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Peformance Abatement/YMCA Mold 0301/03%2003 '1G:02 17147019141 PERFORMANCE PAGE 02/03 F/®nk rft PERFORMANCE ABATEMENT SERVICES 12701iancock Slreet, Anaheim. Cf192807 714.701,91 d 1;: 219 orice 7)4,707.4168 fax Ca; License 782167 DOSf1777 C�stonner City of La Quinta Date 78-495 Calle Tampico La Quinta, CA. 92,253-1504 ilia ,Fax: 760-777--7011 original Mailed Attention PROPOSAL 72LN220 January 3, 2003 ,page J of 9 Mr. Daniel P. Crawford, Jr. 49-955 Park Avenue Job Name Mold Renwdiation and Rebuild Location La Quinta, CA. funlisb ll materials and l Performance Abatement Services, Inc. (hereinafter designated as °°CONTRACTOR'1 proposes to aaUar required for the application of the following oiereinafter designated as the 'Work,,) for the amount stated below; Per Plans Dated' lends Notct.; NA Wally January ?, 2003 Performance Abatement Services (PAS) is pleased to present this proposal f or the above -mentioned project. It is PAS's understanding that the scope of work for this project is removal of mold co starninated drywall and associated building materials, installation of dehumidifiers, cleaning of the wall cavity and pass rig of post zemediation testing contai><)mcnt tear down to be performed in two phases. PAS's affiliate company PeAOrmance Contracting Incorporated will 'be replacing the wall insulation and drywall though finish texturing. PAS/P :l is also including an alt matc price for performing the same tasks in the adult restrooms (3 total), which would also include installing all finishes back to existing (i.e. flooring, toilets, sinks, wainscot, handrails and finish painting) The following will outline our approach to the prof ect. Retnediatilon Pricing S 9,976.00 Project Scheduling (phase one & two) PAS anticipates the following time frame for each phase of work as discussttd at the walls. Phase One—)✓xterior Janitors Closet, hear Restroom and Northwest Restroi )m Day One Containment Set-up, Rernediation and Dehurnidi flier Set-up Day Two Four Allow dehumidifiers to run for three days to dry out lumber prior to sanding Day Five Dctail Clean Area for inspection and testing Day Six Scrubbing of air within containment (24 hour pe sod) Day Seven Environmental Inspection and Testing (24 hour turn around testing) Day Eight - Ten Containment tear down, rebuild and paint with s ;nvi-gloss paint to match Phase Two — Northeast Restrooms Schedule would be similar, to above with the exception of only two days fo-• rebuild time. In the Cvcrn CONTRACTOR',c price is included within your bid. then CONTRAC'1'OR's bid will bC deemed to buve been x mptcd. Va proposal is subAcE to change and will be withdrawn irnot acocptcd within 10 days orthe nhove d;uc; it.lsaubject to and includes all tcrffis and eandltiam dCeCtibed heroin (:lid si.ch other tams as may bo mutu:Uly agreed upon), Base Bid 3 9,976.00 Per rinance Abatement Services, Inc. Contract Puce —" .Len Newman C ulC / O By Estimator Tice Gt�ston - l p'1Y/LL�73' 1 V,'eNDv{.S�' 8 � Naole January 3, 2003 Title CY Q�/�' ` A rovnl Date InL 01/03/2003 16:02 17147019141 PERFORMANCE PAGE 03/03 1270 Hancock Street, Anaheim, Cr4 C. 92807RoOS1�)L iiX �lzzu 71 11-701.9141 x 25d office 714.701.9168 fax PERFORMANCE (al License 781187 ABATEMENT SERVICES y 7 DOSPage 2 of 9 Having visited the site and visually seeing how wet the existing wall cavities are it would be imperative to Efficiency allow for dehumidification of the lumber, which would allow for proper cleaning utiliz Lng sanding and High Particulate Air (REPA) filtered vacuuming of the surfaces. Leaving the exist ng lumber in a wet condition and covering with new drywall would most likely cause a molded condition again. PAS ha s estimated the drying time at 3 days, additional time maybe required to achieve acceptable moisture levels (inspection via a moisture meter) prior to rc- installation of drywall. PAS will utilize air filtration units equipped with HEI'A filters exhausted to the buildings exterior to aid in drying and air scrubbing of the work area. RernedistionlRebuild Pricins as referenced includes the following'. > PAS will mobilize all necessary equipment, materials and labor to t re project site and perform the work within two phases as discussed above. y PAS will install temporary plywood barriers over doorways at each work area_ These barriers will be equipped with a door and padlock. ;> PAS will install Eric retardant polyethylene sheeting in the form of - Nalls, floors andcritical barriers over all areas within the work area where required to complete the conCait?m.nt. > PAS will install and maintain a decontamination chamber at the enhance of the work area equipped with a tack pad floor. n PAS will remove the existing drywall from the floor level up to 4 f :et high (with the exception of the janitors closet, which will be six feet), remove existing fiberglass insulation and immediately bag for disposal. > PAS will install dehumidifiers for a period of 3 days to dry out the Lumber within the work areas. > PAS will return to the site inspect and test for moisture content, if -cceptable PAS will perform sanding and HEPA vacuuming to detail the work areas. > PAS will be removing the existing floor tile and associated mastic n tlrc Janitors Closet and disposing of as part of this project and disposing of as non—hazardous24-hcwaste s is m iag time priofest and r too ted.to an approved landfill_ > Upon completion of detail PAS is suggest a > Upon receiving a favorable post rcmediation test result PAS will a 1capsulate the work area with fosters 40/20 (mold encapsulant). q PCI will begin installation of insulation and drywall, mudded and, aped. PCl will finish to match existirn. . Once dry PCT, will paint walls to match existing. > PAS/PCJ will demobilize from the work area until such time as fir, ishcs are installed and completed by others. Once completed PAS will return to perform the same tasks for Pha:,e Two - Northeast Restroom, Alternate Pricing for Adult Ztestrooms (three total) S 11,074.00 PAS pricing will include all of the above mentioned remediation activities tnd reinstallation of all materials rernoved including flooring, wainscot, drywall, fiberglass insulations — reinstallation of toilets, sinks, hand rails back to original condition. PAS's price is based upon one trip and performing all restrooms simultaneously. The schedules identified above would apply to this portion of the project with the exception of having 4 days to install all finishes. Pricing as referenced excludes the following: > Third party air monitoring and inspection services. > Owner to provide electrical power and water for the duration of tt e project at no cost to PAS. > Bonds are not included with this bid_ y Owner to provide parking for the duration of the project. 01/03/2003 13:36 17147019141 PERFORMA�ICE PAGE 04110 1270 Hancock Street, Anahclrn, CA ®� 17 PROPOSAL 72X.N220 714, 7019141 z 254 office PERFORMANCE 714. keens, 7821 ABATEMENT SERVICES Cnl L5;1777 7821 S7 7)i%SN77� _ — Page 3 of 9 Contractual Clarifications • Price includes Sales Tax and Use Tax. • Price does not include furnishing of bonds. If bonds are required, add :!% to the base price. • CONTRACTOR's price is based on clarifications stated in this proposal (and is conditional upon acceptance of mutually agreed upon contract terms and conditions)_ • CONTRACTOR's attached Standard Terms and Conditions, including CONTRACTOR's Standard Insurance, will apply to this project. CONTRACTOR's Work must be approved and accepted on an areamt y area basis prior to removal of scaffolding and other equipment necessary to perform the Work_ Once approval I.as been given and such equipment has been removed, and CONTRACTOR has left the area, CONTRACTOR cannot be responsible for damage to its Work. • Any damage to CONTRACTOR's Work, which is not specifically cac.sed by CONTRACTOR, will be considered damage by others. Others will compensate CONTRACTOR for any repairs of damage via change order to the subcontract. • This proposal is per existing plans and specifications, All necessary design, architectural and engineering services, whether already performed or contemplated, shall be provided by others. This qualification overrides any condition -requiring CONTRACTOR to furnish such services. Any assistance given to the Owner's or General Contractor's design professionals is furnished as an accommodation to the Owner and/or General Contractor, and such services do not make CONTRACTOR liable or responsible for any design Work. The Owner's design professionals shall approve any required shop drawings. Shop dravings submitted by CONTRACTOR do not constitute design, architectural or engineering services, and any shop drawings shall be deemed to be approved by the appropriate design professionals working for the Owner and/or General Contractor unless CONTRACTOR is promptly zxotifzed of needed raodific4ous. Any contract awarded shall specify that design, architectural and. engineering services arc the responsibility of others. • Notwithstanding anything in the Bid Documents to the contrary, CUNTRACTOR's scope of Work shall include only that Work specifically emmncrated or described in this Proposal. Any additional work shall require a written change order. Commercial Clarifications: • This proposal is based on a normal 40-hour week. No shift work or pre ni'um time has been included. • No retention will be withheld on this project.. • CONTRACTOR will provide equipment and other safety precautions for the protection of CONTRACTOR's workers only. • Adequate area must be provided for the lay down, staging, and storage of CONTRACTOR's materials. • Temporary facilities such as light, power, heat, drinking water, a:rd toilets are to be provided at locations convenient to the Work at no cost to CONTRACTOR. Such facilities will be adequate to ensure the proper installation of all of CONTRACTOR's Work under all environmental c onditions. Technical Clarifications: • CONTRACTOR's pricing and proposal Includes: All necessary lab )r, supervision, eonsurnables, materials and disposal; all required regulatory pern its, applicable engineering cot.trols, including HEPA filtered equipment, negative pressure enclosures, decontamination units where • feasible or demarcated areas, OSHA required personal air monitor. ng; asbestos general liability insurance of $1,000,000; one mobilization and demobilization to project site; and cl,sse out documentation. • CONTRACTOR's pricing and proposal excludes anything not specifically identified in the plans And specifications. Further exclusions are: • Removal of moveable objects within work area by the CONTRACTOR 01/03/2003 13:36 17147019141 PERFORMANCE PAGE 05/10 Q122 70 Hancock Street, Anaheim, CA ®I� �14.7 PROPOSAL 72LN220 714.701.y141 x 254 once PERFORMANCE Cal License 7821 ABATEMENT SERVICES Cal �11111Sl7 7d2187 Z77 Page a oj9 • Cost associated with any air testing, either area, post -abatement or personnel exposure monitoring ■ RemovaI of any other hazardous materials, whether contaminated with asbestos/fungi or not_ • Required third party air clearances for contained areas. • Removal of electrical, HVAC, pneumatic or other mechanical items in order to access ACM, unless specified in contract documents_ • Lockout tag out of electrical, HVAC or sprinkler systems- 0 Repairs of surface blemishes such as chips, cracks, scratches or minor paint peeling due to containment construction. • Third party post-remediation air sampling fees for contained areas • Removal of ACMlfungi, which is concealed, buried or inaccessibl : in any way. Schedule: • CONTRACTOR shall be afforded the opportunity to establish the activities and working time necessary to perform and complete the Work included in this proposal. • This proposal is predicated upon the Work being .released to CONTRACTOR in an orderly and logical sequence. For scheduled work, where the CONTRACTOR is present at the pre -al -ranged time of assembly with tools, equipment and personnel, "but is not allowed to work due to -onditions outside of the control of the CONTRACTOR, minimum charges will be applied to the cost of the contract to compensate for payment to the CONTRACTOR'S EMPLOYEES by the CONTRACTOR for employee show -up, based on two-hour (2-hour) minimum compensation per each worker/classification. • When personnel are turned away after working for at least two -hours (2-hours) but not more than four -hours (4- hours), due to conditions outside the control of the CONTRACTOR, minimum charges will be applied to the cost of the contract to compensate for payment to the CONTRACTOR'S EMPLOYEES by the CONTRACTOR for employee work, based on four-hour (4-hour) minimum compensation p er each workcrlclassification- • In the event CONTRACTOR is unable to finish the Work on or aboLt the scheduled completion date through no fault of its own, CONTRACTOR shall be entitled to additional compe asation for escalation of cost, lost efficiency factor, or any otber cost resulting from the delay, plus overhead and profit- Chanees.- 41 The cost of any extra Work, modifications, or additions required by jobsite conditions or directed by CONTRACTOR shall be added to contract price plus I S% for markul and fee. CONTRACTOR shall be entitled to payments for said extra 'Work, as directed by Customer, whether issued verbally or in writing. The jobsite representative of Customer shall have authority to authorize extra Work, modifications, or additions as outlined above, and to coconut Customer to make payment therefore. • No charges will be made to CONTRACTOR's aecoturt for Work performed or material furnished by others, without notifying CONTRACTOR and receiving its written approval b.fore proceeding with such Work. 01/03/2003 13:36 17147019141 PERFORMANCE PAGE 06/10 IS71w Q1270 Hancock Street, Anaheim, CA 77 PROPOSAL 72LN220 14. office d. 701.9741 x 254 PERFQRMANGE 7arLic nse 7,321 ABATEMENT SERVICES Ct1l.LiCe 77 782187 DOSK,J�7J Page i of 9 Performance Abatement Services, Inc. Standard Insurancf The insurance in force for Performance Abatement Services, Inc. provides or.e of the most comprehensive coverages available. Evidence of our coverage will be provided on the standard ACORD Certificate of Insurance form. This standard, approved form is issued in compliance with requirements of the Insurance Service Office of th , United States and is a recognizeddocument used to provide evidence of insurance coverage in force. NO OTHER DOCUMENT IS APPROVED 'BY ISO FOR THIS PURPOSE, AND NO OTHER FORM WILL BE PROVIDED, PAS Standard Coverage I. Commercial General Liability (1986 occurrence form), including broad form extensions and contractual liability. $ 1,000,000 General Aggregate* S 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Each Occurrence S 500,000 Fire Legal $ 5,000 Medical Expense $ 25,000,000 Policy Aggregate Limit* Deductible of 11,000 property damage per claim 11, Business Automobile Liability (provides coverage for all autos owned, non -owned, leased or hixed.) $1,000,000 Combined Single Limit III. Workers Compensation (statutory) $1,000,000 Employers Liability IV. Umbrella (This policy provides additional coverage over General Liability, Automobile Liability, and Employers Liability.) The Upper Tier Contractor, General Contractor and/or the Owner can be named as additional insured's on our policy and can be named as primary, as long as the coverage is limited to the extent of PAS's contractual obligations. ANY REQUIREMENTS ADDITIONAL TO THI; ABOVE COVERAGE, r TCLUDING BUT NOT LIMITED TO THE FOLLOWING, ARE HEREBY EXCLUDED FROM THIS PROPOSAL: • Waivers or exclusions of subrogation. Providing more than 30 days prior notice of cancellation. • Any requirement for prior notice of expiration or changes in coverage.. • Project -specific aggregate limits. • Any indenu-jification/hold harn less clauses that require that PASC hold other parties harmless for their own act(s). PROF 01/03/2003 13:36 17147019141 PERFORMWCE P/FM1270HancockStreer, Analtetnt, Cif �i 714.7 714, 701, 9141 x 254 ghee PERFORMANCE ca11 ,n,e 7 2 ABATEMENT SkRvICES CalLicertse 782187 IJ . H 777 — The Work: CONTRACTOR will supply and perform only that work specifically described herein (the "Work"), notwithstanding anything to the contrary contained In any bid documents presented by the Customer (the "Bid Documents"). It Is specifically understood that the scope Of work described herein shall supersede anything to the contrary provided In the Bld Documents. The ssbestoslmicroGal removal Work shall be done one Foor/ares aLa time. Any work to be done beyond that described herein *hall require that 0 change order be executed. Customer shall ratify CONTRACTOR if CONTRACTOR's work Is to be stopped upon reaching any aggregate contract sum, Disposalt Notwithatanding anything herein Or in any Bid Documents to the contrary, unless specifically stated otherwise, CONTRACTOR's Work shall net Include the dLspO*al or hauling of any microblally Impacted waste or asbci or any asbestos containing materlol ("AGM") and title IQ such asbestos or ACM shall ncvdr be In the nano of CONTRACTOR for any reason whatsoever. Schedule: CONTRACTOR will supply and perform the Work in accordance with the schedule (the 'Schedule") described herein, or In the absence thereof, In accordance with the Bid Documents. CONTRACTOR'S obligation hereunder Is based upon the Schedule, both as to duration and sequence. In the event of any significant change in the Schedule, the contract price and the Schedule shall be equitably adjusted. In the event CONTRACTOR Is delayed in its Work or Is otherwise required to accelerate or resequence its Work for reasons other than the fault of CONTRACTOR or others under CONTRACTOR'* control, then CONTRACTOR shall be entitled to additional compensation. Work Week: Customer will cooperate with CONTRACTOR In scheduling all Work, Including disconnections, reconnections, Inttsuruptlon of services and utilities, and similar matters, In the event that Customer requires CONTRACTOR to work outslde of normal daytime business hours, CONTRACTOR shall be entitled to addltlOnal compensation for such overtime, Guarantoo: CONTRACTOR warrants and guarantees that its Work will be performed in compliance with.all Federal, State 3ndfdr Local regulations and, at the time Of Customers acceptance Inspection, will meet the specifications in the Contract Ddeumenls specifically relating to CONTRACTOR's Work. CONTRACTOR's Oblig3liOr to repair or replace detective Work will expire one year from [Ile completion of CONTRACTOR's Work. THIS WARRANTY IS IN LIEU OF ANY WARRANTIES PROVIDED IN THE BID DOCUMENTS AND IN LIEU OF ALL OTNER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.CONTRACTOR's liability is limited [o the foregoing and it shall not in any case be liable for indirect, InddOntal, consequential or special damages of any kind. Insurance; CONTRACTOR shall supply workers compensation Insurance in the form and amount required by law. CONTRACTOR shall supply general liability insurance, evidenced by Is slandord certificate of Insurance, the price of which shall be Included In the bid price unless otherwise specified herein. Additionally, CONTRACTOR shall obtain insurance specifically regarding liabilities resulting from asbestos abatement and removal activities, the cost of which shall be paid by the Customer unless otherwise specified herein. Protection of Work: CONTRACTOR shall be responsible for protecting the Work, or portions thereof, during the time the Work or portions of It are under Its control: provided, however, that during such time, CONTRACTOR shelf not be responsible for less or damage caused by others, nor for any damages whatsoever While CONTRACTOR Is not On SRS Storage and Facilities: Customer will provide at its expense sufficient storage space to CONTRACTOR, which Is fully protective of materials and equipment furnished for the Work at the place of performance of the Work. Customer will provide at its expense all light, heat, power and water which IS ,required by CONTRACTOR for performance of the Work in the custom and practice of CONTRACTOR's trade. Taxes: Customer will pay for any and all taxes whlch are now or may be Imporcd On the Work by any Federal, state or Local taxing authority, In-, ordinance, rule or regulation, unless otherwise specified herein. Ganda: Upon the request and at the expense Of Customer, CONTRACTOR will furnish performance and payment bonds written by a corporate surety. The cost of any such bonds Is not included In the bid price and shall be pald for by Customer, Indemnity, CONTRACTOR *if indemnify and hold harmless Customer From all or such portion of such loss or damage to persons or property to [he extent arising directly from CONTRACTOR's performance of the Work and which is caused solely by the wiiirLl misconduct or negligent acts of CONTRACTOR, Its employees, Or anyone under Its control. Customer will indemnify and hold harmless CONTRACTOR from all Or such portion of such loss or damage to persons air property to the extent arising directly from the willful misconduct or negligent act of Customer, its employees or anyone under its'centrol. Including other conlrsOtOrs. Payments: For Work commenced and completed in any one calendar month, Customer will pay the full contract price in full upon the complctlon and acceptance of the Work. Otherwise, all progress payrrtcnts for the value of the Work completed plus the amount of materials and equipment sultably stored on or off slid, and final payment, shall be paid by the Customer to CONTRACTOR within thirty (30) days after the Customers receipt of CONTRACTOR's payment application Inerefor. Inspection and Aocoptancoc CONTRACTOR',. Work with respect t0 pit; *c p* removal on cash noorrares shall be considered complete when CONTRACTOR notifies Customer that the Work on said noa9area has been completed in accordance with the spetificatlons. The Cuslamer's inspol of the Work shall take place within twenty -Four (24) hours from receipt of notice from CONTRACTOR. Customer's adkndwiedgement on the Acceptance Form shall constitute acceptance of the Work. Retention: For Work cgmplcled, ninciyflve percent (95%) of the contract value of Work performed during each paymcni porlgd will be payable as provided abovc up to a maximum retention of $50,000.00. In any evert, the full baiani of the contract pi Shall bC payable In full upon complOUon and acceptance of the Work, Late Payments: All sums not paid to CONTRACTOR when due, whether progress payment, final payment Or retention, shall beer an Interest rate of one and one-half percent tf'la%) per month Or the maximum legal rate permitted by law, whichever:s less; erd all coats Of collection, Including a reasonable atiorney's fee, shall be paid by Customer. Changes! CONTRACTOR may only be ordered In writing by the Custgmor to make changes in the Work within Inc general scope of the Work consisting of additions, deletions, changes to the Schcdulc in duration or sequence, or other revisions, and the contract price and the Schedule shall be adjusted accgrdingly. Before starting the changed work, CONTRACTOR will submit to the Customer a request III adjustment to the contract price and/or the Schedule. CONTRACTOR will not commence any such changed or revised Work until receipt of a written change order from the Customer incorporating an adjustment to the contract price andlor Schedule In accordance with the above. In the event that CONTRACTOR encounters asbestos or ACM not Included In the scope of Work, CONTRACTOR snail notify Customer, and removal of such AGM shall be by change order submitted by CONTRACTOR. In the event the Work Is reduced by mulusl agreement of Customer and CONTRACTOR, such agreement shall Include an equitable Increase In the Contract Sum due to CONTRACTOR for each floor/area on which the Work was performed, Customer's acknowledgement on the Acceptance Form shall constitute acceptance of CONTRACTOR's Work on such floor/area as meeting all requirements of the Agrceril PAGE 07/10 PROPOSAL 72LN220 Page 6 of 9 and the Contract )OCuments. The Contract Sum snail be increased for increases in the cost to CONTRACTOR of I )bar, match and dirp0*01. Force fdajeure::ONTRACTOR shall not be responsible for delays or defaults where occasioned by any causes of any :Intl and extent beyond Its control, including but not limited to; delays caused by the Owner, Customer, After subcontractors, archliect and/or ari nears, delays In transportation, shortages of raw materials, ci GI disorders, acts of the government, eltmer In Its sovereign or contractual capacity, lobe- difficulties Dr. Karla gips, vendor allocations, freight embargoes. fires, floods, epidemics, quarantine rcatddNgns. ac;icici ts, unusually *Overc wOpthcr, and ads of God. CONTRACTOR shall be entitled to an equitable adju*h rent in the Schedulg and Contract Sum for such delays as described above. Customer Sappl led Property: If the Work described herein requires Customer 10 supply matcdals, CgUlpment or other property, then Customer vorrant* that Such Items shall be fit for the use for which they were Intendet . If such Iterns do not conform, CONTRACTOR shall notify Cuslomcr within a reasonable time aft it CONTRACTOR's notice of the nonconformance and CONTRACTOR may request addNonal complains ¢lion by change order. CONTRACTOR iuppfied Property. Whenever [he Customer, Its employees, contraclora and subcontractors (otter than CONTRACTOR) use ladders, sea9oldirg, toils, vchicics, cgvipmcnt or property of any kind, either owned or rented by CONTRACTOR, Customer shall Index lfy and hold CONTRACTOR ha mless from any and all claims, demands, damages, causes of action and suits or whalsoever nature and kind, arcing out of or connected with the use of such, except when Caused by the sold aclive negl gence of CONTRACTOR. Differing Site C�fnditions: If CONTRACTOR encounters conditions at the site differing rnaterlaliy from those Indicate f in the Bid Documents, or unknown physical cond dons at the site of unusual nature differing materially rom those ordinarily encountered by CONTRACTOR's trade, then CONTRACTOR shall promptly nail y the Customer, stop it-. Work and await instructions from Customi if such conditions cause a change in the Oast Of, or the time required for, performance of any porton of the Work, an equitable vice adjustment shall be made and the Schedule modified accordingly. Notices: Any nptl x= or whdpn claim rgqulrcd to, be 5ubmiti to the Gu'uiOmcr on account pf chi extras, delays, net, leration, of otherwise, shall be furnished within a reasonable time period, and in a manner to permit V a Customer to satisfy the requirement of the Contract, n Ivvithslshd fig any shorter time period olherwls a provided therein. Liens: Nothing shl II serve to void CONTRACTOR's right to File a Ilen or claim on Its behalf In the event [hat any payment to CONTRACTOR is not timely made. Damages: Notwlt istanding anything to the contrary contained In the Bid Documents or otnerwlsl CONTRACTOR shi 11 not be liable for special, incidental or consequential damages of any kind for any reason whatsoever. Preparation of V fork Arei The Custgmcr shall prepare all Work areas so as to be acceptable for mobilization by CONTRACTOR. CONTRACTOR will not be called upon to start Work until sufficient areas are ready to i nsure continued Work until job compietlor. CONTRACTOR shall not be responsible for damage to any r rocierty, (a) which Is to be replaced by Customer, or (b) which is damaged as a result of removal by CO:ITRAC70R prior to performance or the Work In order to perform Work despite CONTRACTOR Bits rcising reasonable care to prevent damage. Termination and Suspension: If the Customer does hot pay CONTRACTOR in a timely manner Wthln seven (T) dars from Ire time payment should be made 38 provided herein (except where such nonpayment Is due 10 detective Work by CONTRACTOR or other material breach by CONTRACTOR), then CONTRACTO 2 may, without prejudice to any ether remedy it myy have, upon two (2) additional days' written note to the Customer, slop its Work until payment of tho amount owing has boon received. In the ev, nt CONTRACTOR resumes its Work, the Schcdulc shall be equitably adjusted, and CONTRACTOR *h ill ;ncur no liability for such tcrminallon. Further, the contract price shall, by appropriate adl Sri be Increased by the amount of CONTRACTOR's reasonable costs of shutdown, delay and startup. further, If CONTRACTOR's Work is terminated Or suspended for the convenience of the Customer Or an r other party, then CONTRACTOR shalt be paid fee al; Work performed to -dale, for equipment and mat,- lals already ordered, and for CONTRACTOR's costs of early termination, at in the case Of suspension CONTRACTOR's casts Of shutdown, delay and startup. Nplwithstanding anything herein to the contra •y, CONTRACTOR shall net be liable for any dam while CONTRACTOR is not an site. Waiver. CONTRA :TOR's waiver of any tern herein snail not be construed as a waiver of such terms gl cry SU d*Ggvcnt t mil, Recordlteeping: The Customer and CONTRACTOR shall bob' De required to maintain their records for at Icaal a thirty 1 30) year period. This set of records shall Include, but is not limited to, acceptance documents, reports of hazard assessments, governmental ratifications, medical surveillance, employer releases, disposal r icords, record of equipment use, bulk analysts and air monitoring results, plans and specifications, d0ot, rents dealing will employee training, documents showing proper work techniques, work logs and dlarli s, warning signs and notices, types of enc2psul3nts used, policies and procedures regarding safety egi;ipment, tleconlaminalion procedul inform and final Inspection fgrrrr, emergency procedures, govern, rental inspddign ropgrts, Cooporatlon aml Safety: CONTRACTOR snail have exclusive use Of the workspace unless CONTRACTOR cor scnls otherwise. CONTRACTOR's Work shall be performed In accordance with all opplicablc requlreni of the Envlrenmental Protection Agency. OSHA and other Federal. State and Local regulations r, lating to asbestos removal. Customer will cooperate with CONTRACTOR in all respects and take f II necessary actions to enable CONTRACTOR 10 meet all such requirements with respect to the Wort and the Project. Customer will cooperate with CONTRACTOR t0 assure that all areas where the W )rk is being performed are closed to access by unsulherized persons. Customer shall provide sdequate security, Including security persennei, to prevent unauthorized entry into CONTRACTOR's to ork areas. The Customer will ensure that its employee;, r0prt$cn4ntivo5, agcnts and tenants will Wide by all safety procedures applied by CONTRACTOR on the Project. CONTRACTOR sh: 11 provide for Its Work all safely signs, direction signs and warning signs for the Project In accordance with statutory requirements. All visitors to the Work arms shall be required to comply with CONTRACTOR's safety requirements. The Customer agrees that CONTRACTOR': insurer's repfesent:5ves shall have the right to inspect CONTRACTORS Work and Project wihout hindrance, The Cu ;lomer agrees that it shall not porfarm any work or engage any other contractor or pti to perform v ark within the abatement areas. CONTRACTOR shall not be required to continue the L'VOrk If a di le arises Out of, relalcs to, or results from an actual Of alleged breach of safety requi rementa reiatlr51 to asbestoa or or iraoillty on CO NTRACTOR's part to comply with the safety requirements, Legal Effect: T ils proposal OFfers to the Customer the terms and candihpns upon which CONTRACTOR wll perform the Work described herein and is made without regard 10 any or the provisions in the Bk Documents not expressly Incorporated herein by reference or otherwise agreed 10 In writing signed by 'ONTRACTOR. Acceptance of the proposal Is expressly limited to the terms stated herein, i"Itional rr incor8a(isnl terms Of Customer'$ form or other cocumerte are Objected to and rejected and shall be deomed a malarial alteration thereof, Upon acceptanoe, this proposal will represent the crtrc agrecrni of the patios with regard to performance and payment for trig Work. 01/03/2003 13:36 17147019141 PERFORMANCE PAGE 08/10 1270 Hancock SLreed, Anaheim, CI 17 PPROPOSAL72T,'�iz20 114,4, 701, 9141 x 254 office. PERFORMANCE Cal Li ...7821 ABATEMENT SERVICES Cad License 782187 !)(1S'H 777 Page 7 of 9 Microbiological Remediation Addendum The following terms and conditions shall apply to microbiolo g cal remediation work performed by the CONTRACTOR, and shall take precedence over conflicting language otherwise provided in the terms and conditions of this Proposal. 1 _ Notwithstanding anything in the Contract Documents to the contrary, CONTRACTOR's work shall not include the identification of the source of the intrusion nor the recommended remediation procedures_ CONTRACTOR'S work shall include only the specific remediation procedures as recommended by the industrial hygienist, engineer or other;Lgent of Customer. 2. CONTRACTOR warrants and guarantees that its work will be performed in compliance with all Federal, California State and/or Local regulations and, at the time of Customer's acceptance inspection, will meet the specifications relating to CONTRACTOR's Work as provided herein. CONTRACTOR warrants that its Work shall be free from defects upon completion, subject to the limits otherwise provided herein. Specifically, CONTRAC"OR warrants that the work areas will be cleaned to reasonable industry standards as certified by th. industrial hygienist, engineer, or other agent of Customer. Such certification shall constitute acceltance of the Work. Due to the nature of the Work, CONTRACTOR cannot and does not warrant that microbiological intrusion will not recur. THIS WARRANTY IS IN LIEU OF ANY WARRANTIES PROVIDED IN CUSTOMER'S BID DOCUMENTS AND IN LIEU or ALL OTHER WARRANTIES, EXPRESS OR INIPL JFD, INCLUDING ANY WARRANTIES Of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR's liabili'y is limited to the foregoing and CONTRACTOR shall not in any case be liable for indir,et, incidental, consequential or special damages of any kind_ 3. CONTRACTOR and Customer or Customer's industrial :'rygienist, engineer or other agent shall mutually agree upon a reasonable standard of acceptance in accordance with accepted industry standards prior to commencement of CONTRACTOR's w)rk, and shall incorporate saute into the specifications. CONTRACTOR's Work with respect to oath area shall be considered complete when CONTRACTOR notifies Customer that the Work. in said area has been completed in accordance therewitll_ Inspection by Customer or Customer's industrial hygienist, engineer or other agent shall take place within twenty-four, (24) hours fron L receipt of notice by CONTRACTOR. Certification by Customer or Customer's industrial hygienist, engineer or other agent that the work has been completed in accordance with the specifications or, in the absence of specifications accepted industry standards, shall constitute acceptance. 4. In the event CONTRACTOR encounters microbiological cc ntamination not included in the scope of work, CONTRACTOR shall notify Customer, and the removal of such additional contamination shall be by change order submitted by CONTRACTOR ar d based on the recommendations of the industrial hygienist, engineer or other agent of Customer. 5. Acts of industrial hygienists or other agents of Customer shf 11 be considered acts of Force Majeure_ 01/03/2003 13:36 17147019141 PERFORMANCE PAGE 09/10 i27(J Hancock 56feet, Anaheim, CA AF ®�� 92807 PPROPOSAL72LN220 714.14.701,9i41 x 25d of2ce PERFORMANCE Cal r01.4167821 ABATEMENT SERVICES Gal7,U777 782187 nn cz.� �� � ' 4" Paces 8 of 9 6. Whenever the Customer, its employees, contractors, subcontractors (other than CONTRACTOR), industrial hygienists or other agents of Customer use ladder;, scaffolding, tools, vehicles, equipment or property of any kind, either owned or rented by CONTBA.CTOR, Customer shall indemnify and hold CONTRACTOR harmless from any and all claims, demands, damages, causes of action and suits of whatsoever nature and kind, arising out of or conn.eted with the use of such, except when caused by the sole active negligence of CONTRACTOR. 7_ Notwithstanding anything in the Contract documents to the contrary, CONTRACTOR'S total liability hereunder shall be limited to the amount of its contract. 8. No records relating to disposal of contaminated materials sh ill be required. 9. CONTRACTOR shall have exclusive use of the workspace unless CONTRACTOR consents otherwise. CONTRACTOR's Work shall be performed in accordance with all applicable requirements of the Environmental Protection Agency, O' HA and other Federal, State and Local regulations. Customer andits agents will cooperate with CONTRACTOR in all respects and take all necessary actions to enable CONTRACTOR to meet all such requirements with respect to the Work and the Project. Customer andits agents will cooperate with CONTRACTOR to assure that all areas where the Work is being performed are closed to access by unauthorized persons. Customer and its agents shall provide adequate security, including security personnel; to prevent unauthorized entry into CONTRACTOR'S Work areas. Customer will ens'ire that its employees, representatives, agents and tenants will abide by all safety procedures applied by CONTRACTOR on the Project. CONTRACTOR shall provide for its work all safety signs, iirection signs and warning signs for the Project in accordance with statutory requirements. All visiOrs to the Work areas shall be required to comply with CONTRACTOR's safety requirements. Customer agrees that it shall not perform any work or engage any other contractor or person to p srform work within the Work areas. CONTRACTOR shall not be required to continue the Worc if a dispute arises out of, relates to, or results from an actual or alleged breach of safety requirern --nts relating to CONTRACTOR's Work or an inability on CONTRACTOR" s part to comply with the safety requirements. 10. CONTRACTOR's Work further excludes: • Personal air monitonng; • Removal of any materials not specified in the origin al scope, whether contaminated or not; • Services of an industrial hygienist; and • Cost associated with any microbial air sampling, e- ther personal monitoring, pre -abatement sampling, or post -abatement sampling; • Removal of electrical, H'VAC, pneumatic or othi.-r mechanical items in order to access microbiological contamination unless specified in the contract documents. 11. CONTRACTOR is not responsible for the replacement or repair of architectural or structural components that are determined through destructive testi zg or remedial actions to be impacted., compromised or failed other than are included in the scope of work or are defined and agreed prior to the commencement of the projected work. 12. CONTRACTOR is responsible for the removal of visually identified surface mycological growth to current industry standards using acceptable engince:rint controls and work practices and, if 01/03/2003 13:36 17147019141 PERFORMAFICE PAGE 10/10 1270I-lancoek Street XPWheirn, C4 MAN a S 714,7 PROPOSAL 72LN220 714J01.9l41 x 15�4 ace PERP=ORMANC� 71d. is n e 7821 ABAIFEti1EN7 SERVICES Ca! License 752167 nnsx 777 Page 9 of 9 specifically provided for in CONTRACTOR's proposal, replacement of materials (e.g., drywall) specifically impacted by such removal. However, and ncit'withstanding anything in the Contract Documents to the contrary, CONTRACTOR is not responsible for changing or repairing the conditions that are responsible for initial microbial growth such as water leaks; water intrusion, or other uncontrollable environmental occurrences that lead to favorable conditions for microbial. growth. 13, CONTRACTOR and Customer recognize that currently, the American Congress of Governmental industrial IIygienists (ACGIH) and the American. Indust•iai Hygiene Association (A.IHA) have published positions regarding collection and data interpretation of microbial sarnplings, including surface, bulk and air and recognize saute as the accepted industry standards. 14. CONTRACTOR requires that, as an interested parry in any _emedial action, that analytical data used in the interpretation of environmental sampling results must be available for review and dissemination to/by all interested parties. 'Thus, CONTRACTOR requires access on a timely manner to all analytical data collection results for record keeping an i data interpretation purposes_ 15. Any alterations to established containments that are required to be made to access additional microbially impacted materials outside of the original scopt. of work shall be done so as a "changed condition". All work, including labor, concerning the alteration of containments or addition of material items or equipment to access or contain addition al materials will require signed change orders and will be billed at time and material rates (attached 1 unless previous pricing is established. 16. The abatement actions as proposed here are not designed cr intended to be fungicidal, bactericidal, sporieidal, or germicidal actions. The proposed work is not intended to sanitize, disinfect or sterilize any of the items or objects in the scope of work including )ut not limited to tenant or owner items, building materials, architectural or structural or other ob ects located in the work area(s). The CONTRACTOR makes no guarantees or claims as to the e 1ieaey of the cleaning, decontamination, or abatement process. 17. Tenant or owner property shall be removed from the worl: area prior to the work proposed herein being conducted. 18. Should tenant or owner items be a part of the Scope of Work (SOW), the owner or owners legal agent, of said items is responsible to claim or document in writing the condition of items, with the contractor, located in the work area prior to the removal of items front the work area(s) and the commencement of work in the work area(s). PWOQMJLNa