdivision of the State of Utah Millcreek, Utah PROJECT MANUAL FOR MILLCREEK COMMONS HAZARDOUS MATERIALS ABATEMENT Project No. ENG 20-15-3 Millcreek Engineering Section 3330 South 1300 East Millcreek, Utah 84106 June 17, 2020 ---PAGE BREAK--- Table of Contents 00 01 10 - 1 00 01 10 Table of Contents MILLCREEK COMMONS HAZARDOUS MATERIALS ABATEMENT Project No. ENG 20-15-3 INTRODUCTORY INFORMATION 00 01 01 Title Page 00 01 10 Table of Contents 00 01 15 List of Drawings BIDDING REQUIREMENTS PRE-BID INFORMATION 00 11 16 Invitation to Bid INSTRUCTIONS TO BIDDERS 00 21 13 Instructions to Bidders 00 22 03 Modifications to Instructions to Bidders 00 31 32 Geotechnical Data BID FORMS 00 41 00 Bid Information 00 43 00 Bid Schedule 00 43 13 Bid Bond SUPPLEMENTS TO BID FORMS 00 43 36 Subcontractor and Supplier Report 00 43 38 Bidder Status Report 00 45 19 Certification of Non-Collusion 00 45 36 Certificate of Non-Discrimination CONTRACT FORMS AGREEMENT FORM 00 52 00 Agreement ---PAGE BREAK--- Table of Contents 00 01 10 - 2 BONDS AND CERTIFICATES 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 62 16 Certificate(s) of Insurance CONDITIONS OF THE CONTRACT GENERAL CONDITIONS 00 72 00 General Conditions SUPPLEMENTARY CONDITIONS 00 73 76 Political Contribution Notice 00 73 79 Environmental Compliance Practices ADDENDA AND MODIFICATIONS 00 73 03 Modifications to General Conditions 00 91 13 Addenda and Modifications GENERAL REQUIREMENTS DIVISION 01 – GENERAL REQUIREMENTS 01 11 00 Summary of Work 01 31 13 Modification to Coordination APPENDICES Pre-Demolition Asbestos Abatement and Hazardous Materials Removal Scope of Work (Dated: June 2, 2020) END OF TABLE OF CONTENTS ---PAGE BREAK--- List of Drawings 00 01 15 - 1 00 01 15 List of Drawings MILLCREEK COMMONS HAZARDOUS MATERIALS ABATEMENT PROJECT NO. ENG 20-15-3 Asbestos Material Location Drawings Exhibit Title 1 Aerial Map of Property Locations • 1353 E 3300 S Long Life Veggie House • 1310 Woodland Ave Serve-A-Cup Interior • 1310 Woodland Ave Serve-A-Cup Roof • 1334-1338 Woodland Ave Condos-1 • 1334-1338 Woodland Ave Condos-2 • 1334-1338 Woodland Ave Condos-3 • 1334-1338 Woodland Ave Condos-4 • 1357 E 3300 S Plowgain Motors • 1347 E. 3205 S. Residence-1 • 1347 E. 3205 S. Residence-2 • 1341 E. 3205 S. Residence • 1363 E. 3205 S. Residence END OF DOCUMENT ---PAGE BREAK--- BIDDING REQUIREMENTS ---PAGE BREAK--- PRE-BID INFORMATION ---PAGE BREAK--- Invitation to Bid 00 11 16 -1 00 11 16 Invitation to Bid PART 1 GENERAL 1.1 CONSTRUCTION CONTRACT A. Bidders are invited to bid on the Construction Contract titled: Millcreek Commons Hazardous Materials Abatement Project No. ENG 20-15-3 B. For information about the award of this Construction Contract will be posted on the State of Utah’s electronic procurement system (SciQuest), or by contacting Millcreek Public Works Frederick W. Lutze, P.E. at (801) 214-2700. 1.2 DESCRIPTION OF WORK A. The location of the work is: 3300 South between 1310 East and Highland Drive. There are nine properties listed below: • 1353 East 3300 South (Long Life Vegi-House) • 1357 East 3300 South (Plowgian Auto Repair) • 3216 South Highland Drive (Office Building) • 1310 Woodland Ave (Serve A Cup) • 1334, 1336, and 1338 East Woodland Avenue (Condos) • 1341 East 3205 South (Residence) • 1347 East 3205 South (Residence) • 1353 East 3205 South (Residence) • 1363 East 3205 South (Residence) B. The work to be performed consists of furnishing the equipment, facilities, services and appurtenances thereto as included in the Contract Documents. Items of work are as follows: Proper removal and disposal of all identified hazardous materials from the properties to include asbestos-containing materials and universal hazardous wastes prior to demolition. 1.3 BIDDERS' PRE-QUALIFICATION A. Bidders are not required to be pre-qualified for this Project. ---PAGE BREAK--- Invitation to Bid 00 11 16 -2 1.4 BASIS OF BIDS A. Bids shall be on a unit price basis. Unsealed or segregated Bids will not be accepted. 1.5 CONTRACT TIME A. The Work will be Substantially Completed within 60 calendar days after the date of the Notice to Proceed. 1.6 EXAMINATION AND PROCUREMENT OF DOCUMENTS A. Drawings, specifications, and other contract documents may be examined and obtained from the State of Utah’s electronic procurement system or through the Millcreek website at millcreek.us after 9:00 A.M., the 19th day of June, 2020. 1.7 PRE-BID CONFERENCE A. A pre-bid conference [ X ] will be held at 10:00 a.m. on the 25th day of June,2020, at 1357 East 3300 South, Millcreek, Utah. All contractors intending to submit a bid are invited to attend to obtain relevant information concerning the project. Bidders are advised that information affecting drawings, specifications, conditions, scope of work, etc. may be discussed. Millcreek assumes no obligation to disclose information discussed at the pre-bid conference to bidders who do not attend. Absent bidders assume all risk of failure to attend. 1.8 BID SECURITY A. Bid Security in the amount of at least five percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bid Security will be returned to each unsuccessful Bidder after tabulation and award of the Construction Contract. 1.9 BID OPENING AND LOCATION A. Sealed bids will be received at Millcreek City Offices, 3330 South 1300 East, until the time posted on the State of Utah’s electronic procurement system. Bids may also be received through the State’s electronic procurement system until the time posted, however Millcreek is not responsible for any electronic submittals that are rejected or improperly uploaded into the electronic system. Bids received after that time will not be accepted. Sealed bids and electronic submittals will be publicly opened and read at the time posted, as established by the clock at the bid opening location. All bids will be calculated and then verified by Millcreek Public Works personnel. ---PAGE BREAK--- Invitation to Bid 00 11 16 -3 B. Incomplete bids and/or applications that are rejected by the electronic procurement system will not be eligible for consideration in the selection process. Sealed bids delivered to Millcreek Offices should have the project title and bidder’s information clearly shown on the outside of the envelope. 1.10 RIGHT TO REJECT BIDS A. Millcreek reserves the right to reject any or all bids or to waive any informality or technicality in any bid if deemed by Millcreek to be in the public's best interest. 1.11 VALIDITY PERIOD FOR BIDS A. In consideration for the opportunity to submit a bid for the project described herein, bidder agrees to hold its bid open and firm for 30 days after the day of Bid opening, whether or not bidder is identified as the apparent low bidder at said opening. Bidders who withdraw their bid after Bid opening, but before expiration of the period specified above, shall forfeit their bid security if award of a contract, based upon the bid, is subsequently made to them. 1.12 GOVERNING LAWS AND REGULATIONS A. This project does not require the payment of specific wage rates. Payroll submittal will not be required. B. Bidders on this Work will be subject to the applicable provisions of all federal rules, laws and regulations or orders. C. In compliance with Americans with Disabilities Act, (ADA) the following information is provided: Email- [EMAIL REDACTED]; Contact person: Kurt Hansen (801) 214-2751. END OF DOCUMENT ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 1 00 21 13 Instructions to Bidders PART 1 GENERAL 1.1 DEFINED TERMS A. Terms used in the Bid Documents which are defined in Article 1.1 of the General Conditions (Section 00 72 00 of APWA Manual of Standard Specifications) will have the meanings indicated in the General Conditions. 1.2 COPIES OF BID DOCUMENTS A. Complete sets of Bid Documents must be used in preparing Bids. OWNER and ENGINEER assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. B. Bid Documents are made available to Bidder only for the purpose of preparing Bids on the Work. A license or grant for any other use is not given. C. Document copyrights shall remain with the OWNER. 1.3 PRE-BID CONFERENCE A. If a pre-bid conference is held, representatives of OWNER and ENGINEER will be present to discuss the Project. Following the conference, ENGINEER will transmit to all persons or agencies who have signed for receiving copies of the Bid Documents such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Location and time of conference is identified in the Invitation to Bid (Document 00 11 16). 1.4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS A. In General: Bidders are permitted to converse with ENGINEER or ENGINEER's personnel having knowledge of the Project, Plans, Specifications, Material sites, or conditions generally prevailing in the area of the B. to aid in pre-bid investigations. The OWNER is not bound by any statements or representations made by ENGINEER or ENGINEER's personnel before the bid opening or award of the Construction Contract, nor for any assumptions or conclusions reached by a prospective Bidder as a result of such communication unless the ENGINEER issues an Addendum to all prospective Bidders. C. Site, Access To: The lands upon which the Work is to be performed, rights-of- way and easements for access thereto and other lands designated for use by Bidder in performing the Work are identified in the Contract Documents. All additional off site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder. D. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 2 this Article 1.04; that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents; and, that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. E. Bidder's Obligations: The submission of a bid constitutes acknowledgement that Bidder has complied with all bidding instructions. It is the responsibility of each Bidder before submitting a Bid, to: 1. Examine the Contract Documents thoroughly; 2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; 3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4. Study and carefully correlate Bidder's observations with the Contract Documents; 5. Identify and notify ENGINEER in writing of all specific conflicts, errors or discrepancies in the Contract Documents, or if Bidder doubts their meanings; and 6. Identify and notify ENGINEER in writing of all errors or omissions in estimates or statements of quantities or units specified in the plans, specifications or drawings, which are, or should be, reasonably apparent to a contractor qualified to perform the Work of the Project. The failure or omission of any Bidder to receive or examine any form, instrument, Addendum or other document, visit the site and become acquainted with conditions there existing, or attend the pre-bid conference, shall in no way relieve any Bidder from obligations with respect to Bidder's bid or to the Construction Contract. F. Deviations from the Terms of the Contract Documents: OWNER will not accept any deviations whatsoever from the printed terms of the Agreement (Document 00 52 00) and the Contract Documents, except by Addendum or Change Order. G. APWA Standard Specifications: All provisions of the APWA Manual of Standard Specifications, 2017 Edition, General Conditions Document 00 72 00, as supplemented, are made a part of the Contract Documents by reference. H. Standard Plans for Public Works Construction: All drawings and notes contained in the Millcreek Department of Public Works 2018 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION book are made a part of the Contract Documents by reference. 1.5 PHYSICAL CONDITIONS A. In General: Before submitting a Bid, each Bidder will be responsible for review of OWNER's explorations, tests and data concerning surface conditions, subsurface conditions and Underground Facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 3 Work in accordance with the time, price and other terms and conditions of the Contract Documents. B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions, if any, are set forth in the Geotechnical Data (Document 00 31 32). The document provides the identification of: 1. those reports of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site which have been utilized by ENGINEER in preparing the Contract Documents. C. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in Article 4.03A.2 of the General Conditions (Document 00 72 00) or unless expressly provided in the Modifications to General Conditions (Document 00 73 03). D. Additional Explorations: On request, OWNER will provide each Bidder access to the site to conduct any explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations. Bidder agrees to indemnify and save the OWNER harmless against and from all claims arising out of Bidder's activities during and after the performance of additional explorations. E. Modifications to the Contract Documents: Provisions concerning the adequacy of the data furnished for subsurface structures and underground facilities, and the possibility of changes in the documents due to differing conditions appear in Articles 4.02 and 4.03 of the General Conditions (Document 00 72 00). PART 2 BIDDING PROCEDURES 2.1 INTERPRETATIONS AND ADDENDA A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to the ENGINEER no later than 7 calendar days prior to opening of Bids. If required, ENGINEER will send written interpretation to all persons receiving a set of Bid Documents in the form of a written Addendum. If a Bidder's request for interpretation is not responded to by ENGINEER, Bidder shall not rely on Bidder's interpretation in the request contrary to the intent and terms of the Contract Documents. B. OWNER will not be responsible for any explanations or interpretations, except those duly issued in the form of written Addenda. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 4 C. Addenda may also be issued to modify the Bidding Documents as deemed advisable by ENGINEER. D. Addenda issued during the time of bidding shall be deemed to be included in the Bid. Bidder must acknowledge receipt of each Addenda on the Bid form. Failure to acknowledge receipt will cause Bid to be non-responsive. All Addenda shall become a part of the Contract Documents. E. Except to postpone the Bid opening, no Addenda shall be issued within 48 hours of the Bid opening. 2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING A. If a Bidder or Supplier wishes to use items of equipment and materials other than those identified in the Contract Documents, said Bidder or Supplier shall deliver a written request for approval to the ENGINEER at least seven days prior to the date set for opening of bids. B. The procedure for submission of any such product option shall be as set forth in Article 6.04 of the General Conditions (Document 00 72 00). It is the sole responsibility of the Bidder or Supplier to submit complete descriptive and technical information so that ENGINEER can make a proper appraisal. C. ENGINEER's failure to act upon such a request within three days after delivery shall be deemed a denial thereof. D. Any such approval is at the sole discretion of the ENGINEER and will be in the form of an Addendum issued to all Bidder's holding Bid Documents indicating that the additional equipment and materials are approved as equal to those specified for the Project. 2.3 BID SECURITY A. Bid security: must be either in the form of a Bid Bond or cashier's check, as discussed below. No other form will be accepted. B. Amount of Bid security: The total amount of the Bid on which Bid security is to be based shall be the sum of all items of the Bid constituting the maximum amount of the possible award to the Bidder. The Bond amount must equal at least five percent of the total amount of the Bid. C. Bid Bond: The Bond shall accompany the Bid and shall be issued by a corporate surety company authorized to do business in the State of Utah. The Bond shall guarantee that the Bidder, if awarded the Work, will enter into the Construction Contract to perform the Work in the manner required by the Contract Documents. D. Bond Form: The Bid Bond must be submitted using the Bid Bond Form (Document 00 61 12). E. Cashier's Check: If a cashier's check is used in lieu of a Bid Bond, the cashier's check must be drawn on a bank doing business in the State of Utah and made payable to Millcreek. F. The cashier's check or Bid Bond of a Bidder to whom contract has been awarded will be returned to Bidder within three days after all the acts, for the ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 5 performance of which said Bid Bond or Check is required, have been fully performed. The Bid Bonds and checks of all bidders will be held until Millcreek Mayors’ Office has awarded the contract or rejected all bids. The liability of Millcreek in connection with said checks shall be limited to the return of the checks as herein provided. G. Default: In the event of failure or refusal of the Bidder to enter into the Construction Contract and deliver to the OWNER a Performance Bond, Payment Bond and any other Bonds or documents required by the Contract Documents within ten days after award of the Work by Millcreek Mayor’s Office, the Bidder shall forfeit the sum of the Bid Bond or cashier's check to the OWNER as liquidated damages. 2.4 CONTRACT TIME AND PUNCH LIST TIME A. Provisions concerning Contract Time and Punch List Time are set forth in the Agreement (Document 00 52 00). 2.5 LIQUIDATED DAMAGES A. Provisions concerning liquidated damages are set forth in the Agreement (Document 00 52 00). 2.6 RETAINAGE A. Provisions concerning OWNER retaining money are set forth in the Agreement (Document 00 52 00). 2.7 BID FORM A. The Bid form (Document 00 41 00) identifies all forms comprising the Bid Documents. Additional copies may be obtained from ENGINEER. B. Bids by corporations must be executed in the corporate name by the president, vice-president or other corporate officer authorized to sign and must be properly attested to as an official act of the corporation. At the OWNER's request, authority to sign shall be submitted. C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title and official partnership address must be shown. D. Where joint ventures are proposed by contractors, all parties concerned shall be pre-qualified. A letter asking permission to participate in a joint venture must be submitted by the contractors to Millcreek and permission granted before bid opening. E. All names must be typed or printed under or near the signature. F. The Bid shall contain an acknowledgment of receipt of all Addenda. The Addenda numbers must be filled in on the Bid form. Failure to include Addenda numbers on the acknowledgement will cause the Bid to be considered non-responsive. G. The Bidder's address and telephone number for communications regarding the Bid must be shown on the first page of the Bid form. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 6 H. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use only the Bid form and Bid Schedules bound in the Contract Documents. The complete Contract Documents should be submitted as the Bidder's Bid. I. Anyone signing any of the Contract Documents as the agent of another, or others, must file with it legal evidence of his/her authority to do so. Such evidence must be either a notarized power of attorney or a certified court order. 2.8 BID SCHEDULE A. Any work or material which is specified in the Contract Documents or which is necessary because of the nature of the Work, but which is not listed separately in the Bid Schedule (Document 00 43 00) shall not be measured or paid for separately. The cost of such work or material shall be considered as included in the Contract Price. B. All blanks on the Bid Schedule (Document 00 43 00) must be completed in ink or by typewriter. If applicable, furnish both the unit and the total costs for each item. Numbers shall be stated in figures, and the signature of all persons signing shall be in longhand. The Bid Schedule must not contain any erasures, interlineation or other corrections unless each such correction is suitably authenticated, by affixing in the margin immediately opposite the correction, the surname or initials of the person or persons signing the bid. Any corrections, alterations or erasures made by the Bidder on the Bid Schedule shall be initialed in ink by the Bidder. All corrections, interlineations, etc. not made in ink or typewritten and authenticated as required herein shall be ignored, and shall not be deemed to modify figures and/or signatures or initials made in ink or typewritten. 2.9 SUBMISSION OF BIDS A. Bids shall be submitted at the time and place indicated in the Invitation to Bid (Document 00 11 16) and must be enclosed in an opaque, sealed envelope, marked with the Project title, the name and address of the Bidder, and the date and time of bid opening. If the Bid is sent through the mail or other delivery system the sealed envelope should be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Delivery of the Bid before the scheduled time bid opening is the sole responsibility of the Bidder. B. Alternate bids, other than those called for in the Bid form, will not be considered. C. No oral, telegraphic, telephonic, facsimile or modified bids will be considered. 2.10 MODIFICATION AND WITHDRAWAL OF BIDS A. At any time prior to the opening of Bids, Bids may be modified or withdrawn if a written withdrawal is signed by Bidder and delivered to the place where Bids are to be submitted. B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 7 Bidder must thereafter demonstrate Bidder's mistake to the reasonable satisfaction of the OWNER. If OWNER agrees, Bidder may withdraw its Bid and the Bid security will be returned to the Bidder. C. AT OWNER's option, Bidder may resubmit a bid withdrawn for mistake as permitted herein and the bid will be considered for award of the Work to the Bidder on the following conditions: There is clear and convincing evidence of the mistake, and there is clear and convincing evidence of the intended bid. However, if the resubmitted bid, after correction, would displace an apparent low bidder, the evidence of mistake and the intended bid must appear substantially from the face of the original bid itself. OWNER's determinations in these circumstances shall be final. 2.11 OPENING OF BIDS A. Bids will be opened and read aloud publicly. An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of Bids. B. Bidders are invited to attend the bid opening. C. Award of the Work shall not be made at the bid opening. The only identification to be made at bid opening will be the "apparent low bidder". D. Any Bids presented or received after the time specified in the Invitation to Bid (Document 00 11 16) will not be accepted or opened. They will be either refused, or retained in the Office of Contracts and Procurement until such time as they can be returned. The time indicated by the "date and time received" stamp of the bid depository location shall be deemed conclusive. 2.12 BIDS TO REMAIN FIRM FOR SPECIFIED TIME A. All bids remain firm and subject to acceptance for 30 days after the day of the Bid opening. OWNER may, in its sole discretion, release any Bid and return the Bid security prior to expiration of that time period. 2.13 COMPLIANCE WITH EMPLOYMENT LAWS AND REGULATIONS A. Bidders are advised that the Construction Contract and its performance are subject to the applicable provisions of all Laws and Regulations. Bidder will be obligated upon written request, to give all applicable assurances of compliance in connection therewith. B. If federal nondiscrimination requirements are required, the Bidder shall be fully knowledgeable of, and comply with, such requirements. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 8 PART 3 AWARD OF CONTRACT 3.1 QUALIFICATIONS OF BIDDERS A. Upon request of OWNER, a Bidder whose bid is under consideration for award shall submit to the OWNER the following information for the Bidder, or Bidder's Subcontractors, or Bidder's Suppliers: 1. Evidence showing financial condition; 2. Experience in performing work on a similar type of project; 3. Present construction commitments; 4. Organizational structure; 5. Equipment which is to be used to do the Work; 6. Litigation or claims which are pending, threatened, settled or otherwise disposed of within the last 3 years; 7. Evidence of ability to perform and complete the Work in a manner and within the time limit specified; 8. All matters consistent with federal, state and local Laws and Regulations; and 9. Such other data as may be called for in the Supplementary Instructions to Bidders (Document 00 22 13). 3.2 EVALUATION OF BIDS A. OWNER reserves the right to reject any and all Bids; to waive minor informalities in the Bid Schedule and elsewhere so long as the informalities do not affect the Contract Documents or render the bid non-compliant with Laws and Regulation pertaining to bidding requirements; to negotiate and agree to contract terms with the successful Bidder; and to disregard non-conforming, non-responsive, unbalanced or conditional Bids. B. OWNER reserves the right to reject any Bid if OWNER believes that it would not be in the best interest of the Project or the OWNER to make an award to that Bidder. Such rejection may be because the Bid is not responsive; or the Bidder is unable, unqualified, or of doubtful ability; or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER in the Supplementary Instructions to Bidders (Document 00 22 13). C. In determining Bidders' ability to fulfill the contract, if awarded, OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as provided in the Subcontractors and Supplier Report (Document 00 43 36). D. OWNER may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 9 proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Intent to Award the Construction Contract. E. To establish qualifications of Bidder, OWNER may request such data indicated in Article 3.01 hereinabove and conduct such investigations as OWNER deems appropriate. F. If the Construction Contract is to be awarded, it will be awarded to the lowest, qualified, responsible and responsive Bidder as determined by the OWNER. Alternates may be accepted depending upon availability of OWNER funds. Bid alternates will be considered in determining the lowest, qualified, responsible, and responsive Bidder. G. Bid Schedules will be evaluated as follows: 1. Discrepancies in the multiplication of quantities of Work items and unit prices will be resolved in favor of the unit prices. 2. Prices written out in form shall govern over prices in numbers. 3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 4. Bids shall not contain any recapitulations of or changes in the work to be done. 3.3 SUBCONTRACTORS, SUPPLIERS AND OTHERS A. Bidder shall not subcontract more than 75 percent of the dollar value of the total contemplated Work (except for the supply of materials and equipment) without OWNER's prior written approval. B. Conflict of interest pertaining to Subcontractors is described in Paragraph 6.05G of the General Conditions (Document 00 72 00). 3.4 CONTRACT SECURITY AND OTHER SUBMITTALS A. Performance Bond (Document 00 61 13.13) and Payment Bond (Document 00 61 13.16): The OWNER's requirements as to Performance and Payment Bonds are as set forth in PART 5 of the Supplemental General Conditions (Document 00 73 00). Specific requirements are set forth in the Performance Bond (Document 00 61 13.13) and the Payment Bond (Document 00 61 13.16). 1. The form of the Bonds should be carefully examined by the Bidder. 2. When the successful Bidder delivers the executed Construction Contract to OWNER, it must be accompanied by the required Performance and Payment Bonds. B. Subcontractor and Supplier Report (Document 00 43 36): One form is required for each schedule specified in the Bid Schedule (Document 00 43 00) within 24 hours of OWNER's request. The Subcontractor and Supplier Report (Document 00 43 36) shall list the name and address, of each Subcontractor who will perform work or labor or render service to the Bidder at the site of the Work, or a Subcontractor who, off the job site, will specially fabricate a portion of the ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 10 Work or improvement according to detail Drawings. In each instance, the nature and extent of the Work to be sublet in an amount in excess of 2 percent of the Bid sum shall be described. C. Bidder Status Report (Document 00 43 38): One completed form shall be submitted. D. Certificate of Insurance (Document 00 62 16): The OWNER's requirements as to insurance are as set forth in part 5 of the General Conditions (Document 00 72 00). Certificate(s) of required insurance are to be submitted as attachments to Document 00 62 16. E. Other Information: When a determination has been made to award the Construction contract, Bidder is required, prior to the award or after the award, or both, to furnish such other information as the ENGINEER requests. 3.5 ADJUSTMENTS TO THE COST OF THE WORK AFTER OPENING OF BIDS A. The Contract Price identified in the Agreement (Document 00 52 00) represents the Cost of the Work which is to be paid by the OWNER to the CONTRACTOR. Adjustments to the Contract Price which are agreed to between the OWNER and the successful Bidder shall be effected by signing a Change Order concurrent with signing the Agreement. 3.6 SIGNING OF AGREEMENT A. Within 10 days after OWNER gives Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and deliver the required number of copies of the Agreement (Document 00 52 00) and attached documents to OWNER with the required Bonds. A minimum of 3 originals will be signed. One executed original will be returned to the Bidder. B. Transfers, delegations or assignments of interests in the Contract Documents are prohibited, unless prior written authorization is received from the OWNER. C. At the time of Bidding, Bid Opening, and the signing of the Agreement (Document 00 52 00), and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the contractor licensing laws of the State of Utah. PART 4 MISCELLANEOUS 4.1 SUBSTITUTE OR "OR-EQUAL" ITEMS A. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings, Specifications and any Addenda. B. No application for substitutions or "or equal" items will be considered after bid opening until after CONTRACTOR signs the Agreement. If Bidder wishes to furnish or install a substitute or an "or-equal" item of material or equipment after the Effective Date of the Construction Contract, the procedure for submitting an application for substitution is set forth in Article 6.04 of the ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 11 General Conditions (Document 00 72 00) and section 01 25 00 of the APWA Standard Specifications. END OF DOCUMENT ---PAGE BREAK--- Geotechnical Data 00 31 32 - 1 00 22 03 Modifications to Instructions to Bidders Add the following: 4.2 SUBCONTRACTOR, SUPPLIERS AND OTHERS C. The following firms have been under contract to the OWNER in the design phase of the Work and therefore shall not be used as Subcontractors. 1. Design Consultant: 2. Geotechnical Consultants: 3. Hazardous Materials Consultant: Terracon Consultants, Inc. 4. Other: 5. Other: END OF DOCUMENT ---PAGE BREAK--- Geotechnical Data 00 31 32 - 1 00 31 32 Hazardous Materials Data PART 1 GENERAL 1.1 REPORTS OF EXPLORATIONS AND TESTS A. Identification of Reports: In the preparation of Drawings and Specifications, ENGINEER has relied upon the following hazardous materials survey report of testing conducted at the Work sites: 1. Report dated May 21, 2020 prepared by Terracon Consultants, Inc. entitled: Asbestos, Lead, and Hazardous Materials Survey, contained as a separate attachment to Bid Documents B. Accuracy: For the purposes of bidding or construction, the Bidder may rely upon the accuracy of the hazardous materials data at the locations where the data was obtained, but not upon any other information, interpretations or opinions contained in the hazardous materials report itemized above or for the completeness thereof expressed or implied. C. Hazardous Materials Data Not a Part of the Contract Documents: Hazardous Materials data itemized above are not a part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Article 4.02 of the General Conditions (Document 00 72 00) are incorporated by reference. 1.2 DRAWINGS OF SURFACE AND SUBSURFACE STRUCTURES A. Identification of Drawings: In the preparation of Drawings and Specifications, ENGINEER has relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: 1. Drawings dated prepared by entitled: consisting of pages. 2. Drawings dated prepared by entitled: consisting of pages. B. Drawings Not a Part of the Contract Documents: Drawings itemized above are not a part of the Contract Documents. Location of the surface and subsurface structures and utilities are further described in Article 4.03 of the General Conditions (Document 00 72 00). END OF DOCUMENT ---PAGE BREAK--- BID FORMS ---PAGE BREAK--- Bid Information 00 41 00 - 1 00 41 00 Bid Information PART 1 GENERAL 1.1 BIDDER A. Name and address: B. Telephone C. Facsimile D. IRS Tax identification E. Bidder holds license number , issued by the Utah State Department of Commerce, Occupational and Professional Licensing Division, on the day of , 20 . Bidder is licensed to practice as a Contractor. License renewal date is the day of , 20 . F. E-mail address: 1.2 NOTICE 1. Pursuant to Section 58-55-501(8), Utah Code Annotated (UCA), 1953, as amended, it is unlawful to submit a bid for any work for which a license is required under Chapter 55 of Title 58, UCA, by a person or other business entity not licensed or excepted from licensure as a contractor under Chapter 55 of Title 58, UCA. 1.3 CONSTRUCTION CONTRACT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement B. Project Number: ENG 1.4 ADDENDA A. Bidder hereby acknowledges receipt of the following Addenda. (list Addenda numbers here) 1.5 SUBMITTALS B. To bid for the Work, Bidder is required to submit: ---PAGE BREAK--- Bid Information 00 41 00 - 2 1. This document (Document 00 41 00) 2. Bid Schedule (Document 00 43 00) 3. Bid Security (Document 00 43 13) 4. Certificate of Non-Discrimination (Document 00 45 36) 5. Certificate of Non-Collusion (Document 00 45 19) B. After receiving notice from ENGINEER that Bidder's Bid is under consideration for award, the following documents are to be submitted subsequent to the Notice of Intent to Award. 1. Document 00 45 49: Bidder Status Report. 2. Document 00 43 36: Subcontractor and Supplier Report. 3. Document 00 61 13.13: Performance Bond. 4. Document 00 61 13.16: Payment Bond. 5. Document 00 62 16: Certificate(s) of Insurance required by Contract Documents. 6. 1.6 DEFINITIONS A. Bid Documents: The Bid Documents consist of the Invitation to Bid, the Instructions to Bidders, any Supplementary Instructions to Bidders, this Bid form, any supplements (or post-bid supplements) attached to this Bid form, the Bid Schedule, any data listed by and limited to the provisions in the Geotechnical Data Document (Document 00 31 32), and the Bid Bond. B. Bid Bond: Document 00 43 13. PART 2 COVENANTS 2.1 BIDDER TO ENTER INTO AN AGREEMENT A. In General: Bidder agrees, if this Bid is accepted, to enter into a Construction Contract with the OWNER to perform and furnish all work specified or indicated in the Contract Documents and at the Contract Time and the Contract Price identified in the Agreement (Document 00 52 00). B. Change Order: If it becomes necessary to further define the Work, Contract Price, Contract Time or some other portion of the Construction Contract prior to signing the Agreement Document (00 52 00), ENGINEER shall prepare a Change Order describing such change. The necessity for preparing such a Change Order is the OWNER's sole option. If the Change Order is acceptable to the Bidder, the Bidder agrees to execute the Change Order concurrent with the execution of the Agreement. ---PAGE BREAK--- Bid Information 00 41 00 - 3 2.2 BIDDER ACCEPTS TERMS AND CONDITIONS A. Bidder accepts all of the terms and conditions of the Bid Documents, including without limitation those dealing with the disposition of Bid security. B. Bidder will pick up, sign and submit the Agreement (Document 00 52 00) with the Bonds and other documents required by the Agreement within 10 days after the date of OWNER's Notice of Intent to Award the Construction Contract. 2.3 REPRESENTATION OF BIDDER A. In submitting this Bid, Bidder represents, as more fully set forth in the Instructions To Bidders (Document 00 21 13), that: 1. Nature of the Work: Bidder has become familiar with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 2. Surface and Subsurface Conditions: Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Geotechnical Data (Document 00 31 32) (if any). 3. Underground Utilities: Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site. 4. Bidder Investigation: Bidder has correlated the results of all observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5. Discrepancy Resolutions: Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that Bidder has discovered in the Contract Documents and acknowledges that all written resolutions thereof, issued by ENGINEER prior to Bid opening, are acceptable to Bidder. 2.4 OWNER'S RIGHTS AT BID AWARD A. Bidder agrees OWNER has the right to reject this Bid, or to award the Work or any part thereof to the undersigned at the prices stipulated. Bidder agrees to make no claim for damages for such rejection or award. B. If the Bid is rejected, then the Bid security shall be returned to the Bidder. C. If the Bid is accepted the OWNER will notify Bidder of OWNER's intent to award the Construction Contract to the Bidder. The Bidder shall have 10 days to sign the Agreement (Document 00 52 00) and any negotiated Change Order issued pursuant to Article 10.01 of the General Conditions (Document 00 72 00), and to ---PAGE BREAK--- Bid Information 00 41 00 - 4 deliver the same, together with the required Performance Bond and Payment Bond, to the OWNER. If Bidder fails to sign and deliver the Agreement or negotiated Change Order and the required Bonds, as specified, the Bid security, at OWNER's option, shall be claimed and cashed and the amount thereof paid to OWNER as liquidated damages for the failure of the Bidder to comply with the terms of the Bid. D. Bidder agrees the Bid may be rejected if the submittals required by this Document or the Notice of Intent to Award are not submitted within the time listed in the Notice of Intent to Award. 2.5 NON-COLLUSION A. Bidder agrees the Bid is genuine. The Bid is not made in the interest of or on behalf of any undisclosed person, firm or corporation. B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. C. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding. D. Bidder has not sought by collusion to obtain for itself any other advantage over any separate Bidder or over OWNER. 2.6 BID PRICING A. Bidder will complete the Work for the prices listed in the Bid Schedule (Document 00 43 00). Bidder agrees that quantities for Unit Price Work are not guaranteed. (Refer to Article 11.07 of the General Conditions (Document 00 72 00)). 2.7 SUBSTANTIAL COMPLETION, PROJECT COMPLETION AND LIQUIDATED DAMAGES A. Bidder agrees that the Work will be Substantially Complete and ready for Final Inspection on or before the expiration of the Contract Time indicated in the Agreement (Document 00 52 00). B. Bidder agrees the Work will be complete and ready for final payment in accordance with Article 14.09 of the General Conditions (Document 00 72 00) on or before the expiration of the Punch List Time indicated in the Agreement. C. Bidder accepts the provisions of the Agreement (Document 00 52 00) as to liquidated damages in the event of failure to complete the Work on time and in accordance with the Contract Documents. ---PAGE BREAK--- Bid Information 00 41 00 - 5 PART 3 EXECUTIONS 3.1 EFFECTIVE DATE A. Bidder executes this Bid and declares it to be in effect as of the day of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's B. Print Bidder's name C. Title of person END OF DOCUMENT ---PAGE BREAK--- Bid Information 00 41 00 - 1 00 43 00 Bid Schedule PART 1 GENERAL 1.1 CONSTRUCTION CONTRACT A. Name of Project: Millcreek Commons Hazardous Materials Abatement B. Project Number: ENG 1.2 RELATED REQUIREMENTS A. APWA 01 29 00: Payment Procedure. 1.3 SCHEDULES TO BE ADDED TO THE AGREEMENT A. This Bid Schedule contains the schedules of prices which will be incorporated into the Agreement (Document 00 52 00) by reference. 1.4 PRICES A. B. Base Bid C. Base Bid: Estimated ACMs and universal hazardous wastes identified below shall be removed to facilitate demolition of the buildings. All quantities provided are approximate and are only included to assist Contractor in determining the amount of ACM and hazardous materials designated for removal. Contractor is responsible for accurately determining the amount of ACM and hazardous materials included in the base bid. Contractors are required to incorporate unit pricing in their overall base bid. A unit price table with owners best estimate of quantities listed in the base bid will be included in the bid documents. Contractors will be required to complete the table below when compiling their base bid. Their base bid will be the sum of the costs to remove each estimated quantity of material times their unit price. Contractor and Consultant will mutually agree to and document as “Addition To” for additional material quantities discovered or “Reduced” for material quantities overestimated in the Base Bid. A change order will be issued to ADD to or REDUCE from the final contract value based on actual quantities abated. ---PAGE BREAK--- Bid Schedule 00 43 00 - 2 Base bid Work includes: ASBESTOS and HAZARDOUS MATERIALS BASE BID: Removal of the following ACMs and hazardous materials from: • 1353 East 3300 South (Long Life Vegi-House) • 1357 East 3300 South (Plowgian Auto Repair) • 3216 South Highland Drive (Office Building) • 1310 Woodland Ave (Serve A Cup) • 1334, 1336, and 1338 East Woodland Avenue (Condos) • 1341 East 3205 South (Residence) • 1347 East 3205 South (Residence) • 1353 East 3205 South (Residence) • 1363 East 3205 South (Residence) Removal of asbestos-containing materials includes those materials tested and found to contain less than one percent asbestos in accordance with OSHA rules. Some materials were tested and found to contain asbestos content or overall. Although these materials are non- ACM as defined by EPA, the client has chosen to remove these materials prior to demolition as there are potential OSHA exposure concerns associated with disturbance. ASBESTOS-CONTAINING MATERIALS Long Life Veggie House Item Number Homogeneous Area Number Material Quantity Unit Price Amount 1 LLVH-6 Plaster wall with black coating 800 SF $ $ 2 LLVH-7 White gypsum board wall system 3,500 SF $ $ 3 LLVH-9 Exterior transite siding 1,000 SF $ $ 4 LLVH-12 Light fixture electrical wiring 3 ea. $ $ 5 LLVH-17 White vibration isolator 2 units $ $ 6 LLVH-18 Gray/black roof penetration sealant 65 SF $ $ 7 LLHV-20 Window glazing 6 units $ $ Sub-total $ ---PAGE BREAK--- Bid Schedule 00 43 00 - 3 Serve-A-Cup Item Number Homogeneou s Area Number Material Quantity Unit Price Amount 8 SAC-1 White/brown plaster 1,080 SF $ $ 9 SAC-3 White ceiling/wall texturing 1,761 SF $ $ 10 SAC-4 White popcorn texture ceiling material 32 SF $ $ 11 SAC-8 White HVAC duct tape 100 LF $ $ 12 SAC-11 White window caulking 30 LF $ $ 13 SAC-18 Silver sink undercoating 1 ea. $ $ 14 SAC-17 Brown asphalt roofing shingle with tar paper 1,100 SF $ $ 15 SAC-18 Black roof tar 8 SF $ $ Sub-total $ Condos Item Number Homogeneous Area Number Material Quantity Unit Price Amount 16 Con-1 White gypsum board wall system 58,410 SF $ $ 17 Con-14, Con-15, Con-16, Con-17, Con-19, and Con-20 9” x 9” tan floor tile only 5,460 SF $ $ Sub-total $ Office Building No Asbestos Materials Identified 1353 East 3205 South Item Number Homogeneous Area Number Material Quantity Unit Price Amount 19 1353-1 White gypsum board wall system 2,000 SF $ $ 20 1353-5 White HVAC Duct Tape 13 LF $ $ 21 1353-7 White window glazing 4 windows $ $ 22 1353-11 Black roof tar 5 SF $ $ Sub-total $ ---PAGE BREAK--- Bid Schedule 00 43 00 - 4 Plowgain Auto Mechanic Item Number Homogeneous Area Number Material Quantity Unit Price Amount 18 PAM-15 Black flashing with white specs 30 SF $ $ Sub-total $ 1347 East 3205 South Item Number Homogeneous Area Number Material Quantity Unit Price Amount 23 1347-2 1347-3 9” x 9” Brown and/or pink floor tile 225 SF $ $ 24 1347-12 Black roof tar 5 SF $ $ Sub-total $ 1363 East 3205 South Item Number Homogeneous Area Number Material Quantity Unit Price Amount 25 1363-10 Tan 9”x9” floor tile with red and white splotches 150 SF $ $ Sub-total $ 1341 East 3205 South Item Number Homogeneous Area Number Material Quantit y Unit Price Amount 26 1341-5 White HVAC Duct Tape 13 LF $ $ Sub-total $ TOTAL $ UNIVERSAL HAZARDOUS WASTES All Properties Combined Item Number Material Quantit y Unit Price Amount 27 U-shaped fluorescent mercury-vapor light tubes 28 tubes $ $ 28 1-foot fluorescent mercury-vapor light tubes 1 tube $ $ 29 2-foot fluorescent mercury-vapor light tubes 2 tubes $ $ ---PAGE BREAK--- Bid Schedule 00 43 00 - 5 Item Number Material Quantit y Unit Price Amount 30 4-foot fluorescent mercury-vapor light tubes 1,259 tubes $ $ 31 8-foot fluorescent mercury-vapor light tubes 119 tubes $ $ 32 Compact fluorescent lamps 649 lamps $ $ 33 Flood Lights 56 units $ $ 34 Sodium Vapor Bulbs 8 units $ $ 35 Suspect PCB-containing light fixture ballasts 703 units $ $ 36 Electrical Transformer 3 unit $ $ 37 Mercury-containing thermostats 4 units $ $ 38 CFC-containing HVAC units 7 units (3 large on Office Bldg.) $ $ 39 CFC-containing Refrigerators 6 units $ $ 40 Window Air Conditioner Units 40 units $ $ 41 CFC-containing Water Fountains 7 units $ $ 42 Freon Canister R-134A 1 unit $ $ 43 Vehicle Batteries 23 units $ $ 44 Backup Batteries 22 units $ $ 45 Emergency Generator 1 unit $ $ 46 Vending Machine 3 units $ $ 47 Cathode Ray Tube 1 unit $ $ 48 Hydraulic Vehicle Lift 5 units $ $ 49 Large and small oil, grease, coolants, and gas containers Numero us within Plowgia n Motors $ $ 50 Zoom Spout Oiler 1 unit $ $ 51 Paint -spray can 3 cans $ $ 52 Paint – 1 gallon 30 gal $ $ 53 Paint – 5 gallon can 1 unit $ $ 54 Paint Stripper 1 gallon $ $ 55 Sensor Cleaner 1 gallon $ $ 56 Various Household Cleaners 21 units $ $ 57 PVC Cement 3 units $ $ 58 Tires 4 tires $ $ ---PAGE BREAK--- Bid Schedule 00 43 00 - 6 Item Number Material Quantit y Unit Price Amount Total $ D. Summary: 1. Base Bid: 2. Base Bid Total in written words: 1.5 UNIT PRICE - MEASUREMENT AND PAYMENT A. Base Bid: Measurement and payment shall be in accordance with APWA 01 29 00 and include all cost of labor, materials, equipment and appurtenances required to demolish, remove and dispose of materials identified in the bid schedule: END OF DOCUMENT ---PAGE BREAK--- Bid Bond 00 43 13 - 1 00 43 13 Bid Bond PART 1 GENERAL 1.1 PROCEDURE A. The Bid Bond should be submitted on AIA Document A310, as published by the American Institute of Architects, 1736 N.Y. Ave. N.W., Washington, D.C. 20006. If said form is not reasonably available, bid security may be submitted on another form, provided the same is acceptable to the OWNER and approval of said form is obtained by Bidder prior to submitting Bid. END OF DOCUMENT ---PAGE BREAK--- SUPPLEMENTS TO BID FORMS ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 1 00 43 36 Subcontractor and Supplier Report PART 1 GENERAL 1.2 BIDDER A. Name and address: B. Telephone Number: 1.3 CONSTRUCTION CONTRACT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement____ B. Project Number: ENG PART 2 REPORT 2.1 SCHEDULE OF PRICES A. The Bidder shall submit a separate copy of this form for each separate schedule of prices listed in the Bid Schedule (Document 00 43 00). The information provided on this form is applicable to the schedule of prices known as 2.2 SUBCONTRACTORS AND SUPPLIERS A. Failure of the Bidder to specify a Subcontractor for any portion of the Work constitutes an agreement by the Bidder that the Bidder is fully qualified to perform that portion, and that Bidder shall perform that portion. Bidder must have the written consent of OWNER to substitute for any of the Subcontractors or Suppliers designated below or to employ any Subcontractor or Supplier which is not listed below. B. Bidder will be fully responsible to OWNER for the acts and omissions of Subcontractors and Suppliers and of persons either directly or indirectly employed by them, as Bidder is for the acts and omissions of persons employed by Bidder directly. C. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor or Supplier and the OWNER. Bidder ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 2 agrees each subcontract with Bidder's Subcontractor will disclaim any third party or direct relationship between OWNER and any Subcontractor or Supplier. D. The names and addresses of the Subcontractors who will work under the terms of the Contract Documents and the estimated dollar amount of each subcontract (in excess of 2 percent of the Bid sum) are as follows: Name of Subcontractor Nature and Extent of Work to be Sublet Amount 1. 2. 3. 4. 5. 6. 7. 8. TOTAL $ A supplemental sheet is attached? Yes [ ] No. [ ] ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 3 E. Suppliers: The names and addresses of the Suppliers who will work under the terms of the Contract Documents and the estimated dollar amount of each subcontract (in excess of 2 percent of the Bid sum) are as follows: Name of Supplier Nature and Extent of Work to be Sublet Amount 1. 2. 3. 4. 5. 6. 7. 8. TOTAL $ A supplemental sheet is attached? Yes [ ] No. [ ] ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 4 PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Bidder executes this Subcontractor and Supplier report and declares it to be a supplement to the Bid (Document 00 41 00) and in effect as of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's signature: B. Please print Bidder's name here: C. Title of person signing: END OF DOCUMENT ---PAGE BREAK--- Bidder Status Report 00 43 38 - 1 00 43 38 Bidder Status Report PART 1 GENERAL 1.1 BIDDER A. Name and address: B. Telephone number: C. E-mail address: 1.2 CONSTRUCTION CONTRACT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement B. Project Number: ENG PART 2 REPORT 2.1 BIDDER STATUS REPORT A. Bidder affirms the following information is true and correct. 1. Number of employees: 2. Bidder's firm is: (check the following as applicable) Independently owned and operated. An affiliate of* A subsidiary of* A division of* A business with gross revenue in excess of $ A business with gross revenue below $ * PARENT COMPANY: Name: Address: Telephone Number: ---PAGE BREAK--- Bidder Status Report 00 43 38 - 2 PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Bidder executes this status report and declares it to be a supplement to the Bid (Document 00 41 00) and in effect as of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's Signature: B. Please print Bidder's name here: C. Title of person signing: END OF DOCUMENT ---PAGE BREAK--- Certificate of Non-Collusion 00 45 19 - 1 00 45 19 Certification of Non-Collusion PART 1 GENERAL 1.1 BIDDER A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement____ B. Project Number: ENG 1.2 AFFIDAVIT STATE OF ) : ss. COUNTY OF ) The undersigned, being first duly sworn, avers as follows: 1. As a condition precedent to the award by Millcreek of a contract for the construction of the project referenced above, I, (owner)(partner)(officer)(authorized agent) (business name of bidder), do solemnly swear that neither I, nor to the best of my knowledge, any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on said project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized or unlawful under the laws and regulations of the State of Utah or of Millcreek. ---PAGE BREAK--- Certificate of Non-Collusion 00 45 19 - 2 2. Dated this day of BIDDER Subscribed and sworn to before me, a Notary Public in and for said county and state, this day of Residing in: Commission Expires: END OF DOCUMENT ---PAGE BREAK--- Certificate of Non-Discrimination 00 45 36 - 3 00 45 36 Certificate of Non-Discrimination PART 1 GENERAL 1.1 PROJECT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement____ B. Project Number: ENG 1.2 AFFIDAVIT STATE OF ) : ss. COUNTY OF ) The undersigned, being first duly sworn, avers as follows: 1. As a condition precedent to the award by Millcreek of a contract for the construction of the project referenced above, I, (owner)(partner)(officer)(authorized agent) of (business name of bidder), do solemnly swear that neither I, nor to the best of my knowledge, any member or members of my firm or company will discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. 2. I will take affirmative action to assure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. I agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Millcreek setting forth the provisions of this certificate. 3. I will, in all solicitations or advertisement for employees placed by or on behalf of myself, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. 4. I will send to each labor union or representative of workers with which I have a collective bargaining agreement or other contract or understanding, a notice to be provided by Millcreek advising the labor union or workers' representative of my commitments under this certificate, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ---PAGE BREAK--- Certificate of Non-Discrimination 00 45 36 - 4 5. In the event of my noncompliance with this certificate or with any nondiscrimination requirements of national, state or local law or regulation, I consent to the termination of the contract for construction of the project referenced above should I and my firm receive award of said contract. 6. DATED this day of BIDDER By: Title: STATE OF ) : ss. COUNTY OF ) Subscribed and sworn to before me, a Notary Public in and for said County and State, this day of Commission Expires: Residing in END OF DOCUMENT ---PAGE BREAK--- CONTRACT FORMS ---PAGE BREAK--- AGREEMENT FORM ---PAGE BREAK--- Performance Bond 00 61 13.13 - 1 00 52 00 Agreement PART 1 GENERAL 1.1 CONTRACTOR A. Name: B. Address: C. Telephone number: D. Facsimile number: E. E-Mail addresses: 1.2 OWNER A. Millcreek, a municipal corporation of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.3 CONSTRUCTION CONTRACT A. The Construction Contract is known as Millcreek Commons Hazardous Materials Abatement 1.4 ENGINEER A. John Miller, P.E., or his designee is the Engineer who has the rights, authority and duties assigned to Engineer in the Contract Documents; provided, however, Engineer shall not have authority to increase the contract price to an amount that exceeds the amount budgeted for the project by the Owner for the Project. 1.5 AGREEMENT PERFORMANCE A. The Contractor shall perform everything required to be performed by Contractor in the Contract Documents, shall provide and furnish all labor, tools and equipment, and shall furnish and deliver all materials not specifically stated in the Contract Documents as being furnished by the Owner, to complete all the work necessary to complete the Project in Millcreek, State of Utah, in the best and most workmanlike manner and in strict conformity with the provisions of this Agreement. The plans and specifications and the proposals are hereby ---PAGE BREAK--- Performance Bond 00 61 13.13 - 2 made a part of the agreement as fully and to the same effect as if the same had been set forth at length in the body of this Agreement. In the event of inconsistencies within or among parts of this Agreement, the Contract Documents or among Contract Documents, this Agreement, and applicable standards, codes, and references to previous versions of the Manual of Standard Specifications or Manual of Standard Plans, the Contractor shall provide the better quality or greater quantity of work; or (ii) comply with the more stringent requirement; either or both in accordance with Engineer’s interpretation. B. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Owner. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Owner in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Owner or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Owner and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Owner. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Owner in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Owner or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Owner and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Owner. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Owner in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Owner or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Owner and its authorized representatives, who may exert ---PAGE BREAK--- Performance Bond 00 61 13.13 - 3 such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Owner. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Owner in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Owner or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Owner and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. PART 2 TIME AND MONEY CONSIDERATIONS 2.1 CONTRACT PRICE A. The Contract Price includes the cost of the Work specified in the Contract Documents, and the cost of all bonds, insurance, permits, fees, and all charges, expenses or assessments of whatever kind or character. The Owner shall pay the Contractor, as full consideration for the performance of this contract, the contract bid price per item as shown in the proposal, for the quantities of work actually performed and accepted. B. The Contract Price is: C. Dollars ) 2.2 CONTRACT TIME A. The work shall commence on the date set forth in the written Notice to Proceed from the Owner or its agent to Contractor and shall be completed and ready for Owner’s substantial completion inspection within 60 calendar days from the date of such notice. B. Any time specified in work sequences in the Summary of Work (Section 01 11 10) shall be a part of the Contract Time. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 4 2.3 PUNCH LIST TIME A. The Work will be complete and ready for final payment within 30 calendar days after the date Contractor receives Engineer's Final Inspection Punch List unless exemptions of specific items are granted by Engineer in writing or an exception has been specified in the Contract Documents. B. Permitting the Contractor to continue and finish the Work or any part of the Work after the time fixed for its completion, or after the date to which the time for completion may have been extended, whether or not a new completion date is established, shall in no way operate as a waiver on the part of the Owner of any of Owner's rights under this Agreement. 2.4 LIQUIDATED DAMAGES A. Late Completion: Time is the essence of the Contract Documents. Contractor agrees that Owner will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Part 12 of the General Conditions (Document 00 72 00). Contractor and Owner agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific financial loss for late completion, Contractor agrees to pay to Owner the amount of $1,000 for each calendar day that extends after the Contract Time until the Work is accepted as Substantially Complete as provided in Article 14.5 of the General Conditions. B. Survey Monuments: No land survey monument will be disturbed or moved until Engineer has been properly notified and the Engineer's surveyor has referenced the survey monument for resetting. The parties agree that upon such an unauthorized disturbance it is difficult to determine the damages from such a disturbance, and the parties agree that Contractor will pay as liquidated damages the sum of $1,000 to cover such damage and expense. C. Interruption of Public Services: No interruption of public services shall be caused by Contractor, its agents or employees, without the Engineer's and Owner’s prior written approval. Owner and Contractor agree that in the event Owner suffers damages from such interruption, liquidated damages as stipulated above shall not be deemed to be a limitation upon Owner's right to recover the full amount of damages. C. Deduct Damages from Moneys Owed Contractor: Owner shall be entitled to deduct and retain liquidated damages out of any money which may be due or become due the Contractor. To the extent that the liquidated damages exceed any amounts that would otherwise be due the Contractor, the Contractor shall be liable for such amounts and shall return such excess to the Owner. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 5 2.5 RETAINAGE A. Retainage is Owner's Option: Owner may, in its sole discretion, retain five percent of the value of all Work done and materials or equipment supplied as part security for the fulfillment of the Construction Contract by the Contractor. If, in Engineer's opinion, the Work is proceeding in accordance with Contractor's approved progress schedule, and all progress schedule submittals are current and up to date, and all required payrolls, Shop Drawings, and miscellaneous submittals are current and up to date, the Owner may choose not to withhold retainage. 1. Reducing the Retainage: As the Work nears completion and solely at the Engineer's discretion, the Owner may reduce the retainage to an amount more in line with the Work actually remaining. 2. Retainage Held Until Final Payment: The Owner reserves the right to retain all amounts previously withheld or due the Contractor, including liquidated damages, until all Punch List items are complete. However, at Engineer's sole option, Engineer may authorize the release of up to all retained amounts except any liquidated damages and double Engineer's best estimate of the Contractor's cost to complete all remaining Punch List items. B. Interest: Except for money retained for items not provided or installed in accordance with the Contract Documents, any money retained by the Owner will be placed in an interest-bearing account held by the Owner in its Utah State Treasury Pool. The interest accrued thereon shall be the only interest paid to Contractor on the money retained and will be due and payable to the Contractor when the retained monies are paid. 2.6 PAYMENT PROCEDURES A. Progress Payments: Contractor shall submit Applications for Payment in accordance with Part 14 of the General Conditions (Document 00 72 00) and Section 01 29 00 (Payment Procedure). Payment will become due or payable only for items provided or installed by Contractor. If required by the Owner, any request or application by the Contractor for a partial payment shall be accompanied and supported by data establishing payment or satisfaction of all Contractor obligations for payroll, bills for materials and equipment, and other indebtedness, with such data establishment to be evidenced by receipts, releases and waivers of lien, arising out of the contract, to the extent and in such form as may be designated as acceptable and satisfactory by the Owner. The Owner may require such data, including but not limited to, and executed, completed lien waiver and release from all subcontractors, lower-tier subcontractors and suppliers. The submission of these items, if requested by the ---PAGE BREAK--- Performance Bond 00 61 13.13 - 6 Owner with the Contractor’s application or request for a partial payment shall constitute a condition precedent to the Contractor’s right to any such partial payment, and any particular application or request for partial payment submitted without these items, if so requested by the Owner, shall be deemed incomplete. 1. Withholding Payment: Owner reserves the right to withhold payment from Contractor for noncompliance with any provision of the Contract Documents. 2. Price Adjustments: Owner will consider making partial payment to the Contractor for certain nonconforming work in advance of any negotiated settlement reached between the Contractor and the Owner, provided the Contractor requests in writing that this be done. Contractor agrees that any such payments made by the Owner are "payments in advance" and that any money which becomes due when the final settlement is negotiated will not constitute payments "withheld" or "retained" under State law. B. Final Payment: After completion of all Work and Punch List items, Owner shall pay the Contract Price due after deducting therefrom all previous payments, unit price quantity adjustments, penalties, liquidated damages, and other amounts to be retained. All prior progress payments shall be subject to correction in the final payment. The final payment shall not be due and payable until the expiration of 30 days from approval of the request for final payment of Contractor by Engineer and Owner. Final payment, constituting the entire unpaid balance of the contract sum, shall be paid by the Owner to the Contractor when the work has been completed, the contract fully performed, and a final certificate for payment has been issued by the Engineer. Neither the final payment nor the remaining retainage shall become due until the Contractor submits to the Owner through the Engineer, an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Owner might in any way be responsible, have been paid or otherwise satisfied, consent of surety to final payment, and if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the contract, to the extent and in such form as may be designated by the Owner. If after substantial completion of the work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of change orders affecting final completion, and the Engineer so confirms, the Owner shall, upon application by the Contractor and certification by the Engineer and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. If the remaining balance for work not fully completed or corrected is less than the retainage stipulated in the contract documents, and if bonds have been furnished, the written consent of the Surety ---PAGE BREAK--- Performance Bond 00 61 13.13 - 7 of the payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under the terms and conditions governing payments as heretofore set forth, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: unsettled liens; faulty or defective work; failure of the work to comply with the requirements of the contract documents; or terms of any special warranties required by the contract documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final application for payment. All provisions of this agreement, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 1. Submittal: Final payment shall not be made until the Contractor has delivered and Engineer has accepted all submittals specified in Article 14.8 of the General Conditions (Document 00 72 00). 2. Owner Released From Claims: The payment and acceptance of the final Contract Price due and the adjustment and payment for any Work done in accordance with any alterations of the same, shall release the Owner from any and all claims of Contractor on account of Work performed under the Contract Documents or any Modification thereof, except for those claims specifically agreed to as reserved and unresolved by the Owner. 2.7 EXTRA WORK A. No money will be paid to the Contractor for any additions, deletions or revisions in the Work as stipulated in Article 10.1 of the General Conditions (Document 00 72 00), unless a contract Modification for such has been made in writing and validly executed by the Owner and Contractor. PART 3 COVENANTS 3.1 ASSIGNMENT NOT BINDING WITHOUT WRITTEN CONSENT A. Owner and Contractor agree no assignment of any right or interest in the Contract Documents will be made without the written consent of the Owner and the Contractor. No assignment will release or discharge the Owner or the ---PAGE BREAK--- Performance Bond 00 61 13.13 - 8 Contractor from any duty or responsibility under the Contract Documents unless specifically stated to the contrary in any written consent to an assignment. B. Contractor shall make no assignment of money that is due without the Owner's written consent (except to the extent that the effect of this restriction may be limited by Law or Regulation). 3.2 BINDING TERMS A. The Agreement, with all its forms, plans, specifications and stipulations, shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. 3.3 INDEMNIFICATION A. Provisions concerning indemnification are set forth in Article 6.17 of the General Conditions (Document 00 72 00) as modified by Supplemental Conditions (Document 00 73 00). 3.4 DISPUTE RESOLUTION A. In General: 1. Unless a decision shall be held by an appropriate court of law to have been procured by fraud or to be arbitrary and capricious or so grossly erroneous as necessarily to imply bad faith, any factual decision made under this Article shall be final and binding in any suit or action arising under this Construction Contract, including any actions by Contractor or others against Owner or any of Owner's agents, consultants, or employees. 2. Compliance with provisions of this Article shall be a condition precedent prior to any legal action by the Contractor or any of Contractor's Subcontractors and Suppliers against Owner or any of Owner's agents, consultants, or employees. 3. The provisions of this Article shall not preclude or limit judicial review of issues of law. B. Disputes Not Related to the Guarantee of the Work: Any dispute arising under the Construction Contract concerning a question of fact, not related to the guarantee of the Work (Part 13 of the General Conditions (Document 00 72 00)), which is not disposed of by contract Modification shall be decided pursuant to the following procedure. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 9 1. Any decision by Engineer interpreting the requirements of the Contract Documents may be appealed in writing to the Engineer. The Engineer's decision shall be reduced to writing and a copy shall be mailed or otherwise furnished to the Contractor. The decision of Engineer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to Engineer a written appeal to the Owner. 2. Within 15 days from the receipt of any such appeal, the City Administrator shall issue a decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the City Administrator shall be final and conclusive unless, within 15 days from the date of receipt of such decision, the Contractor mails or otherwise furnishes to the City a written appeal to a Dispute Committee. 3. The Dispute Committee shall consist of the Owner's Attorney, the Mayor, and an independent engineer selected by the Owner. 4. Said Committee shall have authority to investigate the appeal. 5. The decision of said Committee shall be rendered in writing within 15 days from receipt of the appeal and mailed or otherwise delivered to the Contractor. 6. The decision of said Committee shall be the final binding interpretation of the facts which are the subject of the appeal. A. Disputes Related to the Guarantee: Except as otherwise provided by contract Modification, any dispute concerning a question of fact involving or arising out of the guarantee required by the Contract Documents (Article 13.1 of the General Conditions (Document 00 72 00)), which is not disposed of by contract Modification shall be decided pursuant to the provisions of Paragraph 3.4B above. B. Work During Appeal: Notwithstanding the pendency of any protest or appeal provided above, Contractor shall, if so ordered by Engineer, proceed with the Work under the Contract Documents according to Engineer's direction and according to the decision on any appeal. The existence of a claim or protest shall not excuse Contractor from the requirements of the Contract Documents, including, but not limited to, the Contract Time. C. Appeals of Termination or Suspension: Any decision of Owner to terminate or suspend the Work shall not be subject to the provisions of this Article. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 10 3.5 ATTORNEY’S FEES. A. In the event that either party institutes any action or proceeding against the other relating to the breach of any term of this agreement, then the unsuccessful party in such action or proceeding agrees to reimburse the successful party for the reasonable expenses of such action including reasonable attorney fees, incurred therein by the successful party. 3.6 CONTRACTOR’S REPRESENTATIONS. The Contractor represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work: A. that it and its Subcontractors are financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; B. that it is able to furnish the plant, tools, materials, supplies, equipment, and labor required to complete the Work and perform its obligations hereunder; C. that it is authorized to do business in the State of Utah and properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Project; D. that its duly authorized representative has visited the site of the Project, familiarized himself with the local and special conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents; and E. that it possesses a high level of experience and expertise in the business administration, construction, construction management, and superintendence of projects of the size, complexity, and nature of this particular Project, and it will perform the Work with the care, skill and diligence of such a contract. The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contractor by law with respect to the Contractor’s duties, obligations, and performance hereunder. The Contractor acknowledges that the Owner is relying upon the Contractor’s skill and experience in connection with the work called for hereunder. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 11 3.7 SPECIAL PROVISIONS REGARDING NONFUNDING The Contractor specifically understands and agrees that funds are not presently available for performance of this Agreement beyond the end of Owner’s fiscal year, which is June 30, 2021. Each party’s obligation for performance of this Agreement beyond such date is contingent upon funds being budgeted and appropriated for payment with respect to this Agreement. If no such funds or insufficient funds are appropriated and budgeted in any fiscal year, or if there is a reduction in appropriation due to insufficient revenues, resulting in insufficient funds for the payments due or about to become due under this Agreement, then this Agreement shall create no obligation on the parties as to such fiscal years (or any succeeding fiscal year), and all obligations thereunder shall terminate and become null and void on the first day of the fiscal year on which funds were not budgeted or appropriated or in the event of reduction in appropriation on the last day before the reduction became effective (except as those portions of payments herein then agreed upon for which funds are appropriated and budgeted.) Such said termination shall not be construed as a breach of or a default under this Agreement and such termination shall be without penalty, additional payment, or other charges of any kind whatsoever to Contractor and no right of action or damage or other relation shall accrue to the benefit of the Contractor as to this Agreement, or any portion thereof, which may so terminate and become null and void. 3.8 CONTRACT DOCUMENTS. Contract Documents include the Manual of Standard Specifications, 2017 Edition, published by Utah LTAP Center, Utah State University, and Manual of Standard Plans, 2017 Edition, published by Utah LTAP Center, Utah State University, and those documents included in the term “Contract Documents” as defined therein. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 12 PART 4 EXECUTION 4.1 EFFECTIVE DATE. A. Owner and Contractor executed this Agreement and declared it in effect as of the day of , 2020. IN WITNESS WHEREOF, we have hereunto set our hands on the day and year first above written: MILLCREEK, OWNER By Jeff Silvestrini, Mayor Attest: Elyse Greiner, CMC City Recorder Approved as to form: John N. Brems, City Attorney [Contractor] By Its Attest: By END OF DOCUMENT ---PAGE BREAK--- BONDS AND CERTIFICATES ---PAGE BREAK--- Performance Bond 00 61 13.13 - 1 00 61 13.13 Performance Bond PART 1 GENERAL 1.1 BOND A. Number: . B. Amount: dollars 1.2 SURETY A. Name and B. Telephone number: . C. Facsimile number: . 1.3 CONTRACTOR A. Name and address: B. Telephone number: . C. Facsimile number: . 1.4 OWNER A. Millcreek, a political subdivision of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.5 CONSTRUCTION CONTRACT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement B. Project Number: ENG 20-15-3 1.6 DEFINED TERMS A. Terms used in this performance Bond which are defined in Article 1.01 of the General Conditions (Document 00 72 00) will have the meanings indicated in the General Conditions. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 2 PART 2 COVENANTS 2.1 SURETY'S AND CONTRACTOR'S RELATIONSHIP A. Surety and CONTRACTOR, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER for the performance of the Construction Contract, whether awarded or about to be awarded. B. If CONTRACTOR performs the Construction Contract, the surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences indicated in Article 2.03. 2.2 NOTICE A. Notice to the surety, the OWNER or the CONTRACTOR shall be sent by certified mail, return receipt requested, or hand delivered to the address shown on this Bond agreement. The date received at the address shown on this agreement shall be the date of actual notice to the surety, the OWNER, or the CONTRACTOR, however accomplished. 2.3 PROCEDURE TO INVOKE SURETY'S OBLIGATION A. If the CONTRACTOR fails to perform or to comply with the terms of the Construction Contract, and such failure to perform or to comply has not been waived by the OWNER, the OWNER may notify the CONTRACTOR and the surety, at their addresses described above, that the OWNER is considering declaring the CONTRACTOR in default. B. Before declaring the default, the OWNER must request and attempt to arrange a conference with the CONTRACTOR and the surety to be held at a time and place required by the OWNER to discuss methods of performing the Work. C. If the CONTRACTOR does not attend the conference and/or provide adequate assurance of intent and ability to perform the Work as required by the Construction Contract, the OWNER may declare the CONTRACTOR in default and formally terminate the CONTRACTOR's right to complete the Work. Such default shall not be declared earlier than 10 days after the CONTRACTOR and the surety have received actual notice as provided in Paragraph 2.02A. D. If the Contract with the CONTRACTOR is terminated, the OWNER agrees to pay the unpaid Balance of the Contract Price to the surety for completion of the Work in accordance with the terms of the Construction Contract or to a contractor selected by the surety to perform the Work in accordance with the terms of the Construction Contract. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 3 2.4 SURETY'S OPTIONS AT CONTRACTOR TERMINATION A. Surety Completes the Work: The surety may undertake to perform and complete the Work itself, through its agents or through independent contractors. B. Surety Obtains Bids or Proposals: The surety may obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Work. 1. Such bids or proposals shall be prepared by the surety for execution by the OWNER and the contractor selected. 2. Surety shall secure the contract with performance and payment Bonds executed by a qualified surety equivalent to this performance Bond and the payment Bond; and 3. Surety shall pay to the OWNER the amount of damages as described in Paragraph 2.06 in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default. C. Surety to Pay OWNER: Surety may determine the amount for which surety believes it may be liable to pay, and tender payment therefor to the OWNER. OWNER has sole discretion to accept payment. If the OWNER refuses the tendered payment, or the surety has denied liability in whole or in part, the OWNER shall be entitled without further notice to surety to enforce any remedy available to the OWNER. 2.5 SURETY'S OBLIGATIONS A. After the OWNER has terminated the CONTRACTOR's right to complete the Construction Contract, and if the surety elects to complete the Construction Contract as indicated in Article 2.04, then the responsibilities of the surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the surety shall not be greater than those of the OWNER under the Construction Contract. B. To the limit of the surety's obligations under this Bond, but subject to commitment by the OWNER to pay all valid and proper payments made to or on behalf of the CONTRACTOR under the Construction Contract, the surety is obligated, without duplication, for: 1. the responsibilities of the CONTRACTOR for correction of Defective Work and completion of the Construction Contract; 2. design professional and delay costs resulting from the CONTRACTOR's default, and resulting from the actions or failure to act of the surety under Article 2.04; and 3. liquidated damages which may become due for any reason. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 4 2.6 UNRELATED OBLIGATIONS OF THE CONTRACTOR A. The surety and the OWNER shall not be liable to others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or changed on account of any such unrelated obligations. B. No right of recovery on this Bond shall accrue to any person or entity other than the OWNER or its administrators, or successors. 2.7 WAIVER OF NOTICE BY SURETY OF CHANGES A. Surety agrees that no modifications, omissions, or additions in or to the terms of the Construction Contract, including, but not limited to, Contract Price, Contract Time, scope of the Work, the plans or specifications, or to related subcontracts, purchase orders, and other obligations, shall affect the obligations of surety under this Bond. Surety hereby waives notice of any such change or changes. 2.8 VENUE A. Any suit or action commenced by OWNER under this Bond shall be brought in a court of competent jurisdiction in the County of Salt Lake, State of Utah. 2.9 TIME LIMIT FOR SUITS ON BOND A. No suit or action by OWNER to recover on this Bond may be sustained unless it shall be commenced within 2 years of the date of Substantial Completion. PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Surety and CONTRACTOR execute this Bond agreement and declared it to be in effect as of the day 20 3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Type of organization: (corporation, partnership, individual, etc.) B. If CONTRACTOR is a corporation, attach a corporate resolution evidencing CONTRACTOR's authority to sign. C. CONTRACTOR's signature: D. Please print name here: E. Title of person signing: ---PAGE BREAK--- Performance Bond 00 61 13.13 - 5 F. Corporate Acknowledgement: In the County of State of on the day of , 20 , personally appeared before me and who, being by me duly sworn did say that they are the and of a (state) corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC Commission Expires: Residing in: G. Partnership Acknowledgement: In the County of , State of on the day of , personally appeared before me who, being by me duly sworn on oath did say that a partner in partnership and that the foregoing instrument was signed pursuant to authorization of the partnership. NOTARY PUBLIC Commission Expires: Residing in: ---PAGE BREAK--- Performance Bond 00 61 13.13 - 6 H. Business Name Acknowledgement: In the County of State of on the day of personally appeared before me who, being by me duly sworn did say that the foregoing instrument was signed with proper authority on behalf of dba NOTARY PUBLIC Commission Expires: Residing in: I. Individual Acknowledgement: In the County of State of on the day of _ , 20 , personally appeared before me the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same. NOTARY PUBLIC Commission expires: Residing in: ---PAGE BREAK--- Performance Bond 00 61 13.13 - 7 3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Attach evidence of surety's corporate authority to sign. B. Surety's signature: C. Please print name here: D. Title of person signing: E. Acknowledgment: In the County of , State of on this of 20 , before me, the undersigned notary, personally appeared who proved to me his/her identity through documentary evidence in the form of a be the person whose name is signed as the authorized surety, and acknowledged to me that this document was signed voluntarily for its stated purpose. NOTARY PUBLIC Commission expires: Residing in: END OF DOCUMENT ---PAGE BREAK--- Payment Bond 00 61 13.16 - 1 00 61 13.16 Payment Bond PART 1 GENERAL 1.1 BOND A. Number: B. Amount: dollars ) 1.2 SURETY A. Name and address: B. Telephone number: C. Facsimile number: 1.3 CONTRACTOR A. Name and address: B. Telephone number: C. Facsimile number: 1.4 OWNER A. Millcreek, a political subdivision of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.5 CONSTRUCTION CONTRACT A. Name of Project: ____Millcreek Commons Hazardous Materials Abatement B. Project Number: ENG ---PAGE BREAK--- Payment Bond 00 61 13.16 - 2 1.6 DEFINED TERMS A. Terms used in this payment Bond which are defined in Article 1.01 of the General Conditions (Document 00 72 00) will have the meanings indicated in the General Conditions. PART 2 COVENANTS 2.1 SURETY AND CONTRACTOR RELATIONSHIP A. Surety and CONTRACTOR, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER for the performance of the Construction Contract, whether awarded or about to be awarded. B. If CONTRACTOR performs the Construction Contract, the surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences indicated in Article 2.03. C. The premium charged CONTRACTOR by surety for this Bond is $ for its term. 2.2 NOTICE A. Notice to the surety, the OWNER or the CONTRACTOR shall be sent by certified mail, return receipt requested, or hand delivered to the address shown on this Bond agreement. The date received at the address shown on the agreement shall be the date of actual notice to the surety, the OWNER or the CONTRACTOR, however accomplished. 2.3 CONDITIONS OF SURETY'S LIABILITY A. This Bond is executed in accordance with and for the purpose of complying with the laws of the State of Utah, and shall inure to the benefit of any and all persons who perform labor or furnish materials to be used in or for the Work described in the Construction Contract. B. With respect to the OWNER, this Bond agreement shall be null and void if the CONTRACTOR or surety takes the following actions: 1. makes payment, directly or indirectly, for all sums due Claimants, and 2. Defends, indemnifies and saves harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Work, provided the OWNER has tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the surety. ---PAGE BREAK--- Payment Bond 00 61 13.16 - 3 2.4 SURETY'S OPTION TO SETTLE CLAIMS A. When a Claimant has submitted a claim against OWNER or surety under this Bond, the surety shall and at the surety's expense take the following actions. 1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 2. Pay or arrange for payment of any undisputed amounts. 2.5 USE OF FUNDS A. Amounts owed by OWNER to CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, against the Performance Bond (Document 00 61 13.13) By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Work are dedicated as follows: 1. The OWNER has first priority to use the funds for the completion of the Work. 2. The CONTRACTOR and the surety have second priority to use the funds to satisfy the obligations of the CONTRACTOR and the surety under this Bond. 2.6 UNRELATED OBLIGATIONS OF THE CONTRACTOR A. The surety and the OWNER shall not be liable to Claimants or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. B. The OWNER shall not be liable for payment of any damages, costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 2.7 WAIVER OF NOTICE BY SURETY OF CHANGES A. Surety agrees that no modifications, omissions, or additions in or to the terms of the Construction Contract, including, but not limited to, Contract Price, Contract Time, scope of the Work, the plans of specifications, or to related subcontracts, purchase orders, and other obligations, shall affect the obligations of surety under this Bond. Surety hereby waives notice of any such change or changes. 2.8 VENUE AND CHOICE OF LAW A. Any suit or action commenced by a Claimant under this Bond shall be for action in a court of competent jurisdiction in the County of Salt Lake, State of Utah. ---PAGE BREAK--- Payment Bond 00 61 13.16 - 4 B. The terms and conditions of this Bond shall be construed under, and enforced according to the laws of the State of Utah. 2.9 TIME LIMIT FOR SUITS ON BOND A. No suit or action by OWNER to recover on this Bond may be sustained unless it shall be commenced within 2 years of the date of Substantial Completion. 2.10 COPIES OF THIS BOND A. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR or OWNER shall furnish a copy of this Bond or shall permit a copy to be made. PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Surety and CONTRACTOR executed this Bond agreement and declared it to be in effect as of the day of , 20 . 3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Type of organization: (corporation, partnership, individual, etc.) B. Attach a corporate resolution evidencing CONTRACTOR's authority to sign. C. CONTRACTOR's signature: D. Please print name here: E. Title: ---PAGE BREAK--- Payment Bond 00 61 13.16 - 5 F. Corporate Acknowledgement: In the County of State of on the day of , 20 , personally appeared before me and who, being by me duly sworn did say that they are the and of a (state)________________corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC Commission expires: Residing in: G. Partnership Acknowledgement: In the County of State of on the day of , 20 , personally appeared before me who, being by me duly sworn on oath did say that is a partner in and that the foregoing instrument was signed pursuant to authorization of the partnership. NOTARY PUBLIC Commission expires: Residing in: ---PAGE BREAK--- Payment Bond 00 61 13.16 - 6 H. Business Name Acknowledgement: In the County of State of on the day of , 20 , personally appeared before me who, being by me duly sworn did say that the foregoing instrument was signed with proper authority on behalf of dba NOTARY PUBLIC Commission expires: Residing in: I. Individual Acknowledgement: In the County of State of on the day of 20 , personally appeared before me the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same. NOTARY PUBLIC Commission expires: Residing in: ---PAGE BREAK--- Payment Bond 00 61 13.16 - 7 3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Attach evidence of surety's corporate authority to sign. B. Surety's signature: C. Please print name here: D. Title of Person Signing: E. Acknowledgment: In the County State of on this day of 20 , before me, the undersigned notary, personally appeared , who proved to me his/her identity through documentary evidence in the form of a be the person whose name is signed as the authorized surety and acknowledged to me that this document was signed voluntarily for its stated purpose. NOTARY PUBLIC Commission expires: Residing in: END OF DOCUMENT ---PAGE BREAK--- Certificate(s) of Insurance 00 62 16 - 1 00 62 16 Certificate(s) of Insurance PART 4 GENERAL 1.1 PROCEDURE A. For filing purposes, add Certificates of Insurance to the Contract Documents following this page. END OF DOCUMENT ---PAGE BREAK--- CONDITIONS OF THE CONTRACT ---PAGE BREAK--- GENERAL CONDITIONS ---PAGE BREAK--- 00 72 00 General Conditions All provisions of the APWA Manual of Standard Specifications, 2017 Edition, General Conditions Document 00 72 00, as supplemented, are made a part of the Contract Documents by reference. ---PAGE BREAK--- SUPPLEMENTARY CONDITIONS ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 1 00 73 00 Supplemental General Conditions The following supplements modify, change, delete from, and add to the Agreement between Owner and Contractor. Where any portion of the Agreement between Owner and Contractor is modified or any paragraph, subparagraph, or clause is modified or deleted by these supplements or conditions, the unaltered provisions shall remain in effect. PART 1 GENERAL Add the following new subparagraph 1.1 A.61 Knowledge and Associated Terms: The terms “knowledge,” “known,” “recognize,” and “discovered” their respective directives and similar terms in the Contract Documents as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knew (or should have known), recognized (or should have recognized), and discovered (or should discover) in exercising the care, skill, and diligence required by the Contract Documents. Analogously, the expressions reasonably inferable on similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by the Contractor familiar with the project in exercising the care, skill, and diligence required of the Contractor by the Contract Documents. PART 2 PRELIMINARY MATTERS Replace paragraph 2.2 with the following: Owner shall not furnish to Contractor copies of published Contract Documents such as the APWA Manual of Standard Plans and Manual of Standard Specifications. Such documents may be purchased separately by Contractor. Owner may furnish to Contractor up to five copies of the Contract Documents (specifically excluding the published Contract Documents described above). Additional copies may be purchased from Engineer. Replace subparagraph 2.5 C with the following: Field Office. Contractor is not required to establish and maintain a field office in such a location so that Engineer may contact Contractor during reasonable times for transmittal of Plans, instructions, and determinations of project information. Contractor shall designate two representatives who are acceptable to Owner and Engineer, who is available at all times by cellular phone for instructions and determination of project information. PART 5 BONDS AND INSURANCE Replace 5.1 A with the following: A. Prior to or contemporaneously with Owner’s executing the Agreement, Contractor shall file with the Owner a good and sufficient performance Bond and ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 2 a payment Bond that meets all statutory requirements of the State of Utah in the amount of the Contract Price and all subsequent increases. B. The payment Bond and performance Bond shall be substantively in the form attached hereto (Documents 00 61 00 and 00 62 00) and shall be executed by the Contractor and secured by a company that is acceptable to Owner and Engineer and regularly authorized to do a general surety business in the State of Utah and named in the current list of Companies holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in current Circular 570 (amended ) by the Audit Staff Bureau of Accounts, U.S. Treasury Department, with an underwriting limitation equal to or greater than the Contract Price which the Bond guarantees or with a current rating or better in A.M. Best Co., Best Insurance Reports, Property and Casualty Edition. C. The performance Bond and payment Bond shall guarantee the faithful performance of the Work and payment of all labor and materials. They shall inure by their terms to the benefit of the Owner. Neither this nor any other provision requiring the performance Bond and payment Bond shall be construed to create any rights in any third-party Claimant as against the Owner for performance of the Work under the Construction Contract. Replace 5.2 A with the following: A. The Contractor shall, for the protection and benefit of the Indemnitees and the Contractor and as part of the Contractor’s efforts to satisfy the obligations set forth herein, procure, pay for, and maintain in full force and effect, at all times during the performance of the Work until final acceptance of the Work or for such duration as required, policies of insurance issued by a responsible carrier or carriers acceptable to the Owner, and in form and substance reasonably satisfactory to the Owner, which afford the following coverages: 1. Comprehensive General and Automobile Liability Insurance, including completed operations, blanket contractual and broad form property damage coverage, with the following minimum limits: Personal Injury Liability $2,000,000 each occurrence Property Damage Liability $1,000,000 each occurrence; $2,000,000 aggregate Worker’s Compensation as required by Utah statute 2. Contractor’s Commercial General Liability insurance will not have an asbestos exclusion clause. ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 3 3. All such insurance shall be written on an occurrence basis. Information concerning reduction of coverage shall be furnished by the Contractor 4. All policies and Certificates of Insurance shall expressly provide that no less than thirty (30) days’ prior written notice shall be given the Owner in the event of material alteration, cancellation, nonrenewal, or expiration of the coverage contained in such policy or evidenced by such certified copy or Certificate of Insurance. 5. In no event shall any failure of the Owner to receive certified copies or certificates of policies as provided herein be construed as a waiver by the Owner or the Engineer of the Contractor’s obligations to obtain insurance pursuant to the provision hereof. The obligation to procure and maintain any insurance required herein is a separate responsibility of the Contractor and independent of the duty to furnish a certified copy or certificate of such insurance policies. 6. When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply the Owner with Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Owner with a certified copy of the renewal or replacement policy unless the Owner provides the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Owner and written by carriers acceptable to the Owner. 7. The Contractor shall cause each Subcontractor to procure insurance reasonably satisfactory to the Owner and (ii) name the Indemnitees as additional insureds under the Subcontractor’s comprehensive general liability policy. The additional insured endorsement included on the Subcontractor’s comprehensive general liability policy shall state that coverage is afforded the additional insureds with respect to claims arising out of operations performed by or on behalf of the Contractor. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this insurance policy shall not be reduced by the existence of such other insurance. ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 4 PART 6 CONTRACTOR’S RESPONSIBILITIES Add the following new subparagraph 6.8 C: Contractor shall insure strict compliance with the requirements of UTAH CODE ANN. § 34-30-1 through 14 and § 34-30-1. Further, if the provisions of UTAH CODE ANN. § 34-30-1 are not complied with, this Agreement shall be void. Replace the first sentence of paragraph 6.14 B with the following: Shop Drawings. Contractor shall submit shop drawings to Engineer for review and approval in accordance with the acceptable schedule of submissions (see paragraph 2.7 Add the following after the word “agents” in the second line of paragraph 6.17 A: elected officials, appointed officials, officers, volunteers. Add the following after the word “agent” in the second line of paragraph 6.17 B: elected officials, appointed officials, officers, volunteers. END OF DOCUMENT ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 1 00 73 76 Political Contribution Notice PART 1 GENERAL 1.1 NOTICE TO ALL BIDDERS, VENDORS, CONSULTANTS, AND CONTRACTORS REGARDING CAMPAIGN CONTRIBUTIONS: A. Campaign Contributions Ordinance: Millcreek campaign contributions ordinance prohibits a “contractor” who enters into a contract with Millcreek from making campaign contributions to candidates for Millcreek offices. For purposes of the campaign finance disclosure ordinance, a “contractor” is defined as “any person, business, corporation, or other entity that executes a written agreement with Millcreek for the acquisition or management of goods, services, or property, or the disposal of surplus goods, whether personal, real, or intangible, including all amendments, extensions, or addendums to the existing contract.” B. Limitation on Contributions by Contractors: Any person, business, corporation or other entity that is a contractor with Millcreek is prohibited from making a total of contributions that exceed $100.00 to any candidate for Millcreek office during the term of the contract and during a single election cycle as defined in the ordinance. For purposes of the ordinance, a person or entity shall be considered a contractor and doing business with Millcreek if it is engaged in any contract with Millcreek on the date of the contribution or it has contracted with Millcreek at any time during a one-year period prior to the date of the contribution. Any person, business, corporation or other entity making contributions of $100.00 or more to any Millcreek candidate shall be prohibited from entering into a contract for at least one year after the date the contribution was made. This limitation on campaign contributions applies only to contracts in excess of $10,000 and does not apply to contracts entered into by Millcreek pursuant to existing statewide contracts, small cost purchases, and expedited contracts when Millcreek Council waives the requirements of the campaign finance disclosure ordinance as to that particular expedited contract. C. Penalties: Failure to comply with the Campaign Contributions Ordinance may result in the following penalty: 1. If a contribution or contributions are received from a “contractor” and without a candidate’s knowledge of a violation of Millcreek’s campaign finance disclosure ordinance, the candidate may return the contribution without penalty if the contribution is returned within ten (10) days after the candidate knows of the violation, by way of notification from Millcreek. 2. If any contribution is made in violation of the prohibition on contributions by contractors, any existing Millcreek contract with the contractor may ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 2 be voided, at the discretion of Millcreek’s mayor or council. Any contractor who knowingly makes a contribution or contributions in violation of this provision shall be guilty of a class B misdemeanor. 3. If any contribution is made in violation of the prohibition on contributions by contractors, the official to whom that contribution is made must return the contribution. Any elected official who knowingly takes a contribution or contributions in violation of the campaign finance disclosure ordinance and does not return the contribution will be guilty of a class B misdemeanor. END OF DOCUMENT ---PAGE BREAK--- Environmental Compliance Practices 00 73 79 - 1 00 73 79 Environmental Compliance Practices PART 1 GENERAL 1.1 Bidder/Vendor/Contractor Compliance Statement and Non-Debarment Certification A. Millcreek has implemented environmentally responsible procurement practices. Millcreek requires all persons, businesses, corporations and other entities doing business or entering into a contract with Millcreek to comply with all federal, state and local environmental laws, rules and regulations. Compliance with environmental laws, rules and regulations is a relevant factor in evaluating the integrity and responsibility of a business. Millcreek, in its sole discretion, may not solicit proposals from, award contracts to, procure, or otherwise enter into business arrangements with any person, business, corporation or other organization that is non-compliant. If a bidder, vendor or contractor is: suspended, proposed for debarment, debarred, ineligible or excluded from contracting with another government entity due to environmental non- compliance, Millcreek in its sole discretion, may deem the bidder, vendor or contractor non-responsible and decline to award a contract. B. Based on the foregoing, the bidder/vendor/contractor certifies through the act of submitting its bid, that, to the best of its knowledge, neither the bidder/vendor/contractor nor any owner, officer or agent of the bidder/vendor/contractor: 1. is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from the award of a contract or purchase by any federal, state or local agency based on a finding, determination, notice of violation or order of environmental non-compliance; 2. is presently indicted or charged by a government entity in a criminal, civil or administrative proceeding with the commission of any offense, violation, or failure to comply with any federal, state, or local environmental law, rule or regulation, indicating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor; 3. has, within the last three years, been convicted, or had a civil judgment or administrative order rendered against it for any offense or violation, including but not limited to environmental non-compliance, indicating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor; 4. has, within the last three years, had a contract/purchase terminated due to an act or omission, including but not limited to environmental non-compliance, demonstrating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor. ---PAGE BREAK--- Environmental Compliance Practices 00 73 79 - 2 C. Bidder/vendor/contractor shall require any subcontractor/supplier to disclose in writing, whether at the time of the award of the subcontract, the subcontractor complies with the certification requirements in subparagraphs B.1, B.2, B.3 and B.4 above. D. Bidder/vendor/contractor shall immediately notify Millcreek in writing if, at any time before the award, the bidder/vendor/contractor learns that its certification was erroneous when submitted or has since become erroneous because of changed circumstances. E. If it is later determined that bidder/vendor/contractor knowingly rendered an erroneous certification under this provision, in addition to other available remedies, Millcreek in its sole discretion, may terminate the contract/purchase for default. END OF DOCUMENT ---PAGE BREAK--- ADDENDA AND MODIFICATIONS ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 1 00 73 03 Modifications to General Conditions (Supplementary Conditions) NOTE: Reference to APWA Standard Specifications or Project Manual documents may be designated with or without a leading i.e., 2.04B or 2.4B; however, the reference shall be interpreted as the same. Article 2.4 of the General Conditions (Document 00 72 00) is hereby repealed and the following is substituted in its place: 2.4 STARTING THE WORK A. In General: CONTRACTOR shall start to perform the Work on the date when the time for the contract commences to run. Except as indicated in Paragraph 2.04B, no work shall be done at the site prior to the date on which the time commences to run or before delivery to ENGINEER of such submittal as required in Paragraph 2.05B. B. Starting work prior to Execution of Construction Contract or Prior to Notice to Proceed: 1. OWNER shall not be liable to the CONTRACTOR for any compensation or time extensions, for any delays, hindrances, or interferences which may result from CONTRACTOR's early start without permission, and such early start work shall be considered done at CONTRACTOR's expense and risk as a volunteer, unless said early start work is inspected and approved in writing by the ENGINEER. 2. Should CONTRACTOR desire to proceed with on-site work, materials purchasing, or any other work item prior to receiving notice that the Construction Contract has been executed or prior to receiving Notice to Proceed, CONTRACTOR shall, give ENGINEER written notice, at least 48 hours in advance of intended start time, and receive from ENGINEER written notice that the OWNER's attorney or OWNER attorney's designee has approved the Contract Documents as to form. 3. CONTRACTOR shall take all precautions required to comply with applicable Laws and Regulations and observe all provisions in the Contract Documents. 4. CONTRACTOR shall secure all permits prior to beginning work covered by said permits. 5. In the event of disapproval of the Construction Contract, CONTRACTOR shall do such work as is necessary to leave the premises in a clean and level condition. If any existing roadway or other public or private property was affected, CONTRACTOR shall restore it to its former condition or the equivalent thereof. All such work shall be done to the satisfaction of the ENGINEER at the full expense of the CONTRACTOR. END OF DOCUMENT ---PAGE BREAK--- Addenda and Modifications 00 91 13 - 1 00 91 13 Addenda and Modifications PART 1 GENERAL 1.1 PROCEDURE A. For filing purposes, all Addenda and Modifications to the Contract Documents follow this page. END OF DOCUMENT ---PAGE BREAK--- GENERAL REQUIREMENTS ---PAGE BREAK--- DIVISION 01 – GENERAL REQUIREMENTS ---PAGE BREAK--- General Requirements 1 DIVISION 01 - GENERAL REQUIREMENTS 01 11 00 Summary of Work 2 01 31 13 Coordination 2 APPENDICES Pre-Demolition Asbestos Abatement and Hazardous Materials Removal Scope of Work ---PAGE BREAK--- General Requirements 1 01 11 00 Summary of Work PART 1 GENERAL 1.1 DESCRIPTION A. The work to be performed under this Project shall consist of furnishing all labor, materials, and equipment necessary to complete the work in all respects as shown on the plans and as herein specified. All work, materials and services not expressly shown or called for in good faith shall be performed, furnished, and installed by the CONTRACTOR as though originally specified or shown, at no cost to the OWNER. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The work described in this Construction Contract comprises, but is not limited to: The location of the work is: 3300 South between 1310 East and Highland Drive. There are nine properties listed below: • 1353 East 3300 South (Long Life Vegi-House) • 1357 East 3300 South (Plowgian Auto Repair) • 3216 South Highland Drive (Office Building) • 1310 Woodland Ave (Serve A Cup) • 1334, 1336, and 1338 East Woodland Avenue (Condos) • 1341 East 3205 South (Residence) • 1347 East 3205 South (Residence) • 1353 East 3205 South (Residence) • 1363 East 3205 South (Residence) B. The work to be performed consists of furnishing and installing the equipment, facilities, services and appurtenances thereto as included in the Contract Documents. Items of work are as follows: Proper removal and disposal of all identified hazardous materials from the properties to include asbestos-containing materials and universal hazardous wastes prior to demolition. Contractor shall refer to the hazardous materials survey report of the properties and the scope of work compiled by Terracon Consultants, Inc. for a complete listing of materials scheduled to be removed and guidance on proper removal and disposal. C. The above description is intended to give a general definition of the scope of the work under these specifications, and shall not be construed to be an itemized listing of each element of work required. The contractor shall be responsible for ---PAGE BREAK--- General Requirements 2 the complete facilities conforming in all respects to the details and requirements of the specifications, drawings, and other contract documents. 1.3 CONTRACT METHOD A. Perform the Work under a single unit price contract. 1.4 WORK SEQUENCE A. The progress schedule shall be submitted and approved by the engineer before work begins. B. Liquidated Damages: Article 00500-2.05. 1.5 CONTRACTOR USE OF PROJECT SITE A. The CONTRACTOR’S use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. B. The CONRACTOR shall obtain and pay for use of additional storage or work areas needed for operations under this Construction Contract. C. The major portion of the project will occur adjacent to public roadways. The CONRACTOR shall be responsible to provide appropriate traffic and pedestrian control measures as required by these specifications and all other local laws and ordinances. D. The major portion of the project will occur on private property. Millcreek has obtained or is in the process of obtaining right-of-entry agreements from each property owner giving the CONRACTOR permission to perform work on the affected properties. All work performed shall not encroach onto the owner’s property more than 5 feet. Any property damage and/or claims by property owners will be the responsibility of the contractor to rectify. 1.6 PROJECT SECURITY A. The CONTRACTOR shall make adequate provisions, subject to the approval of the OWNER, to protect the Project and CONTRACTOR’S facilities from fire, theft, and vandalism, and the public from unnecessary exposure to injury. 1.7 CHANGES IN WORK A. It is mutually understood that it is inherent in the nature of construction that some changes in the plans and specifications may be necessary during the course of construction to adjust them to field conditions, and that it is of the essence of the Contract to recognize a normal and expected margin of change. The ENGINEER shall have the right to make such changes, from time to time in the plans, in the character of the work, and in the scope of the project as may be ---PAGE BREAK--- General Requirements 3 necessary or desirable to ensure the completion of the work in the most satisfactory manner without invalidating the Contract. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF DOCUMENT ---PAGE BREAK--- Modifications to Coordination 01 31 13-1 01 31 13 Modification to Coordination This specification changes a portion of the APWA Standard Specification Section 01 31 13. All other provisions of the Section remain in full force and effect. Add the following: 1.2 COORDINATING WITH THE ENGINEER A. The Millcreek Commons Hazardous Materials Abatement Project will occur within Millcreek street right-of-way and Millcreek obtained properties. Modify/add the following: 1.3 COORDINATING WITH PUBLIC AND PRIVATE AGENCIES A. Contractor shall coordinate with the Utah Division of Air Quality (UTDAQ) to coordinate asbestos removal notifications necessary for this work. B. Contractor shall coordinate with UTDAQ as to whether the properties included in the project can be combined under one asbestos notification or if separate notifications are necessary. Add the following section: 1.8 COORDINATION OF PROJECT SCHEDULES A. The minimization of disturbances to adjacent property owners during construction is of the highest importance on this project. CONTRACTOR shall coordinate construction of the various reaches of the project so as to minimize impact to adjacent property owners. END OF SECTION ---PAGE BREAK--- APPENDICES ---PAGE BREAK--- Pre-Demolition Asbestos Abatement and Hazardous Materials Removal Scope of Work Millcreek Park Right-of-Way Project 3300 South between 1341 East and Highland Millcreek, Utah June 2, 2020 . Prepared for: Millcreek City 3300 Sotuh 1300 East Millcreek, Utah 84106 Prepared by: Terracon Consultants, Inc. Midvale, Utah ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 2 PRE-DEMOLITION ASBESTOS ABATEMENT AND HAZARDOUS MATERIALS REMOVAL SCOPE OF WORK TABLE OF CONTENTS INTRODUCTION 4 ASBESTOS REMOVAL SPECIFICATIONS 6 PART 1 — ASBESTOS ABATEMENT – GENERAL 6 1.01 SCOPE OF WORK 6 1.02 SCOPE OF WORK 6 1.03 APPLICABLE PUBLICATIONS 11 1.04 DEFINITIONS 12 1.05 ADDITIONAL ASBESTOS MATERIALS 14 1.06 ADDITIONAL SAFETY AND HEALTH CONSIDERATIONS 14 1.07 AUTHORITY TO STOP WORK 14 1.08 QUALIFICATIONS 14 1.09 AVAILABILITY OF TRAINED PERSONNEL 15 1.10 PRE-CONSTRUCTION 15 1.11 PRE-ABATEMENT SUBMITTALS 15 1.12 STANDARD OPERATING PROCEDURES 16 1.13 NOTIFICATIONS, PERMITS, WARNING SIGNS, LABELS AND POSTERS 17 1.14 EMERGENCY PRECAUTIONS 18 1.15 RESPIRATORY PROTECTION SYSTEMS 18 1.16 PROTECTIVE CLOTHING 19 1.17 DECONTAMINATION AND WASTE TRANSFER FACILITIES 20 1.18 EMISSION CONTROLS 21 1.19 PERSONNEL PROTECTION AND DECONTAMINATION 22 1.20 DISPOSAL ACTIVITIES 22 PART 2 — ASBESTOS ABATEMENT – PRODUCTS 23 2.01 TOOLS AND EQUIPMENT 23 PART 3 — ASBESTOS ABATEMENT – EXECUTION 24 3.01 ASBESTOS ABATEMENT PREPARATIONS 24 3.02 UTILITIES 25 3.03 ASBESTOS REMOVAL 26 3.04 SUBMITTALS DURING & AFTER ABATEMENT 27 3.05 MONITORING, TESTING & INSPECTION 27 3.06 CLEANING AND FINAL DECONTAMINATION 28 ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 3 3.07 FINAL INSPECTION AND TESTING 29 3.08 RESPONSIBILITY FOR DAMAGES 29 PART 4 — HAZARDOUS MATERIALS 30 4.01 ASBESTOS MATERIALS LOCATION DRAWINGS 34 ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 4 INTRODUCTION Millcreek City presently has a Park project underway and is presently aquiring a Right-of-Way for this project. The park project involves the demolition of the following nine structures: ◼ 1353 East 3300 South (Long Life Vegi-House) ◼ 1357 East 3300 South (Plowgian Auto Repair) ◼ 3216 South Highland Drive (Office Building) ◼ 1310 Woodland Ave (Serve A Cup) ◼ 1334 East Woodland Avenue (Condos) ◼ 1341 East 3205 South (Residence) ◼ 1347 East 3205 South (Residence) ◼ 1355 East 3205 South (Residence) ◼ 1363 East 3205 South (Residence) Each structure is to have all identified asbestos-contianing materials both friable and non-friable and both greater than one percent or removed from the property and properly disposed. All universal hazardous wastes also need to be removed from the properties and properly dispoed as per the Salt Lake County/Valley Health Deprtment All properties are located within Millcreek City in the area between 3205 South and 3300 South and 1341 East to Highland Drive. Low levels of lead were identified in ceramic tiles, doors, door frames, painted walls, and painted concrete structural components. According to the Utah Division of Air Quality, if there is measurable lead in coated surfaces within a building, as long as the express purpose of future renovation work is not to “remove or abate lead,” the renovation work need not be treated as a lead abatement project. However, the OSHA regulation states that coatings having any measurable level of lead may pose a substantial exposure hazard during renovation or demolition work, depending upon the work performed. Contractors and sub-contractors involved in future renovation or demolition work in the building should be informed of the presence of low levels of lead in coated surfaces and be required to follow applicable OSHA regulations. The OSHA Lead in Construction Standard (29 CFR 1926.62) must be followed for work involving coated surfaces with any measurable concentration of lead. The standard requires, among other things, the following: ◼ Initial worker training on the hazards of lead exposure, proper work practices, respiratory protection, and other topics; ◼ An initial exposure assessment, by air monitoring; ◼ Hand-washing facilities, designated clean change areas, and designated eating areas. The Lead in Construction Standard specifies that employers are responsible for ensuring that their employees are not exposed to airborne lead concentrations exceeding the OSHA permissible exposure limit (PEL) of fifty micrograms per cubic meter or air (50 µg/m3) averaged over an 8-hour period, and to take appropriate precautions when exposures reach an Action Level of 30 µg/m3 averaged over an 8-hour period. The standard was written to require initial exposure monitoring or the use of historical or objective data to ensure that employee exposures do not exceed the Action Level. Depending on the specific construction activities being performed manual demolition, sanding, grinding, welding, cutting), employers must assume their employees are overexposed to lead and must provide personal protective ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 5 equipment – including respiratory protection – until an exposure assessment proves otherwise.1 The presence of lead in demolition debris from non-residential buildings has the potential to impose limitations on where and how the debris may be disposed. The Resource Conservation and Recovery Act (RCRA) requires each waste generator to determine if his wastes are hazardous. This can be determined either through generator knowledge or by testing. Toxicity Characteristic Leaching Procedure (TCLP) testing is the preferred method for determining if wastes are hazardous. The demolition wastes, if any, from this project should undergo TCLP testing prior to disposal to determine if they are hazardous if generator knowledge is insufficient to determine this or if the accepting landfill requires it. These hazardous materials removal specifications are to be used for bidding purposes and are to be followed throughout the course of demolition. Contractors will be given a complete copy of these hazardous materials removal specifications and any applicable Construction documents electronically. 1 See 29 CFR 1926(d) Protection of employees during assessment of exposure. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 6 ASBESTOS REMOVAL SPECIFICATIONS PART 1 — ASBESTOS ABATEMENT – GENERAL 1.01 SCOPE OF WORK A. These hazardous materials removal specifications are to be used for bidding purposes and are to be followed throughout the course of demolition. Contractors bidding on this project will be provided a complete copy of these hazardous materials removal specifications and any applicable Construction Documents electronically. B. The specific materials that are to be removed are identified on the following pages. C. Note that all quantities and sizes discussed herein are only approximations and are NOT intended to be considered exact for bid purposes. It is the responsibility of all Bidders to determine the exact quantities and sizes of materials involved and the associated removal costs by inspecting the work site. D. The Contractor must provide a copy of a detailed work plan at least five working days before any work will be allowed to start. The work must be coordinated with and approved by Owner. Deviations from the work plan must be approved by the project Industrial Hygiene Consultant (IHC) and/or Owner prior to the proposed change. E. The Contractor shall provide sufficient numbers of trained and certified personnel to complete the project in an efficient and timely manner. The Contractor must maintain consistent supervision of his work force for the duration of the project. The Owner must approve any changes in the Abatement Contractor's on-site supervisory staff. F. Storage of equipment, supplies, waste containers, and vehicles outside the building must be approved by Owner. G. Upon completion of the asbestos abatement work, a Substantial Completion walk-through will be held. At this time, the Contractor will be given a punch list of items that may need to be corrected before the project can be declared complete. H. Contractor shall provide unit costs for the removal of asbestos-containing materials (ACMs) that may be encountered outside the Scope of Work for this project. A unit cost form will be included in the bid package from Millcreek City. 1.02 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, facilities, equipment, services, employee training and testing, permits and agreements required to safely remove asbestos in the areas identified under Paragraph B of this Section. The Contractor shall provide sufficient labor to ensure that all work is completed in a timely manner. Work shall be performed in accordance with these specifications, applicable EPA, Utah Division of Environmental Quality (DEQ) OSHA, NIOSH, and Utah OSHA (UOSH) regulations, and any other applicable State or local regulations. Whenever there is a conflict or overlap, the most stringent regulation applies. B. ASBESTOS PORTION OF BASE BID: Removal of the following asbestos-containing materials from the nine structures and associated equipment/structures from the strutures: ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 7 Long Life Veggie House Homogeneous Area Number Material Location Asbestos Content Quantity LLVH-6 Plaster wall with black coating Exterior walls of dining room 0.25% by point count 800 SF LLVH-7 White gypsum board wall system Walls in kitchen and staff rooms 2% 3,500 SF LLVH-9 Exterior transite siding Northeast, east, and southeast exterior siding 6% 1,000 SF LLVH-12 Light fixture electrical wiring Men’s and women’s restrooms and hallway 70% 3 ea. LLVH-17 White vibration isolator Roof HVAC exhaust fans 85% 2 units LLVH-18 Gray/black roof penetration sealant Penetrations on roof 8% 65 SF LLHV-20 Window glazing West exterior windows Assumed 6 units Serve-A-Cup Homogeneous Area Number Material Location Asbestos Content Quantity SAC-1 White/brown plaster Front office area 0.25% by point count 1,080 SF SAC-3 White ceiling/wall texturing Front office area 0.5% by point count 1,761 SF SAC-4 White popcorn texture ceiling material Underneath 4-foot fluorescent light fixtures 2% 32 SF SAC-8 White HVAC duct tape On HVAC ducting 65% 100 LF SAC-11 White window caulking Exterior Windows 2% 30 LF SAC-18 Silver sink undercoating Kitchen 2% 1 ea. SAC-17 Brown asphalt roofing shingle with tar paper Pitched roof over house 50% 1,100 SF SAC-18 Black roof tar Roof 6% 8 SF ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 8 Condos Homogeneous Area Number Material Location Asbestos Content Quantity Con-1 White gypsum board wall system Throughout 2% 58,410 SF Con-14, Con-15, Con-16, Con-17, Con-19, and Con-20 9” x 9” tan floor tile only Floors of basement units 3 to 7% 5,460 SF Office Building Homogeneous Area Number Material Location Asbestos Content Quantity No asbestos-containing materials identified 0 SF Plowgain Auto Mechanic Homogeneous Area Number Material Location Asbestos Content Quantity PAM-15 Black flashing with white specs NW corner of detached garage roof 10% 30 SF 1353 East 3205 South Homogeneous Area Number Material Location Asbestos Content Quantity 1355-1 White gypsum board wall system Throughout 2% (joint compound) 2,000 SF 1355-5 White HVAC Duct Tape On HVAC ducting 65% 13 LF 1355-7 White window glazing Exterior windows 4 windows 1355-11 Black roof tar Roof penetrations 7% 5 SF 1347 East 3205 South Homogeneous Area Number Material Location Asbestos Content Quantity 1347-2 1347-3 9” x 9” Brown and/or pink floor tile Den 6-7% (tile only) 225 SF 1347-12 Black roof tar Roof Assumed 5 SF ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 9 1363 East 3205 South Homogeneous Area Number Material Location Asbestos Content Quantity 1363-10 Tan 9”x9” floor tile with red and white splotches Basement furnace room and stairs 2% (tile only) 150 SF 1341 East 3205 South Homogeneous Area Number Material Location Asbestos Content Quantity 1341-5 White HVAC Duct Tape On HVAC ducting 45% 13 LF OTHER CONDITIONS 1. The successful bidder for this project will be required to maintain insurance in force throughout the entire period of the contract from an insurance company authorized to do business in the State of Utah. Successful bidder must have their firm’s surety company provide the types of insurance and mandatory coverages as stated in the Millcreek City Project Manual. In brief, contractor shall obtain and maintain during the term of this Contract the following: Comprehensive General and Automobile Liability Insurance, including completed operations, blanket contractual and broad form property damage coverage, with the following minimum limits: Personal Injury Liability $2,000,000 each occurrence Property Damage Liability $1,000,000 each occurrence; $2,000,000 aggregate Worker’s Compensation as required by Utah statute Contractor’s Commercial General Liability insurance will not have an asbestos exclusion clause and will meet the following requirements: a) Commercial General Policy with limits of not less than Two Million Dollars ($2,000,000.00) in the aggregate. b) Contractor’s insurer will add Millcreek City as the Additional Insured on this policy. 2. Areas undergoing abatement shall be appropriately demarcated and critical barriers erected to disallow access into the contained areas. This will require design coordination with the Industrial Hygiene Consultant (IHC) and the Owner to successfully isolate affected areas where these measures are necessary. 3. Properties will have been vacated and are mostly empty, removal of any remaining furniture or furnishings to access materials requiring removal is included in Abatement Contractor’s Scope of Work. Any removed furniture or furnishings may be left within the properties. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 10 4. All dimensions, quantities, or areas provided in the Scope of Work are approximate and are only included to assist Contractor in determining the amount of ACM designated for removal. Contractor is responsible for accurately determining the amount of ACM included in the Scope of Work. 5. Contractor may leave all demolition waste (other than asbestos-containing materials) related to his activities within the properties behind for demolition. Contractor shall not use any of Owner’s, orthe contractors, or neighboring businesses waste bins or dumpsters. 6. Contractor shall maintain general security of those portions of the building that will be affected by the abatement. In the event that hard barriers will need to be erected for exhausting negative air outside the building, Contractor shall adequately secure such barriers to prevent unauthorized access to the facility. Contractor to obtain approval from Millcreek City and Terracon regarding method and materials for securing building. It is anticipated that building may sit vacant after abatement prior to demolition. 7. Contractor shall provide a waste shipment record, certificate of weight and measure, or other certification satisfactory to the Industrial Hygiene Consultant (listing gross, tare and net weight for each load) of the total weight of asbestos-containing waste material disposed of for this project. Contractor shall also provide a summary, on Contractor’s company letterhead, that lists each shipment record used for the project by document number and weight (in pounds) specific to that shipment record. Contractor shall provide this information in writing to the IHC upon completion of the project. No payment shall be made for this project until Contractor provides this information. 8. Contractor shall provide an English-speaking interpreter at any time that non-English speaking workers are present on the site. 9. Contractor shall provide a minimum of four workable electrical receptacles (or plugs) for clearance sampling. 10. Contractor shall restrict access to the controlled area to employees of the Contractor, the IHC, or other persons authorized by the Owner. The method used shall not impede emergency egress. 11. Contractor shall take steps necessary to safeguard existing items that are scheduled to remain, which may include piping systems, boiler componentry, and equipment, such as fire and burglar sensors, mechanical equipment, light fixtures, fire sprinklers, etc. 12. All poly sheeting used by Contractor in the construction of containments or barriers shall be 6-mil re-enforced fire-retardant type. Each containment shall contain a minimum of one clear acrylic plastic window, no smaller than two square feet, located such to allow good visibility into the containment, on each floor of the containment. 13. Contractor shall securely install plywood of sufficient thickness over all floor openings and/or securely install sufficient guardrail systems around opening in floors or where existing guardrails have been removed to protect against exposed fall hazards created during removal and demolition. 14. Smoking will only be allowed in designated off-site areas. These areas will be defined at the Pre-Abatement meeting. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 11 15. Where applicable regulations are more stringent than specifications contained herein, the most stringent regulations apply. It is the Contractor's responsibility to determine if city, county, regional, State or other regulations apply and to perform work in accordance with these regulations. Contractor shall perform all work under this contract in strict compliance with all Federal (OSHA, EPA, etc.), State and local regulations. 16. Contractor shall encapsulate all abated surfaces after the conclusion of Contractor's abatement activities. All abatement encapsulants shall be approved, prior to use, by the Owner (some encapsulants, due to color or content, may not be suitable for use in this facility). At the Pre-construction (Pre-Abatement) Conference, Contractor shall supply the IHC with Safety Data Sheets (SDSs) and other information necessary to determine compatibility with current and future needs of the Owner. 17. Contractor shall provide a detailed written work plan to the appropriate notification agencies and to the IHC at least 5 days prior to the beginning of the project. The work plan provided to the IHC shall show planned locations for decontamination units. 18. All lighting and electrical equipment, including extension cords, shall be GFCI-protected and shall be approved for use in wet environments. Extension cords shall be suspended off the floor of the work area. Contractor shall not use existing electrical receptacles from any room contained in the work area. 19. Removed ACM shall be cleaned up and bagged on a continual basis. At the end of the work shift each day, no loose ACM shall be left unbagged. All waste from this project shall be disposed of at an in-state disposal facility. If a dumpster is brought on site and used, it must be covered and lockable. 1.03 APPLICABLE PUBLICATIONS The publications listed below form a part of this specification to the extent referenced. The publications are referenced in text by basic designation only. A. Environmental Protection Agency (EPA): Asbestos-containing Materials in Schools; Final Rule and Notice (Code of Federal Regulations Title 40, Part 763) (the “AHERA” regulations). B. Environmental Protection Agency (EPA): Model Accreditation Plan; Rule (Code of Federal Regulations Title 40, Part 763). C. Environmental Protection Agency (EPA): Regulations for Asbestos (Code of Federal Regulations Title 40, Part 61) (the “NESHAP” regulations). D. U.S. Department of Labor Occupational Safety and Health Regulations: 29 CFR 1926; Construction Industry Standards 29 CFR 1926.1101; Asbestos 29 CFR 1910; General Industry Standards E. U.S. Department of Transportation Regulations; Title 49 CFR Part 173. F. Utah Air Conservation Rules R307-1-15: Asbestos Certification, Asbestos Work Practices, revised June 1, 2016. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 12 G. Utah Administrative Code (UAC) R307-801. Utah Asbestos Rule. H. Utah Administrative Code (UAC) Occupational Safety and Health Regulations, with special attention to the following: UAC R574-100 Series (General Industry Standards) UAC R574-104 Sect. 1910.1001 (Asbestos General Industry Standard) UAC R574-104 Sect. 1910.134 (Respiratory Protection Standard) UAC R574-200 Series (Construction Safety Standards) UAC R574-200 Sect. 1926.1101 (Asbestos Construction Standard) I. National Institute for Occupational Safety and Health (NIOSH): "Respiratory Protection . . . A Guide for the Employee." J. American National Standards Institute/Compressed Gas Association: ANSI/CGA G-7.1-1989, Commodity Specification for Air. K. National Electrical Code, National Fire Protection Association, NFPA 70. L. Standard for Electrical Safety Requirements for Employee Work Places, NFPA 70E. M. National Plumbing Code, American National Standards Institute, ANSI A40.8. N. Safeguarding Construction, Alteration and Demolition Operations, NFPA 241. O. Salt Lake City-County Health Department Health Regulation P. Any other ordinance or code having jurisdiction over this work. 1.04 DEFINITIONS A. Contractor: The asbestos removal contractor or any subcontractor hired under this contract. B. Airlock: A system for allowing access to an area with minimum air movement through the system. The airlock consists of two curtained doorways separated by a distance of at least 3 feet so personnel pass through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through of contaminated air. C. Air Monitoring: The process of measuring the asbestos fiber count of a volume of air using NIOSH Analytical Method 7400, the AHERA Transmission Electron Microscopy (TEM) method, The OSHA Reference Method (ORM), or other methods approved by the Industrial Hygiene Consultant (IHC). Flow rate and sample volume shall be in accordance with the method chosen. All air samples shall be analyzed by a laboratory accredited by the American Industrial Hygiene Association (AIHA) for the analysis of airborne asbestos. D. Air Monitoring Technician: A person qualified by training or experience to collect air samples for asbestos determination. The individual must be familiar with sampling techniques, sampling equipment, calibration techniques and work practices useful for controlling air contamination. E. Amended Water: Water to which a surfactant has been added. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 13 F. Asbestos-containing Waste (including asbestos-contaminated materials): Materials containing more than 1% asbestos or contaminated with asbestos to such a degree that the handling of the materials may reasonably be expected to produce airborne asbestos fibers. G. Authorized Visitors: Any visitor authorized by the Abatement Coordinator, the Contractor, or the IHC or any representative of a regulatory agency or other agency having jurisdiction over this project. H. Clean Room: An uncontaminated room which is part of the worker decontamination enclosure system and adjoins uncontaminated areas of the building, with provisions for storage of workers' street clothes and clean protective equipment. I. Contaminated Area: The work area or any other area of the building with either an airborne asbestos level equal to or above 0.010 fibers/cc as measured by PCM or visible unconfined deposits of ACM. J. Differential Pressure: A minimum pressure differential of minus 0.02 inches of water column relative to areas adjacent to the work area. Equipment used to maintain this pressure shall be HEPA filtered and shall permit discharge of no more than 0.010 fibers/cc in the exhaust stream. K. Disposal Site: Asbestos area of a landfill that is approved for asbestos waste. L. General Contractor: The Owner’s designated general contractor performing work outside of this contract. The work performed by the general contractor is related to the work being performed by the Contractor. M. HEPA Filter: A High Efficiency Particulate Air filter capable of trapping and retaining 99.97% of particles with aerodynamic equivalent diameters greater than or equivalent to 0.3 micrometers. N. HEPA Vacuum Unit: Vacuuming equipment equipped with a HEPA filter in the exhaust outlet, and so designed and maintained that 99.97% of all asbestos fibers (greater than or equal to 0.3 micrometers diameter) in the inlet air are collected and retained. In no case shall HEPA vacuum equipment discharge air containing more than 0.010 fibers/cc. O. Pressure Differential Recording Device: An automatic recording instrument that will monitor the pressure differential between the contained asbestos abatement work area and the adjoining areas. The instrument shall continuously generate a permanent record. P. Industrial Hygiene Consultant (IHC): An individual under contract with the Owner who is certified in the comprehensive practice or a specialty aspect of industrial hygiene by the American Board of Industrial Hygiene or who is otherwise qualified, by virtue of experience, in managing asbestos abatement work. Q. Wet Cleaning: The process of eliminating asbestos contamination from building surfaces by using cloths or mops or other cleaning tools that have been dampened with clean water. R. All terms not defined here shall have the meaning given in the applicable publications and regulations. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 14 1.05 ADDITIONAL ASBESTOS MATERIALS The Contractor shall always be mindful of the possible presence of asbestos (in addition to the asbestos materials to be abated under this contract) and shall perform this project being constantly aware of this possibility. If the Contractor discovers suspect asbestos, other than asbestos materials to be abated under this contract, Contractor shall take such action as reasonably necessary and feasible to provide an interim safe and secure environment for its employees and third parties until the determination can be made of how next to proceed. Insofar as possible under applicable laws, rules, regulations, and requirements, Contractor shall keep confidential all information obtained respecting asbestos relative to this project, howsoever obtained, unless disclosure is otherwise required by safety considerations of any person. 1.06 ADDITIONAL SAFETY AND HEALTH CONSIDERATIONS Asbestos abatement is, by its very nature, a hazardous activity. In addition to potential exposure to asbestos fibers, there are other safety and health hazards that are often present on the work site. The Contractor shall comply with all applicable UOSH Safety and Health Standards at all times. The Contractor shall be, and remain at all times, solely responsible for the safety of its employees and all others in the performance of the work and shall take all precautions necessary to ensure such safety. 1.07 AUTHORITY TO STOP WORK The Owner and/or the IHC have authority to stop work at any time it is determined that abatement is not being performed according to these specifications or applicable regulations. The stoppage of work shall continue until corrective steps have been taken to the satisfaction of the Owner/IHC. Standby time required to resolve violations shall be at the Contractor’s expense. 1.08 QUALIFICATIONS Asbestos abatement contractors who wish to submit a bid for this project must be approved by the IHC and the Owner prior to the Owner’s authorization to proceed. Approval is required of all proposed contractors and subcontractors and will be based on the submission of the following with the bid package: A. CERTIFICATIONS: The selected Contractor performing work under this contract must be certified as an asbestos project operator by the State of Utah Department of Environmental Quality as described in Section R307-801 of the Utah Administrative Code. Asbestos workers must have received the training described in the Regulations and possess a valid and current certification card issued by the State. Certification requirements for asbestos operators and workers may be obtained by contacting the State of Utah Department of Environmental Quality, Division of Air Quality. B. ACCREDITATION: Supervisors performing work under this contract must be accredited as Asbestos Abatement Contractors and Supervisors in accordance with the EPA Model Accreditation Plan, 40 CFR Part 763. At least one accredited supervisor shall be on site at all times while work is in progress. Asbestos workers must be accredited as Asbestos Abatement Workers in accordance with the EPA Model Accreditation Plan, 40 CFR Part 763. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 15 1.09 AVAILABILITY OF TRAINED PERSONNEL There shall be a sufficient number of trained and qualified workers, foremen, and supervisors to accomplish abatement within the required schedule. Since general work cannot start before the successful removal of all ACM and final decontamination, it is imperative that a sufficient number of trained personnel be engaged throughout the abatement process. No uncertified persons, or persons not fully qualified, shall be employed in an effort to speed up completion of the abatement work. All personnel shall be pre-approved by the Owner and IHC. 1.10 PRE-CONSTRUCTION MEETING Before beginning actual removal activities, a Pre-construction Meeting will be held between the IHC and the Contractor. The Contractor's Project Manager and the job-site Foreman must attend this meeting. At this meeting, the IHC and the Contractor shall systematically review every section of these Technical Specifications. The Contractor shall present a written work plan (submitted to State of Utah DAQ with notification) and present a general overview of the design covering: A. Abatement plans shall include drawings of the decontamination facilities and their location; work area isolation plan with layout of engineering controls HEPA filters, etc.); security program; emergency plans; routing plan for removal of contaminated material from the building; and a listing of all tools, equipment and supplies proposed for use in the abatement process. In order to expedite approval of these documents, Contractor is encouraged to confer with the IHC during their preparation. 1.11 PRE-ABATEMENT SUBMITTALS The Contractor shall furnish the following to the IHC at least five working days before abatement preparations are to commence: A. Layout of project execution showing the abatement work in stages and the configuration of the work space. B. Plans for engineering systems for controlling exposure and emissions, showing the number, location, and capacity of supply and exhaust systems, the expected directions of air flow, and maximum and minimum pressures in each room. C. Plans for isolation enclosures, including location and construction methods. D. Detailed plans for decontamination facilities, toilets, and systems allowing inter-room communication and communication between the work area and the outside. E. Security system, warning signs, and labels for bags and drums. F. Standard Operating Procedures (Section 1.12) describing how workmen, visitors, and employees will be protected from exposure and how spaces outside the work areas will be protected from contamination until completion of abatement. G. Respiratory system plan, including a written respiratory protection program, sample respirators, hoses, and certificate from the manufacturer with system literature for the air supply system stating that air supply system meets this specification on quality, quantity and escape time. H. Fire and emergency evacuation plan. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 16 I. Manufacturer's specifications for wetting agents and low-pressure wetting system. J. Manufacturer's specifications for plastic sheeting to be used for the sealing of walls, floors, and openings and sealing tapes. K. Manufacturer's specifications for disposable protective clothing. L. Certification of medical examinations, including physician's approval to wear respiratory protection, covering each employee performing work on this project. M. Proof of existence of records that the Contractor is complying with UOSH medical surveillance requirements. N. Certification of completion of worker training for each employee performing work on this project and a photocopy of each worker's State of Utah Worker Certification Card. O. Description of scaffold erection procedures and the name of the designated "Competent Person" responsible for the scaffold erection. P. A copy of the Contractor's Safety Program. 1.12 STANDARD OPERATING PROCEDURES The Contractor shall develop and implement a standard operating procedure to ensure maximum protection of workers, facility employees, visitors, and the environment from asbestos exposure. Operating procedures shall be based on applicable sections of the standards listed in Section 1.03. The procedure shall ensure that: A. Security is provided on a 24-hour basis to prevent unauthorized entry into the workspace. B. Proper protective clothing and respiratory protection are worn prior to entering the workspace from the outside. C. Asbestos is removed in a manner that minimizes the release of fibers. D. Packing, labeling, loading, transporting, and disposing of contaminated material is performed in a manner that minimizes exposure and contamination. E. Emergency evacuation for medical or safety (fire and smoke) reasons is performed in a manner so that exposure will be minimized. F. Accidents in the workspace, especially from electrical shocks, slippery surfaces, and entanglements in loose hoses and equipment, are minimized. G. Provisions for effective supervision, air monitoring, and personnel monitoring for exposure during the work are implemented. H. Engineering systems minimizing exposure to fibers in the workspace are used. I. Safe work practices in the workplace, including provisions for inter-room communications, and the exclusion of eating, drinking, smoking, or any activities that would compromise the integrity of the respiratory protection. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 17 J. Scaffolding and fall-protection systems are effective, state of the art, and in compliance with all applicable regulations. K. The Contractor shall devise a plan to ensure all of its employees have either received the training or are otherwise completely informed of the potential safety and health hazards that may be encountered. 1.13 NOTIFICATIONS, PERMITS, WARNING SIGNS, LABELS AND POSTERS The Contractor shall: A. Provide required notification to the Utah Department of Environmental Quality, Division of Air Quality, at least ten (10) working days prior to asbestos abatement. Secure all required permits, including a permit to dispose of asbestos at an approved site. B. Erect UOSH-required warning signs around the workspace and at every point of potential entry to the workspace. The warning signs shall be a bright color, so they can be easily seen. The size of the lettering shall be large enough to be read easily. The warning signs shall bear the following information: DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA C. Place UOSH-required labels on all plastic bags and all drums used to transport contaminated material to the approved disposal site. The warning labels shall contain the following information: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD D. The waste containers must also be labeled with the waste generator's name and the address of the location at which the waste was generated, as required by EPA 40 CFR Part 61.150, and placarded according to DOT 49 CFR Part 173. E. Provide other signs, labels, warnings, and posted instructions that are required and necessary to protect, inform, and warn of the hazard of asbestos exposure. F. The latest applicable UOSH and Utah DEQ regulations shall be posted on the job site in a prominent and convenient place for workers to read. G. EPA required warning signs shall be posted on waste transport vehicles during all waste loading and unloading operations. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 18 1.14 EMERGENCY PRECAUTIONS A. The Contractor shall establish, and mark emergency and fire exits from the work area. The exterior of all emergency exits shall be equipped with two full sets of protective clothing and respirators at all times. B. At least two multi-purpose dry chemical fire extinguishers 2-A: 10BC, 5 lb.) shall be placed within the containment in well-marked, readily accessible locations. The fire extinguishers shall have current inspection cards, i.e., have been inspected/serviced within the previous 12 months. C. Local medical emergency personnel, fire departments, ambulance crews and hospital emergency room staff shall be notified prior to commencement of abatement operations about the possibility of having to handle contaminated or injured workmen, and they shall be advised regarding appropriate decontamination procedures. Before the Contractor starts actual removal of the asbestos material, the local police and fire departments shall be notified about the danger of entering the work area and they shall be invited to attend an informal training session, to be conducted by the Contractor, which will provide information regarding abatement activities, decontamination practices, etc. The Contractor shall make every effort to assist these agencies form plans of action should their personnel need to enter the contaminated area. D. The Contractor shall be prepared to administer first aid to injured personnel. Seriously injured personnel shall be treated immediately or evacuated without delay for decontamination. When an injury occurs, the Contractor shall stop work and implement fiber reduction techniques (i.e. water spraying) until the injured person has been removed from the work area. 1.15 RESPIRATORY PROTECTION SYSTEMS The Contractor shall be responsible for the following: A. Provide all workers, foremen, superintendents, authorized visitors, and inspectors with personally issued and marked respiratory equipment, approved by NIOSH, that is deemed proper and reasonable for the type of work being performed with the anticipated exposure levels. When respirators with disposable filters are employed, sufficient filters for replacement as necessary by the worker shall be provided. The respirators selected for use must provide a protection factor for the contaminant level expected. Table I will be used in the selection of respirators. Respirators shall be provided to authorized building employees entering the contaminated workplace while the removal is in process. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 19 TABLE I. Asbestos Concentration Minimum Acceptable Respirator* 1. Up to 1 fiber/cc Half-mask air purifying respirator with cartridges approved for asbestos. 2. Up to 5 fibers/cc Powered air-purifying respirator (half- or full-face piece). 3. Over 5 fibers/cc Full-face piece, Type supplied air respirator, operated in the pressure- demand mode. * Greater respiratory protection is always acceptable regardless of asbestos concentrations. B. When Type respirators are employed, the air supply system shall provide Grade breathing air in accordance with UAC R574-104 Sect. 1910.134 and ANSI/CGA G-7.1-1989, Commodity Specification for Air. C. The compressed air system for Type respirators shall be high pressure, with a compressor capacity to satisfy the respirator manufacturer's recommendations. The receiver shall have sufficient capacity to allow a 15-minute escape time for the respirator wearers in the event of compressor failure or malfunction. The compressed air system shall have a compressor failure alarm, high temperature alarm, carbon monoxide alarm, and suitable inline air purifying sorbent beds and filters to assure Grade breathing air. D. Provide a minimum of two spare hoses to be available at any time to authorized visitors and inspectors to connect to their assigned Type respirator without having to wait for the removal of workers from the working area to obtain a connection. E. Type respirators shall be worn with a belt to minimize the possibility of dislodging the facemask in the event of the hose becoming snagged in the work area. 1.16 PROTECTIVE CLOTHING The Contractor shall: A. Provide to all workers, foremen, superintendents and authorized visitors and inspectors protective disposable clothing consisting of full-body coveralls, head covers, gloves, and 18- inch-high boot covers or reusable footwear. No street clothes other than undergarments shall be worn under the coveralls. B. Provide eye protection and hard hats as required by job conditions and safety regulations. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 20 C. Require that reusable footwear, hard hats, and eye protection devices be kept in the "contaminated equipment room" until the end of the asbestos abatement work at which time they shall be decontaminated or discarded as asbestos waste. D. Discard and dispose of all disposable protective clothing and gear as asbestos waste every time a wearer exits from the workspace to the outside through the decontamination facilities. 1.17 DECONTAMINATION AND WASTE TRANSFER FACILITIES A. When working with friable ACM, or non-friable ACM that is likely to become friable during the project, as determined by the IHC, the Contractor shall: 1. For each abatement area, provide decontamination facilities located in an area agreed upon with the IHC. The decontamination facilities shall include one decontamination enclosure system for personnel and one decontamination enclosure system for removing asbestos- containing waste materials. 2. The decontamination enclosure system for removing asbestos-containing waste materials shall consist of an airlock from the work area leading into the waste transfer room, and another airlock leading into the clean outside area, as shown in Figure 1. Figure 1. Triworker Bag Transfer Unit A B C A: Contaminated Work Area B: Waste Transfer Room C: Clean Area 3. All asbestos-containing waste materials inside the abatement area shall be placed in plastic waste bags for disposal. Bags of asbestos-containing waste materials shall be packed and sealed in plastic-lined drums or a second waste bag before being removed from the work site. 4. Waste removal shall be performed using a minimum of three workers in the following manner: one worker located inside the contaminated work area shall pass sealed bags of waste into the waste transfer room. There, they will be washed and placed directly inside a clean drum, or clean, unused bags being held by a second worker who is standing inside the clean area. The bags will be "goose-necked" and sealed in the clean area and then passed to a third worker located in the outside area, who transfers the container to a vehicle properly equipped for transporting the ACM to a disposal site. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 21 5. The decontamination enclosure system for personnel shall consist of three rooms as follows: clean room at the entrance followed by the shower room followed by an equipment room leading to the work area. 6. Provide lockers for storage of street clothes of workers in the clean room. Provide in the same room uncontaminated disposable protective clothing and equipment. This room shall be used by workers and visitors to change from street clothes into disposable protective clothing and gear prior to entering the contaminated area and to change back into street clothes after they have showered and dried in the shower room as they exit from the contaminated area. 7. Provide the equipment room with storage for contaminated clothing and equipment. In this room, workers and visitors dispose of their disposable protective clothing, except the respirator, as they prepare to enter the shower room. 8. Provide separate ventilation in entire decontamination system so that airflow will be from the outside toward the workspace. 9. Install showering facilities with hot and cold water so arranged as to provide complete showering of workers and visitors as they exit from the contaminated area. Make provisions to prevent any contaminated runoff from the shower room. The Contractor shall comply with any local code that requires water filtration prior to any effluent discharge. B. When working with non-friable ACM that is not likely to become friable during the project, as determined by the IHC, the Contractor shall: 1. For each abatement area, provide an airlock at each entrance and exit to the enclosure system. The placement of entrances and exits shall be agreed upon with the IHC. 2. All asbestos-containing waste materials (except those that qualify for handling and disposal as ordinary construction waste) inside the abatement area shall be placed in plastic waste bags for disposal. Bags of asbestos-containing waste materials shall be packed and sealed in plastic-lined drums or a second waste bag before being removed from the work site. 1.18 EMISSION CONTROLS There shall be no asbestos emissions from the work area. To this end, the Contractor shall: A. Provide supply air to, and exhaust air from, the work area to maintain a differential pressure of minus 0.02 inches of water relative to the outside of the containment, while also ensuring that there are at least four air changes per hour within the containment. The ventilation system shall operate on a 24-hour basis throughout the abatement process until the area passes final clearance testing, in accordance with Section 3.07 of this specification. The ventilation design shall be in accordance with EPA recommendations included in the "Guidance for Controlling Friable Asbestos-Containing Materials in Buildings," Appendix F. B. Provide an automatic recording instrument to monitor the pressure differential in a representative location. The instrument shall continuously generate a permanent record. C. In a multi-room abatement project, provide a sufficient number of supply and exhaust units to create a stream of air away from the breathing zone of workers in each room and in such a way so as not to damage or compromise the integrity of the containment barriers. D. All waste water generated within the work area shall either be drummed and disposed of as asbestos-containing waste or filtered through a 5-micron filtering system prior to discharge into a sanitary sewer. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 22 1.19 PERSONNEL PROTECTION AND DECONTAMINATION The Contractor shall provide all personnel with specified protective clothing and gear throughout the abatement process. The Contractor shall also ensure that all personnel entering and leaving the workspace adhere to the following procedures. A. When working with friable ACM, or non-friable ACM that is likely to become friable during the project, as determined by the IHC, the Contractor shall: 1. When entering from the outside: Change from street clothes into protective clothing and wear clean protective gear. Go through shower room into dirty equipment room, pick up equipment and tools, and enter the work area. 2. When exiting from the work area: Dispose of all protective clothing into labeled plastic bags for asbestos waste. Do not take off the respirator, but still wearing the respirator, enter the shower and wash off thoroughly. Remove respirator and wash and wipe thoroughly to decontaminate. Remove filter cartridges and dispose of as asbestos-containing waste. After drying, enter the clean room, store the decontaminated respirator in the assigned space, and put on street clothes. B. The Contractor shall post written emergency procedures in the workplace and train all personnel on the procedures for the evacuation of injured persons and the handling of fires. Aid shall be given to a seriously injured worker without delay for decontamination. Provisions shall be made to minimize exposure of rescue workers and to minimize spreading of contamination during evacuations and fire procedures. C. The Contractor shall instruct all employees and workers in the proper care of their personally issued respiratory equipment, including daily maintenance, sanitizing procedures, etc., as described in the Contractor’s written Respiratory Protection Program. D. The respiratory equipment shall be inspected by the Contractor’s project supervisory personnel at the beginning of each work period, including those following breaks and lunch, or other meals. 1.20 DISPOSAL ACTIVITIES A. It is the responsibility of the Contractor to determine current waste-handling, transportation, and disposal regulations for the work site and for each waste disposal site. The Contractor must comply fully with these regulations and all U.S. Department of Transportation and EPA regulations. B. If a dumpster is brought on site and used, it must be covered and lockable. Waste generated on this project shall be kept separate from waste generated on other projects that the Contractor may be engaged in and shall be disposed of immediately at the end of this project at an in-State approved asbestos disposal facility. C. All waste qualifying for disposal as ordinary construction waste shall be placed inside a poly- lined dumpster in unlabeled bags (if used to containerize the waste). When the dumpster is deemed ‘full’ and is ready for transport, the Contractor shall seal the contents of the dumpster within the poly ‘wrapper.’ ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 23 D. Contractor will document actual disposal of the waste at the designated site by completing a Disposal Certificate and obtaining a receipt at the disposal site. PART 2 — ASBESTOS ABATEMENT – PRODUCTS 2.01 TOOLS AND EQUIPMENT The Abatement Contractor shall provide the following: A. Asbestos Filtration Device: Asbestos filtration devices shall utilize High Efficiency Particulate Air (HEPA) filtration systems. B. Scaffolding: Provide all scaffolding, ladders and/or staging, etc., as necessary to accomplish the work specified. Scaffolding may be of suspension type or standing type such as metal tube and coupler, tubular welded frame, pole or outrigger type or cantilever type. The type, erection and use of all scaffolding shall comply with all applicable OSHA provisions. C. Transportation Equipment: Transportation equipment, as required, shall be suitable for loading, temporary storage, transmission, and unloading of contaminated waste without exposure to persons or property. D. Vacuum Equipment: All vacuum equipment utilized in the work area shall utilize HEPA filtration systems. E. Water Sprayer: The water sprayer shall be an airless or other low-pressure sprayer for amended water application. F. Polyethylene Sheeting: All polyethylene sheeting shall be classified by its manufacturer as being fire-resistant. As an additional fire protection procedure, fire blankets will be used as a first interior layer of all containments where plasma cutting operations are to be used. G. Encapsulant: Spray encapsulant shall be a penetrating-type encapsulant, shall meet the fireproofing requirements of ASTM E 119 and ASTM P-189, and shall meet the U.S. EPA Battelle standards for encapsulants. H. Leaf Blower and Fans: To be used for aggressive clearance sampling. One leaf blower, minimum one horsepower, and one 20-inch box fan for every 10,000 cubic feet of space within the contaminated area. I. Pressure Differential Recording Device: An automatic recording instrument to monitor the pressure differential between the contained asbestos abatement work area and the adjoining areas. The instrument shall continuously generate a permanent record. J. Other Tools and Equipment: The Contractor shall provide other suitable tools for the stripping, removal, and disposal activities, including, but not limited to, hand-held scrapers, wire brushes, sponges, round-edged shovels, brooms, and carts. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 24 PART 3 — ASBESTOS ABATEMENT – EXECUTION 3.01 ASBESTOS ABATEMENT PREPARATIONS A. The area(s) of asbestos removal shall be totally isolated from portions of the building not included in the work. Prior to any abatement work in an area, seal off the entire area to persons other than trained personnel and authorized visitors. Erect signs around the perimeter in accordance with EPA, UOSH, and these specifications. Provide 24-hour security against unauthorized entry during abatement. Maintain a log of all people entering and exiting the work space. B. Removal of any furnishings or other removable items shall be undertaken by the contractor at the commencement of or during the abatement work. C. With the assistance of the Owner and the IHC, the Contractor will deactivate, lock-out and seal all air-conditioning and building ventilation systems to the abatement area and disconnect electrical service as required. D. In all areas where friable ACM is to be disturbed, or where non-friable ACM is likely to become friable, as determined by the IHC, the work area shall be prepared as described below. E. The Contractor shall completely isolate the work area for the duration of asbestos removal. Rigid barriers are required to partition work areas from public access and actively occupied office and work spaces of the building. Such barriers in other areas may be requested at the discretion of the on-site IHC or building Owner's representative. F. Critical barriers shall be constructed between the work area and any clean area. This barrier shall consist of first closing any doors not being used for access during the abatement, and duct taping all seams, both sides. Two layers of 6-mil fire-retardant polyethylene sheeting shall then be applied over the entire door structure on the work area side, as well as two layers 6-mil on the clean side. Warning signs shall be displayed on the clean side of the door. The Contractor shall seal all windows, skylights, duct openings, fan coil units, radiators, electrical outlets and switches, non-movable cabinetry and equipment, etc., with a minimum of two layers of 6-mil fire-retardant polyethylene sheeting. The Contractor shall also pay particular attention to any pipe chases, utility access openings and common air plenums between work areas and adjacent floors, etc. Ensure that barriers are effectively sealed and taped. All penetrations must be sealed airtight. Once critical barriers are installed, the entire work area shall then be protected with polyethylene sheeting. G. Install sufficient Air Filtration Devices to provide a minimum of four air changes per hour and maintain a differential pressure of minus 0.02 inches of water relative to the outside of the containment, per Section 1.18. H. Floor covering shall consist of a base layer of fire blanket wherever plasma torch cutting operations are to take place followed by of two layers of 6-mil fire-retardant polyethylene sheeting shall be used. Floor sheeting shall be extended up sidewalls at least 12 to 24 inches. Sheeting shall be sized so as to minimize the number of seams necessary. No seams shall be located at the joints between walls and floors. Use of fire blanket material may also be necessary if the use of torch cutting tools is anticipated during the asbestos abatement portion of the project. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 25 I. Wall sheeting and, where appropriate, ceiling sheeting shall consist of an interior layer of fire blanket wherever plasma torch cutting operations are to take place followed by two layers of 6-mil fire-retardant polyethylene sheeting along with fire blanket protection when torch cutting tools are to be used. Polyethylene shall be installed to minimize joints and shall overlap floor sheeting by at least 18 inches. No seams shall be located at the corners. The Contractor shall install a clear acrylic plastic window on each floor of contained area with minimum dimensions of 18" x 18" in at least one wall of the containment structure in an area which provides the greatest visibility of the work area, designated by the IHC. These windows are to be used for observation of the work area by the IHC, Regulators, Contractor’s foreman, and Owner personnel. J. Use smoke methods to test effectiveness of barriers. Visually inspect enclosures prior to each workday; repair damaged barriers and remedy defects immediately. K. Contractor shall construct and utilize scaffolding where necessary to gain access to asbestos. L. Light fixtures and other items mounted to suspended ceilings which are to be removed shall be removed under asbestos-control conditions by the Contractor, decontaminated using HEPA-vacuuming and wet- wiping techniques, and stored in a location designated by the Owner and IHC. M. In all areas where only non-friable ACM, such as floor tile, is to be disturbed without becoming friable, install critical barriers as described in paragraph F, and emission controls described in paragraph G, above. A three-foot-high splashguard of 6-mil polyethylene sheeting shall be placed along all walls and around all other floor-mounted fixtures where asbestos-containing flooring is to be removed. Ensure that barriers are effectively sealed and taped. Use smoke methods to test effectiveness of barriers. Visually inspect enclosures prior to each workday; repair damaged barriers and remedy defects immediately. The IHC shall enforce the requirements of Paragraphs H & I of this Section any time that non-friable ACM is becoming friable. N. Prior to removal of any asbestos, the IHC, accompanied by the Contractor shall inspect the following: enclosures, showers and toilets, personnel protection and decontamination procedures, exposure control systems, notifications and permits, standard operation procedures, personnel training and testing, removal, decontamination and storage of materials, securing of the work area and equipment for communications. If any inadequacies are found during the inspection, the Contractor shall make the changes required by the IHC. 3.02 UTILITIES A. All utility connections necessary for abatement will be made available to the Abatement Contractor. The Contractor shall specify in his/her Bid Package what utilities will be required. The Contractor, with advance notice made with Millcreek City, shall shut down, disconnect and lock-out all electric power to the work area so there is no possibility of reactivation and electrical shock during the entire abatement process. Temporary electrical power shall be in accordance with UOSH regulations and the Electrical Code for Wet Environments. All electrical power within the containment and decontamination facilities shall be GFCI protected. All temporary electrical connections, such as the connection of a temporary construction circuit from a breaker box, shall be performed by a State-licensed electrician when applicable. Evidence of the installation and the electrician's name shall be provided to the IHC. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 26 B. In case some cables or conduits within the containment area cannot be deactivated, they shall be completely protected from any and all water and humid conditions by the use of polyethylene sheeting or other appropriate methods approved by the IHC. C. Temporary lighting must be provided by the Contractor. All electrical power cords must be kept dry and off the floor. D. Remove all heating, air conditioning and ventilating system filters prior to abatement and dispose as asbestos waste. Replace all filters with a new set following all abatement work. 3.03 ASBESTOS REMOVAL A. All asbestos removal shall be conducted in accordance with the applicable paragraphs of 29 CFR 1926.1101 Methods of Compliance. B. Except as noted herein and/or in drawings, all asbestos that is to be removed shall be wetted with "amended water" using an approved sprayer. The amended water shall contain a wetting agent such as 50 percent polyoxyethylene ether and 50 percent polyoxyethylene ester, mixed one ounce to five gallons of water. An approved equivalent may be used. To minimize fiber release, the amended water shall be applied using a fine spray. The material to be removed shall be saturated sufficiently throughout so there will be no fiber release from dry asbestos. In many areas, it may be necessary to pre-saturate asbestos materials the day before removal. C. Immediately following removal, wet ACM shall be packed into labeled six-mil plastic bags to prevent the material from drying. All bagged material shall be packed and sealed in labeled drums or double bags. The exterior of the sealed drums or bags shall be thoroughly cleaned prior to loading for transport to the disposal site. D. Where all asbestos within an area can be removed from pipes, pipe elbows, pipe tees, and pipe hangers by the use of containment bags, the bags can be considered the primary barrier. A secondary barrier must still be constructed to prevent contamination of the area should a bag break. Glove-bag removal must be conducted under negative pressure. Cleaning and final decontamination requirements shall be in accordance with Section 3.06 of this specification. E. In some cases, because of electrical hazards or expensive equipment that could be damaged by water, it may not be feasible to wet the asbestos. Extreme care must be exercised to remove the asbestos so that airborne fibers will be minimized. Supplemental notification of and subsequent approval from the EPA-designated regulators is required where asbestos is removed dry. F. Asbestos-containing pipe or duct insulation that continues through floors and/or walls shall be removed two inches beyond floors and/or walls. The ends shall be coated with an encapsulant approved by the IHC. G. All used plastic, tape, cleaning material, and clothing shall be treated as asbestos waste material. H. Waste disposal shall be in a landfill approved for asbestos waste. The bags shall not be thrown into landfills in a way that may cause the bags to burst open. If bags cannot be taken out of the drums undamaged, then include the disposal of the drums with the bags. Ensure that bags are not broken open in the process. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 27 3.04 SUBMITTALS DURING & AFTER ABATEMENT The Contractor shall submit copies of the following items to the IHC, upon request and at the completion of the project: A. Security and safety logs showing names of persons entering the work site, date and time of entry and exit, record of any accident, emergency evacuation, and any other safety and/or health-related incident. B. Disposal certificates and/or receipts. C. Hazardous waste manifests D. Required permits, clearances, licenses, etc. E. Safety-plan conformance and meeting reports, including all injury reports. F. Abatement Contractor Daily Logs and Reports. G. Abatement Contractor air sampling data and laboratory reports. 3.05 MONITORING, TESTING & INSPECTION A. The performance and execution of the work will be closely and continuously monitored by the IHC and his/her technicians. The IHC shall not be an employee of the Contractor performing asbestos abatement work. The role of the IHC is to protect the Owner’s interests. The Contractor shall provide full cooperation and support to the IHC and his technicians throughout the abatement process. Removal monitoring by the IHC will include air samples in the areas surrounding the containment area, checking the containment area separation, work practices, engineering control system, HEPA vacuum system, respiratory protection system, packing material, packaging, transporting and disposal of asbestos, decontamination facilities and procedures and any other aspects of the abatement process that may impact the health and safety of the general public and the pollution of the environment. Monitoring frequency will be determined by the IHC and Owner. B. Contractor shall conduct all air monitoring as required by the UOSH Asbestos Construction Standard, UAC R574-200 Sect. 1926.1101, and federal OSHA construction regulations for asbestos, 29 CFR 1926.1101. All employee exposure monitoring shall be conducted in accordance with the OSHA Reference Method (ORM) located in Appendix A of the federal OSHA Construction Regulations for Asbestos, 29 CFR 1926.1101. C. Contractor shall conduct daily full-shift monitoring that is representative of the exposure of each employee on the work site. Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour time-weighted average (TWA) and 30-minute short-term exposure of each employee. Daily monitoring shall begin when any work activity may disturb ACM, or when employees may otherwise be exposed to airborne asbestos fibers. Air monitoring that is representative of the exposure of each employee on the work site can be provided by sampling all employees or by sampling one or more employees reasonably expected to have the highest exposure and applying the sampling results to the appropriate remaining exposed employees. D. All air samples collected as part of this project must be analyzed by an AIHA-accredited laboratory. All air sampling shall be performed by a qualified air sampling technician. A ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 28 qualified air sampling technician is a person qualified by training or experience to collect air samples for asbestos determination. This technician shall be familiar with sampling techniques, equipment, calibration techniques, and work practices useful for controlling air contamination. Abatement Contractor shall bear all of the costs associated with his sampling and analysis. All Contractor’s air samples shall be analyzed on a "rush" basis, and the results shall be posted on the job site within 24 hours from the termination of each day's sampling. E. The performance and execution of the air sampling will be closely monitored by the IHC. Written copies of Contractor's air sample results and supporting daily logs shall be provided to the IHC within 24 hours of completing the sample collection. Additional air sampling may be conducted by the IHC to confirm results obtained by the Contractor. 3.06 CLEANING AND FINAL DECONTAMINATION A. After the removal of asbestos has been completed and before the containment barriers are dismantled, the entire area shall be thoroughly wet cleaned and/or vacuumed with HEPA- filtered vacuum cleaners. All loose dust and debris shall be removed from the walls and floors of the containment and from all equipment within the containment area. (There shall be no residual ACM remaining on equipment at this time, including, but not limited to ladders, scaffolding, and fire blanket materials used for the project.) Following a 24-hour waiting period to allow dust to settle, a second thorough cleaning shall be performed. The second cleaning shall also use wet-wiping and/or HEPA-vacuuming techniques. After the second cleaning has been performed, the final visual inspection described in Section 3.07 of this specification will be performed. After the visual inspection has been completed and successfully passed, the Contractor shall apply an approved "lock-down" encapsulant to the entire interior of the contained work area. The encapsulant must be completely dry, typically 12-24 hours after application, before the final clearance air sampling described in paragraph 3.07 B can be started. B. Where glove-bags have been used and no bags have broken, or there is no other reason to believe that the area inside the secondary barrier has been contaminated, no cleaning of the area will be required prior to final inspection and testing in accordance with Section 3.07 of this specification. If the results of the final testing are not satisfactory, then the cleaning requirements of Section 3.06 A of this specification shall apply. C. After the decontamination levels specified have been confirmed through the final testing specified herein, the containment enclosure and critical barriers shall be removed, and the plastic, tape, disposable equipment and material from equipment room and shower room bagged and disposed as asbestos waste. All reusable contaminated equipment, such as masks, hard hats, etc., shall be thoroughly decontaminated through wet cleaning or properly packaged prior to transport off the site. D. The Contractor shall perform a final cleaning using HEPA vacuums and wet-wiping of the entire work area after removal of the containment enclosure. E. A final inspection of the work area after the removal of the containment will be conducted by the IHC to ensure no dust or debris remains anywhere as the result of the abatement operations. If necessary, the Contractor will again clean the area to the satisfaction of the IHC. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 29 3.07 FINAL INSPECTION AND TESTING A. After a thorough cleaning of the workspace, and a high degree of cleanliness has been achieved and the area has been verified to be clean by the project supervisor, the IHC shall be notified that the workspace is ready for inspection and final testing. The IHC will visually inspect the workspace for the detection of any visible asbestos dust or contamination. If the results of the visual inspection are not satisfactory, a thorough wet cleaning and/or HEPA vacuuming shall be repeated until the required cleanliness is achieved. If the visual inspection does not detect dust or other signs of contamination, the final clearance testing will commence. B. Final testing shall be conducted by the IHC and may consist of aggressive air sampling in the workspace. Fans shall be run in the area and/or sweeping conducted while representative air samples are taken. A large enough air sample shall be taken to allow detection of airborne fibers to a concentration of 0.005 fibers/cc of air. The work area shall be certified as clean when the total airborne fiber concentrations are less than 0.01 fibers/cc using phase contrast microscopy (NIOSH Method 7400). At the option of the IHC, dust samples may be taken to be analyzed for asbestos content to confirm the results of the air sampling. At the option of the IHC, electron microscopy may be employed to confirm the results of the final testing. If the results of the final testing are not satisfactory, a thorough wet cleaning and/or HEPA vacuuming shall be repeated until the required decontamination levels are achieved. C. The decision of the IHC is final as to whether work areas pass visual inspection and clearance air sampling. 3.08 RESPONSIBILITY FOR DAMAGES Any damages to the finishes, floors, walls, or any other item or fixture or equipment that are the result of actions by Contractor personnel in the areas where abatement is not scheduled to occur shall be repaired to their original condition without any additional cost to the Owner. A comparison of the Pre-construction inspection report shall be the basis for the assessment of damages to be addressed at the Substantial Completion Meeting. If no additional modification of the workspace will take place, all removable equipment and fixtures will be reinstalled in the space. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 30 PART 4 — HAZARDOUS MATERIALS The contractor shall access, remove, and properly dispose of or recycle all hazardous materials in accordance with best practices. As is the case with ACMs, Contractors are required to incorporate unit pricing in their overall base bid. Contractors will be required to complete the table when compiling their base bid. Their base bid will be the sum of the costs to remove each estimated quantity of material times their unit price. A follow-up inspection will be conducted to verify that these materials have been properly removed / disposed prior to the issuance of a demolition permit. Long Life Veggie House Material Location Quantity 4-foot fluorescent mercury- vapor light tubes Throughout building 94 tubes Compact fluorescent lamps Throughout building 22 lamps Suspect PCB-containing light fixture ballasts Throughout building47 47 units Mercury-containing thermostats Dining area and basement 3 units CFC-containing equipment Kitchen (reach-in, ice maker, and chest freezer) 3 units HVAC’s Roof 1 unit Battery Roof 1 unit CRT television Dining area 1 unit Paint Basement 1 gal. Sterno canisters Basement 1 case Butane Basement 1 unit ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 31 Serv-A-Cup Building Material Location Quantity 2-foot fluorescent mercury- vapor light tubes Throughout building 2 tubes 4-foot fluorescent mercury- vapor light tubes Throughout building 55 tubes 8-foot fluorescent mercury- vapor light tubes Throughout building 25 tubes Suspect PCB-containing light fixture ballasts Throughout building 40 units Fluorescent coil bulbs Throughout building 12 units Flood lights Exterior of building 2 units Mercury dial thermostat South wall front room 1 unit Van and truck panel spray paint Warehouse 1 unit Ultra-hide eggshell enamel Warehouse 1 empty unit Vehicle battery Warehouse 1 unit Small tire Warehouse 1 unit EMS Dry Brite Basement Repair Room 1 unit Zoom Spout Oiler Basement Repair Room 1 unit Condo Material Location Quantity 4-foot fluorescent mercury- vapor light tubes Storage room 2 tubes Suspect PCB-containing light fixture ballasts Storage room 1 unit Window air conditioners Living room spaces 36 units Compact fluorescent lamps Each unit 432 units2 Paint cans Throughout 4 units3 2 Quantity based on 12 bulbs per unit 3 Quantity may be higher as only approximately 1/3 of the spaces were entered. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 32 Office Building Material Location Quantity U-shaped fluorescent mercury- vapor light tubes Throughout building 28 tubes 1-foot fluorescent mercury- vapor light tubes Throughout building 1 tube 4-foot fluorescent mercury- vapor light tubes Throughout building 1,042 tubes Suspect PCB-containing light fixture ballasts Throughout building 535 units Compact Fluorescent Lights Throughout building 163 units Flood Lights Throughout building 54 units Sodium Vapor Bulbs Exterior of building 8 units Emergency Generator S of building 1 unit Vending Machine 2nd floor main breakroom 1 unit Electric Transformer West parking lot 3 units Water cooler Loading dock 1 unit Refrigerator 2nd floor main breakroom and loading dock 2 units Large HVAC Units Roof 3 units Various household cleaners Throughout 21 units Water fountains Near restrooms on each floor 6 units Mini refrigerator Breakroom in SE corner of 3rd floor 1 unit Cathode-Ray tube monitor 3rd floor server room 1 unit WeatherAll acrylic latex Custodial closet in basement 1 5-gallon pail PVC cement Custodial closet in basement 3 units Back-up batteries Throughout 20 units ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 33 Plowgian Auto Mechanics Material Location Quantity 4-foot fluorescent mercury- vapor light tubes Throughout building 66 tubes 8-foot fluorescent mercury- vapor light tubes Throughout building 94 tubes Suspect PCB-containing light fixture ballasts Throughout building 80 units Canister R-134A Garage 1 unit Refrigerator Shop 1 unit Vehicle batteries Shop 22 units Hydraulic vehicle lift Shop 5 units Vending Machine Waiting area 1 unit Large and small oil, grease, coolants, and gas containers Throughout building Numerous 1353 East 3205 South Material Location Quantity Compact fluorescent lamps Throughout building 4 lamps HVAC’s window units Bedrooms 2 unit Paint Basement 8 gals. Paint primer Basement 1 unit Stripper Basement 1 unit Sensor cleaner Basement 1 unit 1347 East 3205 South Material Location Quantity Compact fluorescent lamps Throughout building 4 lamps HVAC’s Exterior west side 1 unit Refrigerator Kitchen 1 unit Paint Garage 4 gals. ---PAGE BREAK--- Millcreek City Park Right-of-Way Project Pre-Demolition Abatement June 2, 2020 34 1363 East 3205 South Material Location Quantity Compact fluorescent lamps Throughout 15 lamps Spray paint cans Garage 2 EA Tires Exterior backyard 1 tire HVAC units Front and backyards 2 EA 1341 East 3205 South Material Location Quantity Compact fluorescent lamps Throughout 1 lamp Paint Basement 11 Gals Tires Exterior backyard 2 tire HVAC units Front and backyards 1 Ea Refrigerators Basement 1 Ea 4.01 ASBESTOS MATERIALS LOCATION DRAWINGS ---PAGE BREAK--- Long Life Vegi House Plowgain Motors Office Building Serve-A-Cup Condos 1341 E. 3205 S. 1347 E. 3205 S. 1353 E. 3205 S. 1363 E. 3205 S. 1300 East 3300 South Millcreek Park Right-of-Way Property Location Map ---PAGE BREAK--- ASBESTOS CONTAINING GRAY CEMENT PANEL THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 7 ASBESTOS INSPECTION LONG LIFE VEGI HOUSE 1353 EAST 300 SOUTH MILLCREEK, UT MAD SEG MRF/MAD CDE 61197491-21 AS SHOWN AS61197491-21-7 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND 25 DISHWASHING SAMPLE LOCATION ROOF SAMPLE 37 16 6,15 20 46 45 37 44 43 39 38 42 41 40 31 32 33 22 9,12 5,14 8,11 3 1 19 22 28 21 13 4 26 27 24 23 2 7,10 KITCHEN DINING 2 ADJACENT KITCHEN DINING 1 DINING 3 ASBESTOS CONTAINING WHITE GYPSUM BOARD WALL SYSTEM ASBESTOS CONTAINING WHITE VIBRATION DAMPENER ASBESTOS CONTAINING PLASTER WALL WITH BLACK COATING ASBESTOS CONTAINING ELECTRICAL WIRING BASEMENT 34 35 36 30 ASBESTOS CONTAINING GRAY / BLACK ROOF PENETRATION SEALANT 17 18 ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 8 ASBESTOS INSPECTION SERV-A-CUP - MAIN BUILDING 1310 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-8 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND 3 37 32 39, 40 15 38 17 16 4 33 35, 36 14 18 2 45 5 34 7 12 21 13 24 8 ASBESTOS CONTAINING ASPHALT ROOF SINGLE (IN FELT LAYER) ASBESTOS CONTAINING BLACK ROOF TAR ASBESTOS CONTAINING WHITE / BROWN PLASTER AND WHITE CEILING / WALL TEXTURE ASBESTOS CONTAINING WHITE POPCORN CEILING TEXTURE (ABOVE LIGHT FIXTURES) ASBESTOS CONTAINING WHITE WINDOW CAULK (BASEMENT WINDOWS) ASBESTOS CONTAINING SILVER SINK UNDERCOATING ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 9 ASBESTOS INSPECTION SERV-A-CUP - LOADING DOCK AND BASEMENT 1310 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-9 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND 44 43 29 23 27 28 10 30 31 41 42 22 9 52 52 ASBESTOS CONTAINING WHITE DUCT TAPE ---PAGE BREAK--- THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES Project Mngr: Approved By: Checked By: Drawn By: Project No. Scale: Date: File No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 10 ASBESTOS INSPECTION CONDO BUILDING 1334, 1336 AND 1338 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-10 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 NOT TO SCALE LEGEND SAMPLE LOCATION 90 16, 25 33 7 34 8 91 68 92 17, 26 44 ASBESTOS CONTAINING JOINT COMPOUND IN GYPSUM WALLS AND CEILING 1334 UNIT 10 1336 UNIT 11 ---PAGE BREAK--- THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES Project Mngr: Approved By: Checked By: Drawn By: Project No. Scale: Date: File No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 11 ASBESTOS INSPECTION CONDO BUILDING 1334, 1336 AND 1338 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-11 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 NOT TO SCALE LEGEND SAMPLE LOCATION 15, 24 ASBESTOS CONTAINING JOINT COMPOUND IN GYPSUM WALLS AND CEILING 55 6 32 23 14 54 81 80 6 61, 64 31 1338 UNIT 8 1336 UNIT 6 ---PAGE BREAK--- THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES Project Mngr: Approved By: Checked By: Drawn By: Project No. Scale: Date: File No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 12 ASBESTOS INSPECTION CONDO BUILDING 1334, 1336 AND 1338 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-12 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 NOT TO SCALE LEGEND SAMPLE LOCATION ASBESTOS CONTAINING JOINT COMPOUND IN GYPSUM WALLS AND CEILING 63 54 60 56 25 53 66 71 5 10 ASBESTOS CONTAINING 9" x 9" FLOOR TILES (VARIOUS COLORS AND ARE LOCATED IN THE 1ST FLOOR APARTMENTS 43 2 28 41 14 69 30 3 74 76, 77 67 29 75 1 2 72 70 73 42 82 83 13 28 4 11, 20 78, 79 1334 UNIT 5 1338 UNIT 3 1336 UNIT 1 1334 UNIT 1 ---PAGE BREAK--- THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES Project Mngr: Approved By: Checked By: Drawn By: Project No. Scale: Date: File No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 13 ASBESTOS INSPECTION CONDO BUILDING 1334, 1336 AND 1338 EAST WOODLAND AVENUE MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-13 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 NOT TO SCALE LEGEND SAMPLE LOCATION ASBESTOS CONTAINING JOINT COMPOUND IN GYPSUM WALLS AND CEILING 61, 65 18, 26A 35 9 1338 UNIT 9 ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 15 ASBESTOS INSPECTION PLOWGIAN AUTO 1357 EAST 3300 SOUTH MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-15 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND ROOF SAMPLE 37 35 ASBESTOS CONTAINING BLACK FLASHING WITH WHITE SPECKS GARAGE BAY DOORS 34 33 32 37 36 DETACHED GARAGE ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 16 ASBESTOS INSPECTION 1347 EAST 3205 SOUTH MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-16 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND ROOF SAMPLE 37 26 SHED UTILITY DEN KITCHEN BATH ROOM GARAGE BEDROOM LIVING ROOM STAIRS 1SR FLOOR 25 10 11 12 8,9 1 13 2 14 3 15 5,7 4,6 21 22 20 16 19 23 18 24 ASBESTOS CONTAINING BROWN 9" x 9" FLOOR TILES WITH WHITE STRACKS AND ASBESTOS CONTAINING PINK 9" X 9" FLOOR TILE WITH WHILE STREAKS (TILE ONLY) ASSUMED ASBESTOS CONTAINING BLACK ROOF TAR ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 17 ASBESTOS INSPECTION 1347 EAST 3205 SOUTH MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-17 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND LIVING ROOM 1SR FLOOR BASEMENT 17 20 26 2 BATH ROOM GARAGE KITCHEN BEDROOM BEDROOM 24,25 27 21 15 16 1 22 23 19 14 12,13 7 4 8 18 9 6 5 10 3 11 ASBESTOS CONTAINING BLACK ROOF TAR ASBESTOS CONTAINING WHITE JOINT COMPOUND IN WALL SYSTEM ASBESTOS IN WHITE WINDOW GLAZING ASBESTOS CONTAINING WHITE DUCT TAPE ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 18 ASBESTOS INSPECTION 1341 EAST 3205 SOUTH MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-18 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND LIVING ROOM 19 18 BEDROOM 2 BEDROOM 1 KITCHEN BATH ROOM BATH ROOM 1 2 8 3 6 7 11 12 13 9, 10 23 22 20 21 24 25 14 15 17 16 ASBESTOS-CONTAINING WHITE DUCT TAPE. ---PAGE BREAK--- SAMPLE LOCATION THIS DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES NOT TO SCALE Drawn By: Checked By: Approved By: Project Mngr: File No. Date: Scale: Project No. Consulting Engineers and Scientists EXHIBIT SAMPLE LOCATION DIAGRAM 19 ASBESTOS INSPECTION 1363 EAST 3205 SOUTH MILLCREEK, UT MAD RLW MAD/MRF MAD 61197491-21 AS SHOWN AS61197491-21-19 MAY 2020 6949 S. High Tech Drive, Ste. 100 Midvale, UT 84047 (801) 545-8500 (801) 545-8600 LEGEND LIVING ROOM BEDROOM 2 BEDROOM 1 KITCHEN BATH ROOM 24 25 17 19 15 16, 18 23 20 14 5 21 22 27 29 26 BASEMENT GARAGE 1ST FLOOR 7 3 9, 10 4 2 5 1 11 12 13 9 30 32 35 6 33 31 34 READ ASBESTOS-CONTAINING TAN 9”X9” FLOOR TILE WITH RED AND WHITE SPLOTCHES (TILE ONLY. TILE IS ASSUMED UNDERNEATH CARPET ON STAIRS)