HomeMy WebLinkAboutBUSINESS PLAN
HAZARtaJuS·· MATERIALS· .D.SION
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JOiN ASSISTANCE LEAGUE® of BAKERSFIELD .iN
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NEWS CoNFERENCE ANd CElEbRATioN
FRidAY, JUNE 1 8, 2004
11 :00 A.M.
1924 ··0" STREET
BAkERSfiEld, CA 9»01
RSVP: BEVERLy
66~..87}6
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LHoward Wines - Re: Fwd: EPA Environm ~ I Oversight Project Number
pag.E!1J
From:
To:
Date:
Subject:
Howard Wines
Webb, Charles
6/21/20042:37:27 PM
Re: Fwd: EPA Environmental Oversight Project Number
I got 4 hrs into the Asbestos Analysis review I'm responding to. I anticipate about another 4 hrs of on-site
overview of the asbestos removal. After that, another 4 hrs of disposal document review & case closure.
Figure another 4 hrs of anything that comes up in between. Total estimate = 16 hrs@ $87/hr = 1,392.00
»> Charles Webb 6/21/2004 1 :50:54 PM >>>
Letter looks fine.
Just need memo/email on your time estimate for the Assistance League project
>>> Charles Webb 6/3/0410:46:12 AM >>>
Howard,
This is the project number you will be assigned for charging your time on the project.
>>> Manar Haddad 6/2/04 9:29:46 AM >>>
The project number assigned for the above is: LUZ412
Thanks
.
r ~,.m ~ Enviro~mental ~
1iIIii;;~ í).~NY
.t- Solutions Made Easy - .
$' Richard D. Leon
'"i- Office..........(559) 233-7156 General Foreman
Toll Free ....1-800-882-5362
Fax..............(559) 233-2356
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2706 South Railroad Avenue
Fresno, California 93725
Asbestos & Lead Removal
Hazardo'us Materials & Waste Disposal
Emergency Spill Response
Soil & Water Remediation
Indoor Air QuaE ty
PARC EnVIronmental Has Your SolutIons
DOSH REG #19
www.parc-ics.com
UC #501913
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FIRE CHIEF
.~CI' ,:I;?AZE
ADMINISTRATIVE SERVICES
2101 "H" Street
Bakersfield, CA 93301
VOICE (661) 326-3941
FAX (661) 852-2170
SUPPRESSION SERVICES
2101 "H" Street
Bakersfield. CA 93301
VOICE (661) 326-3941
FAX (661) 852-2170
PREVENTION SERVICES
FIRE SAFETY SERVICES' ENVIRONMENTAL SERVICES
900 Truxtun Ave.. Suite 210
Bakersfield, CA 93301
VOICE (661) 326-3979
FAX (661) 852-2171
FIRE INVESTIGATION
1715 Chester Ave.
Bakersfield, CA 93301
VOICE (661) 326-3951
FAX (661) 852-2172
TRAINING DIVISION
5642 Victor Ave.
Bakersfield, CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
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September 27, 2004
Ms. Barbara Sandrini
Assistance League Bakersfield
12160 Street
Bakersfield, CA 93301
RE: 1924 Q Street Asbestos Hazardous Waste Remediation Activities
Dear Ms. Sandrini,
This is to inform you that this department has reviewed the results of the disposal
documentation and laboratory confirmation sampling, dated 07/20/04, associated with the
waste asbestos removal from the Assistance League building located at 1924 Q Street.
Based upòn the information provided, this department has determined that
appropriate response actions have been completed, that acceptable remediation practices
were implemented, and that, at this time, no further investigation, remedial or removal
action or monitoring is required at the above stated address.
Nothing in this determination shall constitute or be construed as a satisfaction or
release from liability for any conditions or claims arising as a result of past, current, or
future operations at this location. Nothing in this determination is intended or shall be
construed to limit the rights of any parties with respect to claims arising out of or relating
to deposit or disposal at any other location of substances removed from the site.
This letter does not relieve the property owner of any responsibilities mandated under
the California Health and Safety Code if existing, additional, or previously unidentified
contamination at the site causes or threatens to cause pollution or nuisance or is found to pose
a threat to public health or environmental quality.
If you have any questions regarding this matter, please contact me at (661) 326-3979.
Sincerely,
RALPH E. HUEY, Director of Prevention Services
~~~~
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By: Howard H. Wines, III
Hazardous Materials Specialist
Registered Geologist No. 7239
Office of Environmental Services
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Telephone: (661) 323-0838
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Line Enterprises
10001 Pheasant Run, Fresno, Ca 93720
(559) 434-1039 Fax (559) 434-3148
August 16, 2004
Contact. Mark
Re: SDD BuRdlng
Bakersfield, Ca .
Dear Sir,
Attached are the air sample resuPts for the above referenced faallty. We saw no
visible evidence of asbestos containing material. All samples were Well within the
Prescribed limits. ff you have any questions or need additional Information. please do not
hesitate to call.
Yours truly,·
,7~ ~~
Tom line
Certified Asbestos Consultant
#92-00183
Rug 31 04 08:41a
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WESTERN ANAL YTlCAll..AØORAroRY TEST REPORT
NIOSH 7400 ANALY8J8
RepORT: 27889 CUBrr: Une En1erpr1se.;¡
10001 Pheasant Run
DATE RECeIVED; July 21 2004 FteSlJo, CA 93120
DATE REQUIRED: JYly 22, 2004 ATTN: Tom üne
REF: ECD Bldg.
e.lœrsfield, CA
SUBJeCT;
Phase Contrast M~ Analy$i$ of AIr Semples for FIber ContiIn
MET'HQCOlOGY: MOSH FIber Count (Method 7400 Revision 3, A Aulee)
FILTER TYPE; MCe
AlTeR AAEA: 385 rnmA2
FILTER OIAMEreR: 25 mm
MAGNIFICATION: 40QX
AELD AREA: 0.00755 mIW'2
p.3
page 1 of 2
Sample location I Sample Frølds Fibtn F/mnr'2 FibeIs Volume PfheN
ID ~ DInII Caunted Counted þftr Filler Ucæ... crafAlr
1 East Mech. Room 100 3.5 4.46 1717 1~ D..DD'I2
2 &uernent Mech. 07120104 100 5 8.37 2462 1440 . 0.0017
3 Staff Room U7I20104 100 4.5 6.73 2207 1440 O.QØ15
4 NE Center 0712W04 100 8 7.64 2943 1440 O.0Q2g
5 Ea&t Center 07I20I04 100 4 5.10 1962' 1440 O.G014
6 Office Board Room 0712C1D4 100 5.5 7.01 2SQ7 1440 ø.øoll
.
7 Kitchen 07120104 100 7 8.92 3433 1440 11.0024
8 SE COmer CllI20104 100 5.5 7.01 2697 1440 0.001'
9 SOuth ~ C712MJ4 100 6 8.37 2462 1440 1.0017
10 I....." 'oAKr 07 T¿uQ4 100 3 3-82 1471 1440 0.0010
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Environmental Fees Newsletter · january 2003
New Hazardous Substances Fee Rates
(
The He;:¡lth ;:¡nel Safety Code provides for an annual ~1djustment of the [;:ltes for the elispos;:¡l fee. i"acility
fee, generalùr fee, tiered permit fee, environmenwl fee. ~mel occupational lead poisoning preVenLlOn ["ce,
based on changes in the cost of living as measured by the California Consumer Price Index. The following
tables show the adjusted hazardous subst;:¡nces fee r;:¡tes for calendar year 2003 and the 2002 rate for the
occupational lead poisoning prevention fee.
2003 DISPOSAL FEE
(Base rate $101.20)
CATEGORY
NonRCRA Hazardous Waste
-generated in a cleanup action
RCRA Waste
-treated to be nonRCRA or nonhazardous
-generated in a cleanup action and
treated to be nonRCRA or nonhazardous
Other Waste
Mining waste
Extremely hazardous waste
Restricted hazardous waste
Solid waste residues resulting from
incineration or dechlorination
2003 GENERATOR FEE
(Base Rate $3,262.00)
WASTE
GENERATED
5 - 24.9 tons
25 - 49.9 tons
50 - 249.9 tons
250 - 499.9 tons
500 - 999.9 tons
1,000 - 1,999.9 tons
2,000 or more tons
2003 ENVIRONMENTAL FEE
NUMBER OF EMPLOYEES
FEE RATE
(PER TON)
$ 16.51
5.72
40.88
16.51
5.72
13.16
202.40
202.40
5.06
FEE RATE
~G
, . 0
3,262.00
16.310.00
32,620.00
48,930.00
65,240.00
FEE
1 - 49
50 - 74
75 - 99
100-249
250 - 499
500 - 999
1,000 or more
$ 0
231.00
407.00
813.00
1,742.00
3,252.00
11,037.00
2003 FACILITY FEE
(Base Rate $23.458.00)
CATEGORY
Disposal
Large Onsite Treatment
Large Offsite Treatment
Small Treatment
Mini Treatment
Large Storage
Small Storage
Mini Storage
Postclosure-Iess than 5 years
Small
Medium
Large
Postclosure-more than 5 years
Small
Medium
Large
Standardized
Series A
Series B
Series C
Series Small Quantity C
RATE
(PER FACILITY)
$ 234,580.00
70,374.00
70,374.00
46,916.00
11,729.00
46,916.00
23,458.00
5,865.00
5,725.00 *
11.450.00 *
17,175.00 *
3,050.00 *
6,100.00 *
10,300.00 *
(~.
11,730.00
5,497.00
4,617.00
2,308.00
* Postclosure fees due are 50% of those shown if lead agency
is not DTSC.
PERMIT TYPE
FEE
Permit-by-Rule (Facility and TTU)
Conditional Authorization
Conditional Exemption
Commercial Laundry
2002 OCCUPATIONAL LEAD
POISONING PREVENTION FEE
NUMBER OF
EMPLOYEES
CATEGORY
A
CATEGORY
B
10 - 99
100 - 499
500 or more
$ 235.00
471.00
1,175.00
2003 TIERED PERMIT FEES
$ 1,138.00
1,138.00
38.00
38.00
$ 337.00
941.00
2,691.00
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1216·0" Street, Bakersfield, CA 93301
Telephone: (661) 32~838
Fax: (661) 323-2753
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STATE BOARD OF EQUALIZATION
I"'ROPER'Y AND Sf>EGIN. lAXf'SOEPAH1MENT
'150 N S TH:El. SACllAMENTO. CALIFORNIA
f><.J flOX !)42879. SACRAMFNTO. GALlH)/1NIA D47lÐ.()()!J1
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CAnOl E "'laDEN
Fil'$l Oistl'l."j. Sa, rrð1CÎ!:iQ'.)
September 18, 2004
Bill. LEO/IIAf![)
Stxmril OI......J. Onl..·ìo
GlAUDE PARnISH
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1216 0 ST
BAKERSF I ElD CA 93301
EPANo.: CAC002579316
1924 Q ST
BAKERSFIELD CA 93301
RAMON J. HJRS'r.
b"tClllliA Direr:irr
INFORMATIONAL NOTICE
The Department of Toxic Substances Control (DTSC) has advised the Board of Equalization that you
are a recent recipient of an EPA identification number. The State Board of Equalization administers
six hazardous waste tee progrM"lS in cooperation with the DTSC. As a holder of a state or federal
EPA 10 number you may also be required to register with the Board to report your generator
activities.
If you generate or produce five (5) or more tons of hazardous waste per calendar year,
regardless of the final disposition of the waste, you should contact the State Board of Equalization to
obtain a hazardous waste generator fee account number. Utilization of a waste hauler or a hazardous
waste contractor to remove your hazardous waste does not relieve you of the liability for the fees that
result from the generation, recycling and/or disposal of your hazardous waste. Additional information
regarding generator fees is available in Regulation 3000, "Generator of Hazardous Waste." The
regulation is available on our website or request a copy from the Board's Infolnlation Center by
calling 800-400-7115.
If you qualify as a generator based on the above criteria and need to register, please contact us at
916-323-9555, or write:
ExCISC Taxes and Fees Dh:Îslon. MIC:S7
State Board of Equalization
PO Box 942879
Sacramento, CA 94279-0057
It Is not necessary for you to register as a generator wl1h the Board of Equalization if the
amount of hazardous waste generated or produced does not exceed five tons during a
calendar year. For questions specific to the EPA number or site referenced above contact DTSC at
8D0-618-6942.
For additional Information regarding the Generator Fee program or any other t~x programs
administered by the Board of Equalization please visit our website at www.boe.ca.gov.This site will
provide you with general information about the programs administered by the Boa-d, forms,
publications. newsletters, proposed legislation, and linkstc> other government sites.
EXCISE TAXES AND FEES DIVISION
BOt':· t 58"J ÆV :t (5-04)
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Departmenl of Toxic Substances Control
So.çrarnen1o, California
Il1fQnTlôtlon in the shaded creos
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UNIFORM HAZARDOUS
VVASTE ~~FEST .
23396496
3. Go""rator'. Name and Miiiling Address
AssJ!itanœ league of Baf¡en;fiefd I ,'}!(f fOO
1216 () Sfroot.8af<ersfll3kJ. CA. 93301
B. Sta'" G.,ner<¡1or'. IP
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AU.,: Barbara Sandrirlf
6. us EPA ID Numb.r
S. iran'podet 1 Company Name
PAP-I':; F-I'\\lifonmeutat
D. Tran.parter'. phon. (~59) 233.71',j6·
7. Transporlœr 2 Company Name
9. De.ignated Facilily Name and Site Addr...
Forward Inc.
9999 S. Austin Road
Manteca ,CA 95336
a. R,f..\. Waste Ashflstos, 9. NA2212. PGW (ERQt17t)
I. Wa.te Number
Slate 1~1
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State
EPA/OIher
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J. Addiliono! Deocriptionllor Matefial, Li.led AbaYe
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15. Sp.cial Handling I..truclians and Additianallnlarmatian
Caution: Wellf ~A ~oW!d p~ dolf1lrag 11M rooØlttory protINIí<l\ IiÑ!M handlmg.
EMERGENCY CONTACT: Chern -Tel. ~nc. at 1..soo-255-3924
$ite pick up a~: 1924 Q Stredt Bakeorlíeld ('.A 93..101
Jot, ,
64700
16. GENERATOR'S CERTifiCATION: I ....reby declare that iii" content. of this co>nli!¡nmont are fully and occurately de.cribed oboyc by proper .hlPring nam" and ore da,,¡fied, pocked,
marked, and labeled, Clnd ore in 011 respects in proper condition for trat"sport by highway Qccord¡.,g to applicable international and naliona governmèllt regulations.
II I am a large quanlity generator, I certify that I have a program in place ID reduce tho volume and toxicity of west<> genera"'d to the dog",e I haye determined Ia b. econDfl\ically
practicable and that 1 hoVe .elected the practicable IOethod of treatment, 'tarage, or disposal cur",ntly aya;labl. to me which minimi%Ø' the present and fuþ"" threat 10 human heoilh
and Ihe environment; OR, jl I am a Imall quantily goneralar, I have made a gOod laith effcrt to minimixe my waste generation and ",lecl the be.1 woste manag....enl methad that ¡s
available to me and thot can aflard.
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19. Di .cropancy Ind ication Space
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DO NOT"WRITE BELOW TH.IS·ÛNE.
Yellow: TSDF SENDS THIS COpy TO GENERATOR WITHIN 30 DAYS.
(Gcnerator$ who $.lJbm;t l1ozordous waste for transport out·of"sta.e,
produce completed copy of ~hi, copy and .end 10 D15C within 30 doy.,J
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!FJ@OR OR'Ø'MiiJlb
FIRE CHIEF
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ADMINISTRATIVE SERVICES
2101 "H" Street
Bakersfield. CA 9330i
VOICE (661) 326-3941
FA.X.(eS61) 852-2170
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SUPPRESSION SERVICES
2101 "H" Street
,; Bakersfield. CA 93301
",' VOICE (661) 326-3941
rl' FAX (661) 852-2170
5
PREVENTION SERVICES
fiRE SAfETY SERVICES' ENVIRONMENTAl SERVICES
900 Truxtun Ave.. Suite 210
Bakersfield. CA 93301
VOICE (661 326-3979
FAX (661) 852-2171
FIRE INVESTIGATION
1715 Chester Ave.
Bakersfield. CA 93301
VOICE (661) 326-3951
FAX (661) 852-2172
TRAINING DIVISION
5642 Victor Ave.
Bakersfield. CA 93308
VOICE (661) 399-4697
FAX (661) 399-5763
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June 30, 2004
Assistance League of Bakersfield
c/o Olson Design Studio
2130 F Street, Suite A
Bakersfield, CA 93301
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RE: Remedial Investigation and Feasibility Study (RIfFS) Results
For the Property Located at 1924 Q Street in Bakersfield, CA
Messrs:
, ".., .
, ", ..-/ This office has reviewed the Analysis of Asbestos Cleanup Alternatives
report, dated May 3, 2004, submitted by you for the property located at the
above statèd,address. Laboratory results reveal asbestos containing materials
are present oh,.the subject property.
?
I
This office accepts option "A," listed in the RIfFS results, removal of
the asbestos cohtaining material, as the most practical method for
accomplishing:~ reduction in the asbestos levels detected at the site. However,
if you or your c;onsultant has an alternate method you wish to employ, you may
submit a reque~t to this office for review and approval.
\
.s
Please ~espond within twenty (20) working days from receipt of this
letter as to your it;ttentions regarding this matter and a time table for carrying
, them out.
.J
If you have any questions, please call me at (661) 326-3649.
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C. Webb,ÆD/CD
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Sincerely,
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£;-A
Howard H. Wines, III
Hazardous Materials Specialist
Registered Geologist No. 7239
Office of Environmental Services
S:\CORRESPONDENCE\2004-06\A~istance League ACM removal approval. DOC
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MEMO
May 3, 2004
TO:
Howard Wines, Office of Environmental Services
FROM:
Assistance League of Bakersfield
SUBJECT: Analysis of Asbestos Cleanup Alternatives -1924 Q Street
Recommended Cleanup Action
Pursuant to the requirements of the EPA RLF funding the asbestos cleanup within the
building at 1924 Q Street, the Assistance League will be acquiring for the relocation of
their facilities, following is a draft of the potential cleanup alternatives for the asbestos
removal, including the recommended cleanup action.
BACKGROUND
The Assistance League of Bakersfield is a nonprofit organization that has operated for
48 years. Their services to the community include: Operation School Bell which
provides clothing and uniforms annually to 1,500 - 2,000 needy school children;
Operation Opportunity which provides clothing annually to 200 adults who have been on
public assistance, but have received training and are entering the job force; and
operation of the "Bargain Box," a thrift store that generates funds to help pay for these
community services as well as providing a work site for job trainees. .
The League is currently located in three separate and adjacent buildings, which are
located in the path of a current redevelopment project that will eliminate substantial
economic and physical blight. The Assistance League's focus has been to remain in the
same general area to provide needed service to the community. The proposed building
at 1924 Q Street, is only about eight blocks away from their existing facilities.
SITE BACKGROUND
The building at 1924 Q Street is the site of the former State Employment Development
Department office. Environmental studies and testing have been completed on the
office site. The Phase 1 study reviewed the historical environmental issues associated
with the office and land parcel. Building materials were tested (see attached testing
results) to determine the presence and levels of asbestos fibers within the various
building materials. The floor tile, mastic and boiler room insulation were found to have
asbestos fibers. Use of asbestos within building materials was eliminated by
regulations in the 1970's, the EDD building was built prior to these regulations. Due to
the floor tiles and mastic's age and deteriorating condition many have been cracked,
damaged and dislodged creating asbestos in a friable condition. Insulation around the
piping in the boiler room has also been damaged and deteriorated, causing the
asbestos to take a friable condition.
Mr. Howard Wines
May 3, 2004
Page 2
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ASBESTOS CLEANUP ALTERNATIVES
There are four basic approaches to the problem:
· Removal: The asbestos-containing material is removed from the building by
qualified professional and, if applicable, state certified and trained personnel and
disposed of by burial in a site specifically approved for asbestos.
· Encapsulation: The asbestos-containing material is coated with a penetrating or
bridging sealant to prevent release of asbestos fibers into the air.
· Enclosure: The asbestos-containing material is physically separated from the
building environment by means of erecting permanent airtight barriers.
· Deferred Action: In conjunction with a well defined Operations and Maintenance
Plan, the actual removal, encapsulation or enclosure is postponed to a later date.
Each of the four alternatives has advantages as well as disadvantages to the future
operations of the Assistance League of Bakersfield.
A. Removal
1. Advantages: Eliminates the source of the asbestos. Ends the exposure and
precludes the development of future problems.
2. Disadvantages: Costly, complicated, and time consuming method. Replacement
of the removed material with a substitute material is usually necessary. Greater
potential for exposure of workers to asbestos hazards.
3. When appropriate: When there is a high exposure potential. When the material
is deteriorating, highly accessible, or subject to severe water damage. When
exposed material surfaces exist.
4. When inappropriate: Removal may not be feasible because of the location of the
material and the kind of surface to which the material has been applied, or
because of lack of funds.
This is the preferred cleanup alternative. The Assistance League will be doing
extensive remodeling of the facility to accommodate their numerous programs. Most
interior non-bearing walls will be removed or reconfigured which would further damage
the floor tiles and mastic. Because their programs cater to children coming to their
facility, any level of potential friable asbestos contamination would be unacceptable to
the Assistance League organization. To remove the potential of asbestos exposure to
children or the general public coming to the Assistance League facility, the complete
removal of asbestos materials is the preferred option.
The asbestos cleanup of the building, as to federal and state standards, was originally
estimated to be approximately $50,000.00. The project was put out to bid by the
Assistance League (see attached RFP). Three bids were received and summarized in
the attached memo. Also attached is the low bid for the project by PARC Environmental
at $51,050.00, plus $830.00 for a Post Abatement Air Clearance Survey. In conjunction
with the above analysis, the contract serves as the recommended corrective action.
Mr. Howard Wines
May 3, 2004
Page 3
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This cleanup approach is the most effective and can be implemented immediately, in
keeping with the League's relocation time schedule.
B. Encapsulation
1. Advantages: Controls fiber release. Rapid and reasonably economical method.
2. Disadvantages: Source of the asbestos exposure remains in the building. If the
material is damaged or deteriorating, the additional weight of the sealant may
cause layers of the material to break away from the underlying surfaces. A
management system is required. Continuing inspection and maintenance for
damage or deterioration to the encapsulated surface is required, Le. future
potential for fiber release is possible. . Most encapsulants deteriorate over time.
Encapsulated material is very difficult to remove if asbestos removal becomes
necessary in the future (for instance, when the building is eventually remodeled
or demolished).
3. When appropriate: When removal is not feasible. When the material is of low
friability. If the material will still retain bonding integrity after encapsulation.
When damage to the material is not probable. When accessibility to the material
is limited. If the surface in question is complex, making removal difficult. When
there are economic or time constraints. When used as a temporary measure
until funding for removal is made available.
4. When inappropriate: When removal is feasible. When the material is highly
friable. When the material does not adhere well to the substrate. If the material
;s deteriorating or damaged. When damage to the material is probable. When
water damage or the potential for water damage exists. When there is high
accessibility. When continuing inspection and maintenance of encapsulated
material is not planned.
This approach is not feasible when additional remodeling will be taking place and the
relocation of their operations must adhere to a short time schedule. Encapsulating the
asbestos in the floor tiles when removing and rebuilding of various walls must occur
would not leave the asbestos encapsulated. With thousands of children, residents and
volunteers accessing the future facility, encapsulating would not guarantee a potential
future release is not possible.
C. Enclosure
1. Advantages: Controls fiber release. Rapid, economical, and uncomplicated
method.
2. Disadvantages: The source of the asbestos remains in the building. Fiber fallout
continues behind the enclosure. Costly if enclosure disturbs functions of other
systems (e.g., enclosure may require lighting changes, mechanical changes,
etc.). A management system for maintenance or renovation is required.
Continuing inspection and maintenance of damage to enclosure system is
required. Construction of the enclosure will normally result in disturbance of the
asbestos - containing material.
Mr. Howard Wines
May 3, 2004
Page 4
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3. When appropriate: When removal is not feasible. When disturbance or entry
into the enclosed area is not likely.
4. When inappropriate: If removal is feasible. When damaged or deteriorated
material causes a high level of fiber fallout. If water damage to the enclosure is
likely. When entry into the enclosure is likely for repairs and maintenance.
The floor tiles and mastic are essentially throughout the flooring in the building. It is not
feasible to enclose those areas of the building, to do so would essentially make the
building useless for any type of occupancy with the asbestos remaining in the building.
D. Deferred Action with an Operations and Maintenance Plan
1. Advantages: Utilizes a specific plan for action. Monitors material condition over
time. Controls exposure potentials. Economical.
2. Disadvantages: Source of the asbestos remains in the building. The exposure
potential remains.
3. When appropriate: When removal is not feasible. When disturbance of material
is likely. When a well-defined plan is followed. When the propensity for fiber
release is low.
4. When inappropriate: When removal is feasible. If material is heavily damaged.
The option would again leave the asbestos within the building, making it useless for
occupancy and not available for the Assistance League's relocation plan.
If you have any questions, comments or additions to the analysis or information, please
contact the Assistance League through our legal representative, James Parker, Jr. at
(661 )322-4004.
Attachments
Asbestos Testing Results
Request for Proposals - Asbestos Removal
Memo summarizing Asbestos Removal bids
Asbestos Removal Contract - PARC Environmental
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REQUEST FOR PROPOSALS
1. Introduction.
The Assistance League of Bakersfield (the "League ") is in escrow to acquire the
former State Employment Development Department office building located at 1924 "Q"
Street, Bakersfield, California (the "building"). The anticipated escrow closing date is
June 1, 2004. Prior environmental assessments conducted by the State of California
identified asbestos within (a) all the thermal insulation in the building's boiler room,
(b) all the vinyl tile and mastic floor covering, (c) all the wall base and mastic along the
base of the building's interior walls and (d) a Transite Type B gas vent pipe from the
boiler room to the roof (all hereafter the "asbestos containing materials"). On condition
that the League closes escrow and secures an asbestos removal grant from the City of
Bakersfield Redevelopment Agency (the "RDA"), the League intends to hire an
experienced, licensed asbestos removal contractor (the "contractor") to expeditiously
remove the asbestos containing materials from the building inunediately close of escrow
so that the League may proceed with remodeling the building.
2. Scope of Work.
The contractor will locate, uncover, remove and dispose of all asbestos containing
materials from the interior of the building in strict conformance with all applicable
federal, state and local governmental statutes, ordinances, rules and regulations.
including, but not limited to:
(a) The Comprehensive Environmental Responses,
Compensation and Liability Act ("CERCLA");
(b) Uniform Administrative Requirements For Grants and
Cooperative Agreements To States and Local
Governments (40 CFR Part 31);
(c) The Davis-Bacon Act of 1931 (40U.S.C. §§ 1541 et sea.,
formerly 276(a)-276(a)-5; 42 U.S.C. § 3222) and
California's counterpart prevailing wage laws (Labor
Code, §§ 1770 et sea.) The contractor must pay
applicable prevailing wage rates for the locality, as
determined by the United States Department of Labor
and the State Department of Industrial Relations;
(d) Executive Order 11246, Equal Employment
Opportunity and implementing regulations at 41 CFR
60-4 relating to federally assisted construction
contracts;
e e
(e) The City of Bakersfield's Business License Ordinance;
(f) Asbestos removal regulations of the San Joaquin
Valley Unified Air Pollution Control District.
3. Time for Completion: Anticipated Start Date.
The work must be completed in 15 working days after receipt of a notice to
proceed from the League. The antiCipated start date is within the first three weeks of
June, 2004.
4. Buildina Inspection Prior to Submittina Proposals.
The Contractor shall be responsible for removing and disposing of any carpet
covering asbestos tile and othexwise locating the asbestos containing materials within
the building's interior. The building may be entered for inspection by prospective
bidders by making arrangements with the City of Bakersfield's Real Property Manager,
Don Anderson, at 326-3061.
5. Deadline for Submittina Proposals.
Proposals shall be in the form of the attached contract which must be completed
and signed by the contractor and submitted with a copy of the contractor's State
Contractor's License on or before 12:00 noon, April 30, 2004, to the League in care of:
Olson Design Studio
2130 F Street, Suite A
Bakersfield, CA 93301
Dated: March _, 2004
ASSISTANCE LEAGUE OF BAKERSFIELD
By
Barbara Sandrini, President
C:\WPDA TA \JRP\LeagueReqforProposals.wpd
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05/11/04
09:42 FA! 661 322~06 ~
__ _0_-0- - -
KUHS, PARKER &: HUGHES
:I
MEMORANDUM
Via Facsimile Only
TO: ABATECO (Fax 661/391-0181) DATE: May 11, 2004
AS.!., Inc. (Fax 661/327-2977)
P ARC Environmental (Fax 559/233-2356)
FROM: James R. Pa<ker, Jr~ FILE NO., 1317.00
SUBJECT: Assistance League of Bakersfield; Asbestos Removal Oontract Bid Results
ALB received the following bids on the above-referenced project:
ABATE CO
A.S.I., Inc.
P ARC Environmental
$63.050
$75,000
$61.880
ALB intends to award the contract to P ARC Enviromnental. Thank you fo!
bidding the project.
JRP/vjh
cc: Barbara Sandrini
Gary Olson
Charles Webb (via fax 328-1548)
Don Anderson (via fax 852-2100)
0:\01d. HP Dm1!\WPDOCS\ASs!nll¡Ç<! l..eIoqUB\Ab.....cc.mm.01.wpd.
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04/2r/O~ 10:3i F.~~ 661 3~2 2906
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ADDENDUM NO.1 TO REQUEST FOR PROPOSALS
1924 "a" Street. Bakersfield. California
DATE: April 21. 2004
TO:
Abateco
A.S.I., L"lc.
Dresser
PARC
fax
fax
fax
fax
661.391.0181
661.327.2977
661.589.8658
559.233.2356
SUBJECT:
Modifications to Request for Proposal dated March 26, 2004
Attached hereto are revised pages 1, 2 and 6 of the Asbestos Removal Contract. Replace the
prior version of pages 1, 2 and 6 with the revised pages 1, 2 and 6. The follov'ling modifica.:1ons.
have been made to the scope of work:
1. A "Pest Abatement Air Clearance" survey and certificate will be required. It is OUI
understanding that trois work will be performed by a separate independent consultant as a
subcontractor. The cost should be included as a separate line item in pe:Iagraph 4 oÏ the
Asbestos Removal Contract and as part of the Contract Price in paragTaph 3.
2. It has come to OUI atter-tioD that there are two (2) Transi~e vent pipes f:om the western
basement equipment ream to the roof that need to be abated. The second pipe is the vent pipe
for the het water heater, which also will need to be discon..."'leCted and removed as part of the
work.
3. D.1ring the March 26"õ1l prebid wallt thr..l it was detennined that additional assessment testiIlg
should be performed on the white tape on the duct joints for the HV AC system in the east
groll.."'ld floor eCrwpmen-: room. A copy of the tests results are attached that indicate it is
negative for asbestos. .4J80, a sa.>nple was collected from the tan tape on the irlsulated duct
joints in the west basement eqœpment room which indicated it is negative for asbestos.
However, a fourth sample was collected of the white putty from the first duct out of the boiler
in the western baseme!1t equipment room which did indicate the presence of asbestos Ì1:
S"ùÍficie!lt quaIltities reC1Uiring removal.
4. The ÌIlsurance requirements have been amended (~ 6 of the Asbestos Removal Contract) to
requiIe Contrac:or's Pollution Liability Insurance to cover releases of or exposme tc asbestos.
.As before, you must complete, sign and submit the Asbestos Removal Contract on or before 12:00 nOOD,
April 30, 2001. to the League in care of:
Olson Design Studio
2130 F Street. Suite A
Bakersfield, CA 93301
Ifyeu need to view the project sitè again, please do not hesitate to call Don Anderson at 326-3061.
Attachments: Revised pages 1. 2 and 6 of the Asbestos Removal Contract; ATL test resl.ùts of
additional samples da.ted March 28,2004
C:\014 HP D..:<\WFDOCS'V.=ri=t1UlOe Lellaue\ad.de"dum No. l.w;><:
10:37 F.{! 661 3~2906
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(4]003;006
ASBESTOS REMOVAL CONTRACT
THIS AGREEMEN! is executed on this u.tilday of April , 2004 by L1e
ASSISTANCE LEAGUE OF BAKERSFIELD. a California corporation (the "League'') D.lÌd
PARC Environmental , a California corporation (the "Contractor");
WITNESSETH'
WHEREAS. the League is in escrow to acquire the former Employment Development
Department office building ¡ocated at 1924 "Q" Street, BakersfieJd, California (the "buiJd:ng"); a:J.d
WHEREAS, prior environmental assessments of the building cOInmissioned by the
State identified asbestos within Ca) the thermal insulation in the building's boiler room. (b) the vinyl
tile and mastic floor covering, (c) the wall base and mastic along the base of the building's interior
walls, Cd) a Transite Type B gas vent pipe from the boiler room to the Toof, (c) a Transite Type B
Vent Pipe ÎÌ'om the water heater to the roof and (f) white putty in the first ¿ uct out of the boil er room
(all hereafter the "asbestos containing materials"); and
WHEREAS, the Contractor has inspected the interior ofllie building and has satisfied
itself as to the ext~t and location of the asbestos containing materials and is fully apprised of the
cost, expense and scope of the work necessary to remove same from the building; az:.d
WHEREAS, the League has applied for a grant from the City of Bakersfield
Redevelopment Agency ("RDA") of Environmental Protection Agency funds 10 remove the asbestos
containing materials from the buiJding (the "grant"); and
WHEREAS, the Contractor warrants and represents that it is an experienced, fully
licensed, weU qualified specialist in the field of asbestos survey and abatement; and
WHEREAS, provided the escrow closes and the grant is fully fundd, the League
desires to hire the Contractor and the Contractor desires to bind itself to tbe League to locate and
remove the asbestos containing materials from the Buildjng, all as provided hereafte:.
NOW, THEREFORE, it is agreed as fonows:
1. Scope of Work. The CODtractor wil1locate, uncover, remove and dispose of
all asbestos containing materials from the interior of the building in 5!.rict cODÍonnance wi!.1" all
applicable federal, state and Jocal gove..'1lIl'lental statutes, ordinanc.es, rules and regulations, including,
but not limited to:
(a) The Compret:.ensive Environmental Response, Compensation and
Liability Act ("CERCLA");
(b) The Uniform Administrative Requirements for Grants anè Cooperative
Agreements to States and Local Governments (40 CFR Part 31);
(c) The Davis-Bacon Act of 1931 (40 V.S.C., §§ 3141 et~. and 42
(R~vìsc:d 4-21-04)
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J4/H/lq 10::\ï F.U 661 :\~~ ~906
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@00'<;006
U.S.C. 3222) and California's counterpart prevaiiing wage laws (Labor Code> §§ 1770, et gg.);
Cd) Executive Order 11246, Equal Employment Opportunity, and
Implementing Regulations at 41 CFR 60-4 relating to federal1y assisted construction contracts;
(e) The City of Bakersfie1d's BLlSiness License Ordinance; and
(t) Asbestos Removal Regulations of the San Joaquin Valley Unified Air
Pollution CO:ltro1 District.
The Contractor acknowledges receipt of copies of Howar¿ Wine's memo dated March 8, 2004,
Clayton Environmental Consultants, Inc.'s Asbestos Assessment dated July 17, 1989 and A TL's
Asbestos Analysis dated March 14, 2004. League makes no warranties or representations as to the
accuracy or completeness of such report5 and analyses. For purposes of this agreement, the
Contractor shall presume that all of the vinyl tile and mastic, all of the thermal insulation in the
boiler room and all of the wall ba.se and mastic wiiliin the building are asbestos containing materials
to be removed hereunde-:.
2. Time for Completion: Anticipated Start Date. Tne work must be comple"ted
in 15 working days a.:.~er receipt oÏthe notice to proceed from the Leag-;.le. Time is of the essence.
The anticipated start date is vvithin the first th...-ee weeks of June, 200.1, however, the Contractor
ad.'I1owledges that th~ League has no control over when the escrow will clost: and the grant will be
funded. If the work is not finished or completed within the time provided herein, damage will be
sustained by the League, the actual amount ofwh~ch will be impractible and extremely difficult to
ascertain and determine as a result of such delay. The Contractor shall pay to the League damages
Îor such delay in an amount eqœl to $500 per day multiplied by the number of days the Contractor
dclays in finishing the. work in excess of the lime pro....ided herein. Th:: League may deduct the
2Inount of such damages from any monies due or may become due the Cont:'actor under this
agreement.
3. Contract Price. Compensation for completion of ill: work, inckding all labor,
materials, equipment, permits, fees, taxes, surveys, certificates and all other costs of completing 6e
work, shall be the sum of Fifty-One Thousand Eight-Hundred and Eightv dollars
($ 51.880.00) which shall be paid by the League to the Cont-actor 35' days after compleùon of:he
work provided that the Contractor pro'VÌdes the Owner an Unconditional Waiver and Release Upon
Final Payment duly executed by the Contractor and by al] subcontractors and material suppliers to
the Contractor who furnished labor, services, equipment or material to ù:.t Contractor in the cours~
of completing the work..
4. Warranty and Certificate. Upon completion of the work, t.~e Conb'actor shall
warrant that all asbestos containing materials have be.en removed from the bLÚldin¡;, in accordance
v.ith all appHcable federal, state and local laws and shall provide the O\v:1er with a Post Abatement
Air Clea."'aIlce Certiñcate. The Owner may elect to delete the Post Abatement Air Clearance Survey
and Certificate, in which case the èontract Price shall be reduced by S 830.00 .
5. Davis-Bacon Act and Labor Code Requirements. The Contractor's attenÜon
is directed to the following requirements of the Davis-Bacon Act and the Labor Code:
(R:v:scd 4-21-04)
2
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(a) Hours of Labor. Eight hours labor constitutes a legal day's work. The
Contractor shaH forfeit. as a penalty to the League, $25 for each workman employed in the execution
of the Work by the Contractor or any subcontractor under it for each Day during which such
workman is required or peffi1itted to work more than eight hours in anyone Day and 40 hours in any
one calendar week in violation of the provisions of the Labor Code, and, in particuJar, sections 18 J 0
to 1815 thereof, inclusive, except that work performed in excess of eight hours per Day and 40 hours
during anyone week sha] be permitted upon compensation for all hours worked in excess of eight
hours per day at not less than one and a half times the basie ratc of pay, as providcd in Labor Code
section 18] 5.
(b) PrevaiIinQ Waí.!Cs. Pursuant to the pro'visions ofth~ Davis-Bacon Act
and Labor Code section] 773, the League has obtained from the Secretary of Labor and the Director
of the Department of Industrial Relations the general prevailing rate or per ùiem wages and thc
general prevailing rate of holiday and overtime work in the locality in which the vvork is to be
performed for each craft, classification or type o[worker needed to execute the work. Copies of the
prevailing rate of per diem wages are attached hereto Exhibit A. The Contractor shaIJ cause a copy
of the Secretary's and Director's determination of the prevailing rate of per diem wages to be posted
at a prominent and easily accessible place at the site of the work. The Contractor shall pay a!!
mechanics and laborers employed directly on the site of the work unconditiona11y and at least once
a \\:eek, and without subsequent deduction or rebate on any accounts, the fuJl amounts accrued at
time of payment, computed at wage rates not less than those determined by the Secretary and
Director to be prevailing wages, regardless of any contractual relationship which may be alleged to
exist between the Contractor and the Jaborers and mechanics. The League will nOl recognize any
claim for additional compensation because of the payment by the Contractor of any wage rate in
excess of the prevailing wage rate. The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his bid and will not under any circumsêances be
considered as the basis of a claim against the League. The Contractor shal1 comply with Labor Code
sections 1774 and 1775. In accordance with Labor Code section] 775, the Contractor shall forfeit
[IS a penalty to the League not more than $50 for each Day or portion thereof for each worker paid
Jess than the prevailing rates as determined by the Director for the Work or craft in which the worker
is employed for any Work or by any subcontractor under the Contractor. The amount ofthjs penalty
shaH be determined by the Director based on the factors set forth in section 1775. In addition to such
penalty, the difference between such prevailing wage rates and the amount paid to each workman
for each Day or portion thereof for which each workman was paid less than the prevailing \o'iage rate
shall be paid to each worker by the Contractor and maybe withheld by the League and deducted from
amounts otherwise earned by the Contractor hereunder.
(c) Pavrol] Records. The Contractor's attention JS directed to the
provisions of Labor Code section] 776, a portion of which reads as follows:
"(a) Each contractor and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other empJoyee employed by him or her in
connection with the public work. Each payroll recurd shall contain
...,
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or be verified by written declaration that is made under penalty of
perjury, stating both of the following:
(1) The information contained in the payroll record is true and
correct.
(2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 of the Labor Code for any work performed by
his or her employees on the pub] ic works project.
"(b) The payroll records enumerated under subdivision (a) shall be
certified ar.d shall be available for inspection at aJ] n~asonabJc hours
at the principai office of the contractor on the following basis:
(1) A certified copy of an empJoyee's payroll record shaH be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
(2) A certified copy of all payrolJ records enumerated in subdivision
(a) shalJ be made available fo;- inspection or furnished upon request
to 3 representative of the body 3\varding the contract, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards of the Department of Industrial Re!ations.
(3) A certified copy of all payroJ] records enumerated in subdivision
(a) shall be made available upon request by the public for inspection
or for copies thereof. However, a request by the pubJic shall be made
through either the body a\varding the contract, the Division of
Apprenticeship Standards, or the Division of Labor Standards
Enforcement. lfthe requested payro!l records have not been provided
pursuant to paragraph (2), the requesting party shall, prior to being
provided the records, reimburse the costs of preparation by the
contractor, subcontractors. and the entity through which the request
was made. The public sha!l not be given access to thc records at thc
principal office of the contractor.
"(c) The certified payroll records shall be on forms provided by the
Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division.
"(d) A contractor or subcontractor shall fi]e a certified copy of the
records enumerated in subdivision (a) with the entity that requested
the records within 10 days after receipt of a written request.
"( e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
4
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awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement shall be marked or
obliterated in a manner so as to prevent disclosure of an individual's
name, address, and social security number. The name and address of
the contractor awarded the contract or the subcontractor performing
the contract shall not be marked or obliterated.
"( f) The contractor or subcontractor shall inforÏ11 the body awarding
the contract of the location of the records enumerated under subdivi-
sion (a), including the street address, city and county, and shaIJ,
within five working days, provide a notice ora change of location and
address.
"(g) The contractor or subcontractor shall have 10 days in which to
comply subsequent to receipt of written notice requesting the records
enumerated in subdivision (a). In the event that the contractor or
subcontractor fails to comp!y within the 10-day period, he or she
shall, as a penalty to the state or political subdivision on whose behalf
the contract is made or awarded, forfeit twenty-five dollars ($25) for
each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards
Enforcement, these penalties shall be withheld from progress
payments then due. A contractor is not subject to a penalty assess-
ment pursuant to this section due to the failure of a subcontractor to
comply with this section."
The Contractor shaH be responsible for seeing that his subcontractors comply with
these provisions. The penalties specified in Labor Code section] 776 for noncompli-
ance therewith may be deducted by the League from any monies due or which may
become due to the Contractor. The payroll shall be accompanied by a "Statement of
Compliance" signed by the employer or his agent under penalty of perjury indicating
that the payrolls are correct and complete and that the wage rates contained therein
are not !ess than those required by this agreement. The Contractor sha]! be
responsible for the submission of copies of payroJls of all subcontractors. The
Contractor and each subcontractor shall preserve their payroJI records for a period of
three years from the date of completion of this Agreement.
6. Insurance.
(a) Automobile Liability Insurance. The ConLractor shall provide
automobile liability insurance on an occurrence basis for bodily injury, including death, of one or
more persons, property damage and personal injury with limits of not less than $1 million per
occurrence. The policy shall provide coverage for owned, non-owned and hired autos. The policy
shall contain an additional insured endorsement in favor of the League, its agent, employees, officers
and volunteers.
5
-o·V:!1/1)4
10::¡S FAX 661
322 .6
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[4} 005 ..006
(b) Broad F onn Commercial General LiabiJitv Insurance. The Contractor
sh21l provide broad form com:nercial general liability insurance on an occum~n~e basi~ fo~ b~diJy
injury, including death of one or more persons, property damage and personallIlJ1.1IY, mID lUDlts of
not less than $1 million per occurrence and the policy shall provide contractual liability coverage for
the terms of this agreement, and contain an additional ID.5'".lI"ed endorsement L'1 favor of the League,
its agents, employees, officers and volunteers. .
(c) Workers' Compensation Insurance. The Contractor shall provide
workers' compensation insurance with statutory limits and e:nployer's liability insurance with limits
of not l~ss than $1 mitiion per occurrence and the policy shall contain a wa.iver of subrogation in
favor of the League, its officers, agents, employees and vo1unteers.
(d) Contractor's Pollution Liability Insurance. The Conlractor shall carry
Contractor's Pollution Liability insurance with combined single limits of at. least S 1 million covering
claims for personal injury and property damage from release of or exposure to asbestos.
(e) All polici~s r~quired ofth<: Contractor shall be primary insurarJc~ as
to the League, its officers, agents, employees and volunteers, a...'1d any L"1.SUTanCe or self-i!1surance
maintained by the League shall be in excess of the Contractor's insurance and shall not contribute
with it. Except for workers' compensatioJ:1, all insurance shall be placed with insurers with a Bests'
rating no less th.an A: V. All policies shall contain an endorsement providing the League with 30
day's prior vmtten notice of cancellation or material change in policy language or terms. All po Ii ties
shall provide that there shall be continuirlg liabi1ìty thereon, notv.rithstanding any recovery on any
policy. Copies of policies shall be delivered to the League on d~mand. The insurance required
hereunder shall be maintained until all work required to be performed u.nder tÞis agreement is
satisfactorily completed as evidenced by vvritten acceptan~ by the League. The Contractor shall
furnish the League with certificates of insurance an¿ required endorsementS evidencin.g t1:2.t Ù1e
League is an additional named insl,¡I'ed unde: the insurance policies required hereu."1der within ten
days after execution of this agreement.
7. . Payment of Taxes. PeIT!1.i!s and Licenses. The contract price set forth iL
paragraph 2 above includes full compensation to the Contractor for all ta.xes, permits, licenses and
other fees which the Contractor is required to pay in o:Ù: to perform Ll1e worK.
8. Responsibilitv for Damage. The Le~Je, its offic~rs, employees, agentS and
volunteers shall not be answerable, responsible or aCCOu:ltable in any man...,er for any loss or damage
that may happen to the work or any part thereof, for any loss or damage to any 0 f the materials or
other things or empJoyed in performing the work, for irJury to or death of any person, either
workmen or the public, or·for damage to propæy from any cause which might have been prevented
by the Contractor, its workmcn or anyone empJoyed by the Contractor. The Contractor shan be
responsible for any liability imposed by law and for injuries to or death of any person, including but
not limited to workmen and t.>"e public, or damage to property resulting from defects or obstructions
or from any cause whatsoever during the progress of the work or at anVLilne before its comDle~iorl
and final acceptance. The Contractor shall indemnify, defend :.n¿ hold the League harmless, '3.n¿ all
its officers, employees, agents and yolunteers, from aU clÚms, suits or actions oÎ every nam~, kind
and description, brought for.h, or on account of, injuries to or death of any person, induCing bt¡t not
limited to workmen and the public, Or damage to property resulting from the performance of L">-ùS
agreement, accept as otherwise provided by law. Tnc Contractor's duty to indemnify and hold the
League harmless applies regaJ"dless of the existence or degree of fault or negllgence on the part of
the League, its officers, employees, agents and volunteers.
(Rc:"i~t:Ò 4·2: -(4)
6
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9. Contractor's Responsibility for the Work. Until finaJ acceptance of the work
by the League, the Contractor shall have full charge and care of the work and all materials and
equipment to be used therein, and shall bear the risk of injury, Joss or damage to any part thereof by
action of the elements or from any other cause, whether arising from execution of or from 110n-
execution of the work.
10. Conditions Precedent. AI! of the League ',s obligations hereunder are expressly
subject to the following two conditions precedent:
(a) First, the League shall have no obligation hereunder unless and t:ntil
the League's escrow closes and the League becomes the legal owner of the building; and
(b) Secondly, the League shall have no o~ligation hercunàer unless and
until the League's application for the Grant is approved and the Grant is funded by the United States
Environmental Protection Agency and the RDA in an amount sufficient to cover the contract price
hereunder.
11. Incorporations Bv Reference. The telms and provisions of that certain written
agreement between the League as "Subgrantee" and the RDA pertaining to the grant anè completion
of the work, a draft copy of which is attached hereto as Exhibit B, are hereby incorporated by
reference. The Contractor hereby promises to comply with and perform an provisions of such
agreement relating to (1) performance of the work, (2) compliance with laws, (3) record keeping and
(4) indemnity.
12. Notices. Any notice, request, tender, demand, de]jvery, approvaJ or other
communication provided for, required or arising under this agreement shall be in writing and shall
be deemed if delivered in person to an individual or to an officer of a corporate party or if mailed,
three business days following deposit in the United States mail, and Registered 0:- Certified, Return
Receipt Requested, postage prepaid, addressed to the League at ] 216 "0" Street, 13akersljckL
California 93301 with copy to James R. Parker, Jr., Esq., Kuhs, Parker & Hughes, P.O. Box 2:205,
Bakersfield, California 93303, or addressed to Contractor at
13. Assignment. The Contractor shall not assign this agreement in \vhoIe Oï in
part and any such assignment shall be null and void and shall constitute at the Leagues' election a
material breach by the Contractor as of this agreement.
14. Attorneys Fees. The prevailing party in any litigation concerning this
agreement shall be entitled to recover reasonable attorneys fees.
IS. Entire Agreement. This agreement supercedes any and aU other agreements,
either oral or in writing, between the League and the Contractor with respect to the subject maner
hereof and contains all of the covenants and agreements between the parties with respect to such
matter. The League and the Contractor hereby acknowledge that no representation, inducement,
promise or agreement, oral or otherwise, has been made by any party or anyone acting on beha!f of
7
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any party. which are not embodied herein and that no other agreement, statement or promise not
contained in this agreement shall be valid or binding.
IN WI1NESS WHEREOF, the League and the Contractor have caused this agreement
to be executed as of the date and year first hereinabove written.
ASSISTANCE LEAGUE OF
BAKERSFIELD
By
Barbara Sandrini, President
~
, President
By
Janet DeWitt, Secretary
ByJ~R2 t
Paul A. Lane
------
, Secretary
"League"
"C ontractor"
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State of California
Department of Industrial Relation!
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
Certificate No.
Certificate of Registration
for
Asbestos-related Work
019
PROFESSIONAL ASBESTOS REMOVAL CORP. dba
--..eARCJrn)llR.O_11ME.NIALC_O~Lo.liS_
(No..... of'Emphyer)
is duly re~is¡ered by the DivisJor. cfOccupatior.al SaÎt:ty and Hu.ith in accorðar.ct: ....ith the C.alifornia Ad:l1inimttve Cede. Title 8,
Aniclc 2.5 for ôlSbcsto:l-n:I:lted worle.
~xpiralion Date
20-Dee-04
19-Dec:-03
Date ()f Is.sulI!1cc
fø./Jí J/J
F.fft:ctlve Dac 2 t - Dec-03
This registrar:ion is valid only when the foHowing rcq~ir~enrs and conditions are met:
I. The regiStered employer sha] safdy perform asbestos-related work in compliance with relevant
occupational safety and health regulaJ:ions.
2. The registered employer shall notify the Division of changes in work location s or conditions as
~ ecified by Seaion 341 ,9 ofTitJe 8 of the CaJiforr:ia Adr:1 inistrative Cede.
3. The registered employer shall post a sign readable at 20 feet at the location of any asbestoNe!;¡ted
work stating:
Contrnctor's Lit:ensc No.
501913
Danger-Asbestos
C;¡ncer and Lung Haz:ard
Authorized Person nel Only
4. A COpy of the registration sha1l be posted at the jobsite beside the Cal-OSHA pester.
5. The regisn:red employer :i1all provide a copy of this registration eertificate to the prime COntr.J.ctor aI1d
any oth er employerS;lt the site before the COm rnenc c::,ent of any asbestos-related work.
6. The reg istered employer shall conduct a safety confe:-ence prior to the commencement of any .
3."bestos-rela~d ......ork as specified by Section 341. J j of Title 8 of the C4¡ifornia Ad!ninstrativc' Code.
7. The registered employeracknow ledges 1h e DiviSion's right to revoke or SUSpend ¡his regjstrario n <IS
provided by Section 34l.J 4 oftit!e 8 ofrhe C¡¡Jifomia Admirlistrstive Code.
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Slate Of California
~~:.. CONTRACTORS STATE LICENSE BOARD ~... ""::~'(.
C¥\:_.. ACTIVE LICENSE : ,,:
OI1"'Umcr ~
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.........
l"m....,"_ 501913 E~.,- CORP
e",m...><>_ PROFESSIONAL ASBESTOS REMOVAL
CORPORATION DBA PARC
ENVIRONMENTAL
C.I.....~..~(. C33 C-2 ASB B HAZ C21 A HIC
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Any ch¡¡nçe of business ¡¡ddresslname must ~ reported to the R"Çls:;¡¡r '.""thin 90 days i
!
ThIS license is nollransterrable. and shall be returned to the Registrar
upon demand when suspended. revoked. or invalidated lor any reason.
This pocket card IS valid through the expiration date only.
It found. drop ,n ùny m¡¡,ltxn.
Pos:¡¡ge gu¡¡ranleed bv
ÇOnlr~:ors St;¡te License SoolTd
POBox 26000
~;7~
Licensee Sçn¡¡bJre
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-
BAKERSFIELD
FIRE DEPARTMENT
MEMORANDUM
DATE:
Don Anderson, Real Property Manager
Finance DepL - Property Management Division
March 8, 2004
. TO:
FROM:
Ralph E. Huey, Director
BY:
SUBJECT: Phase I Site Assessment for 1924 Q Street
SUMMARY
A Phase I Environmental Site Assessment has been performed in accordance with the
scope and limitations of ASTM Practice E 1527 for the subject property. There are no
indications of any recognized environmental conditions in connection with the subject
property with the exception of known and/or suspected asbestos containing materials.
RECOMMENDA TION
Asbestos containing materials should be properly removed and disposed of from areas of
the building prior to remodeling or retro-fitting, such as floor tile, wall base mastic and
thermal insulation materials within the boiler room. Roof flashing mastic is not required
to be removed and disposed of until such time as re-roofing may need to occur.
SITE DESCRIPTION
The site consists cUITently of a vacant State of California Employment Development
Department office building.
RECORDS REVIEW
Standard environmental record sources did not indicate the property as being listed under
any environmental regulatory oversight program.
An assessment of asbestos containing materials was conducted at the subject property on
two separate occasions. Environmental Management, Inc. (EMI) prepared an assessment
dated September 13,1988, and Clayton Environmental Consultants, Inc. issued a July 11,
1989 asbestos assessment which also referenced the previous EMI results. Although the
EMI assessment records could not be located, the Clayton assessment did indicate that,
'Y~~w~~p~OPe~ A W~"
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Mr. Don Anderson
March 8, 2004
Page 2
"Samples were not collected of materials that tested positive for asbestos during a
previous building assessment conducted by EMI" (Clayton, p. 5). The only omitted area
likely to contain asbestos materials, which was not subsequently assessed by Clayton, is
the boiler room of the subject property.
In addition to the boiler room omission (which indicates that thermal insulation therein
likely tested positive for asbestos in the previous EM! assessment), the Clayton
assessment indicated the presence of asbestos in vinyl floor tile mastic, wall base mastic,
roof flashing and mastic, and a TransiteT>4 Type B gas vent pipe.
There are two petroleum product pipelines within one mile of the subject property: a 10"
PG&E natural gas transmission line which follows the south side of Golden State
Highway, approximately !12 mile to the north, and a 4" diesel fuel pipeline operated by
Kinder Morgan Energy Partners that runs along the north side of the Union Pacific
railroad tracks approximately !12 mile eastward and terminates at the rail yard on Sumner
St. There are no abandoned oil wells within one mile of the property.
There are no listed federal or state hazardous waste sites within one mile of the property.
The closest known site where a release of petroleum products has occulTed is the former
Pacific Southern Foundry site at 60021 SI Street, approximately 1¡4 mile northeast of the
subject prop~rty. Underground storage tanks (USTs) removed from that site in 1989.
Minor amounts of diesel impacted soil was over excavated and aerated on site. The
remedial actions were completed in 1991.
The closest known groundwater contamination site is under McKinney's Air
Conditioning located at 2323 R Street, approximately 114 mile north of the subject
property. A 500 gallon gasoline UST was removed from that site in 1988. Gasoline was
determined to have leaked into the groundwater and the groundwater continues to be
monitored at this time, after soil vapor extraction has already been performed on the site.
The closest Underground Storage Tank (UST) is located at the Downtown Chevron
Station, 2317 L Street, approximately Y2 mile northwest of the subject property. This site,
like McKinney's (above), is known to have gasoline impacted groundwater beneath their
respective sites. The on-going groundwater investigations and clean-ups at these sites
will not affect the use of the subject property.
SITE RECONNAISSANCE
A physical inspection of the property was conducted on March 5, 2004. There were no
indications of any haiardous waste disposal.
e
e
Mr. Don Anderson
March 8, 2004
Page 3
AERIAL PHOTOGRAPHY
City of Bakersfield aerial photographs for the subject property were reviewed. The
property was multi-family residential prior to becoming governmental office space.
FINDINGS
There are no indications of any recognized environmental conditions in connection with
the subject property with the exception of known and/or suspected asbestos containing
materials.
RECOMMENDATION
Asbestos containing materials should be properly removed and disposed of from areas of
the building prior to remodeling or retro-fitting, such as floor tile, wall base mastic and
thermal insulation materials within the boiler room. Roof flashing mastic is not required
to be removed and disposed of until such time as re-roofing may need to occur.
Attachment·
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.. ..,-- .......-
. ...---'-
/
/
/
/
./
-......
1252 Quarry lane · Pleasanton. California 94566 . (415) 426-2600
Assessment of Suspect Asbestos-Containing
Materials
EmploYment Development Department
Bakersfield, California
or
Office of the State Architect
Clayton Project No. 24089.00
July 11, 1989
Gi.J~;N~:)S SëRVICëS Ci\i5jCN
crNTRA L OFFIce
'JUt t ß 1989
REC'D
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CONTENTS
Pa~e
1.0 INTROD UCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 SUMMARY AND RECOMMENDATIONS .......................... 2
2.1 SUMMARY OF ASSESSMENT.... .. . . .. . . . .. . . . . . . . . .. ... . . . . . 2
2.2 RECOMMENDATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.0 NOTIFICA TIONS ............................................ 3
4.0 STANDARDS AND GUIDELINES ............................... 3
5.0 RESULTS AND DISCUSSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5.1 SOURCES OF INFORMATION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5.2 DESCRIPTION OF BUILDING /BUILDING USE. . . . . . . . . . . . . . . . . . . . . 4
5.3 DESCRIPTION OF ASSESSMENT ......... . . . . . . . . . . . . . . . . . . . . . . 5
5.4 RESULTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Appendices
A BULK SAMPLING ANALYTICAL RESULTS
B SAMPLING LOCATIONS
C ANALYTICAL METHOD
D PRECAUTIONARY MEASURES FOR ROUTINE MAINTENANCE AND
REMODELING OPERATIONS
E TOXICOLOGICAL INFORMATION
F ESTIMATED COST FOR ABATEMENT OF ASBESTOS-CONTAINING MATERIAL
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Assessment of Suspect Asbestos-Containing
Materials
at the
Employment Development Department
Bakersfield, California
for
Office of the State Architect
Clayton Project No. 24089.00
July 11 , 1989
.' . Clayton Environmental Consultants, Inc.
1252 Quarry Lane . Pleasanton, California 94566 . (415) 426·2600
1.0 INTRODUCTION
Mr. Robert Siu. Project Architect for the Office of the State Architect, authorized Clayton
Environmental ConsultaDtS. Inc. to conduct an assessment of suspect asbestos-containing
materials in tbe Employment Development Department. 1924 Q Street. Bakersfield, California.
The scope of the services provided by Clayton is described in our proposal dated May 2. 1989.
wbich includes an explanation of the terms and conditions under which the work was provided.
A description of the assessment conducted is provided in Section 4.3 of this repon.
On June 15, 1989, Mr. Joel Leong, Senior Engineer at Clayton, conducted a walkthrough
assessment of the building. Mr. Leong recorded the areas of tbe building inspected. as well
as areas where materials suspected oC containing asbestos were located.
This walkthrough assessment provided a visual record of the readily accessible portions of the
building.
When materials suspeçtcd of containing asbestos were found, a bulk sample was collected from
each homogeneous material. Areas with similar-appearing materials were identified and
recorded. The Clayton laboratory analyzed the samples for asbestos content using the technique
of polarized light microscopy (PLM) and following the EP A PLM protocol for determining
asbestos fibers in bulk insulation materials.
NOTE: Materials which tested positive for asbestos during a previous assessment by
Environmental Management, Inc. (EMI) were not sampled during this survey.
Appendix A presents bulk sample analytical results. Appendix B provides a floor plan of tbe
sampling locations. ~ppendix C briefly describes the analytical method used. Appendix D
summarizes precautionary measures for routine maintenance activities and remodeling
operations. Appendix E describes the health hazards associated with asbestos exposure.
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2.0 SUMMARY AND RECOMMENDATIONS
The following summary and recommendations are based on the results of analyses of samples
collected and on Mr. Leong's subjective observations.
2.1 SUMMARY OF ASSESSMENT
Samples of suspect asbestos-containing materials were collected in the building. Analysis
indicated the presence of asbestos in vinyl asbestos floor tile mastic, wall base mastic, roof
flashing and mastic, and a transiteTW Type B gas vent.
2.2 RECOMMENDATIONS
2.2.1 Asbestos Control and Manuement
The asbestos-containing materials identified during this assessment, in their present
condition, are not friable. The potential for fibers becoming airborne is limited except
during renovation or remodeling operations involving removal, scraping, cutting, grinding,
sawing, drilling, sanding, or otherwise disturbing these materials.
We understand that remodelling activities planned for this building may disturb some of
these materials. Cenain precautions should be taken to minimize exposure to personnel
performing this work and prevent contamination of adjacent building areas. These
precautions are summarized in Appendix D.
We recommend that affected asbestos-containing materials be removed by a qualified
asbestos abatement contractor using appropriate precautions prior to remodelling activities
that may disturb the materials. We will be available to work with you to specify the most
appropriate asbestos removal work practices and procedures.
In the interim, steps should be taken to prevent the potential release of fibers by
maintaining these materials in good repair. These materials should be examined and
repaired regularly to prevent the release of fibers. In addition, an effective asbestos
management program should be implemented that would include taking precautions to
protect employees during routine maintenance.
2.2.2 Renovation/Demolition
The U.S. EPA requires that asbestos-containing materials (1% or greater asbestos content)
be removed prior to demolition of a building.
During (enovation and demolition operations, it is possible that materials may be uncovered
which are different from those sampled during this assessment. Personnel in charge of
renovation or demolition should be alerted to note materials uncovered during these
operations which differ substantially from those included in this assessment. Additional
sampling should be performed to determine the composition of" the materials.
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3.0 NOTIFICA TIONS
On January I, 1989, Assembly Bill 3713 mandated a significant addition to the California
Health and Safety Code that affects owners of buildings constructed prior to 1979. The bill
details notifications requirements for owners of buildings that contain aSbestos-containing
construction materials (ACCM). The bill requires that owners provide written notices to
employees, contractors, and lessees concerning specific matters related to ACCM. The notice
must include (1) existence of, conclusion from, and contenLS of asbestos building surveys; (2)
specific locations of ACCM; (3) general procedures and handling restrictions to m~nimize
asbestos disturbance¡ (4) results of any bulk analysis or air monitoring conducted; and (5)
potential health risks associated with asbestos exposure.
For nonfriable materials (Le., material is limited to bonded asbestos in the material where the
asbestos fibers are completely encapsulated), such as asbestos-containing vinyl floor covering,
notice must include (1) information described in items 1 and 2 in the preceding paragraph and
(2) information to convey that the activities described in Section 2.2.3 relating to removing,
sanding, scraping, etc. are restricted and should not be performed by unqualified employees.
The bill also requires the posting of warning notices in building areas where construction,
maintenance, or remodeling may create a release or disturbance of ACCM. The warning notice
must contain the information specified below:
CQU/;Oll.
Asbestos. CQIICeT QIUI LUllg DiseQse HaZQTd.
Do NOl Disturb Without Proper TTGilling aNi Equipmelll.
Because ACCM was identified during this assessment, we recommend that you inform persons
affected in accordance with the provisions of this regulation.
4.0 STANDARDS AND GUIDELINES
The Occupational Safety and Health Administration (OSHA) standards and guidelines apply to
employees. The OSHA asbestos standard mandates a permissible exposure limit (PEL) of 0.2
fibers (longer than S micrometers per cubic centimeter of air (f Icc) determined as an 8-hour
time-weighted average (TWA) and an excursion limit of 1 flcc as a 30-minute 1WA. The
OSHA action level is 0.1 flee, the level at which medical monitoring and other activities are
req uired.
Under its AHERA regulations for schools, the EPA recommends performing clearance air
sampling after a response action involving asbestos-containing materials. The EPA's clearance
criteria are based on statistical comparison of airborne asbestos concentrations inside a work
area against those outside the work area. Where phase-contrast microscopy (PCM) is an
acceptable analytical method, the EPA has recommended 0.01 flee as a limit for airborne fiber
concentrations.
In addition to these exposure criteria, the U.S. EPA National Emissions Standard for Hazardous
Air Pollutants (NESHAPS) (40 CFR 61, Subpans A and M) must also be followed during any
maintenance or renovat!on activities which might disturb the asbestos-containing materials.
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The state of California also has specific regulations regarding asbestos, California standards
for tbe workplace are issued primarily by the Division of Occupational Safety and Health
(DOSH). Specific asbestos requirements are contained in Title 8 of the California Code of
Regulations (CCR) and in the California Health and Safety Code, Effective January 1, 1989,
an addition to the California Health and Safety Code mandated by AB 3713 requires building
owners to provide written notice to employees and other persons concerning specific matters
related to asbestos.
The EPA has limited the asbestos content of some materials to I percent, however, asbestos has
not been eliminated from all manufactured building materials. Tberefore, tbe age of a building
or remodeling project cannot be Ihe basis for assuming that a material does not contain
asbestos.
5.0 RESULTS AND DISCUSSION
5.1" SOURCES OF INFORMATION
We reviewed the following documents in connection with this project:
· Previous assessment by Environmental Management, Inc. (EMI) dated September 13, 1988
· Blueprints T-l, A-I to A-4, M-l and M-2, E-l and E-2, OSA, Project Manager: Bob Siu;
Project Title: Building Modifications
During the course of the assessment, the following individuals provided information or
assistance to the Clayton investigator:
~
Affiliation
Roben Siu
Jim Wallace
Office of the State Architect
Employment Development Depanment
The information and documents supplied to Clayton during the course of this project were
assumed to be complete, true, and correct and were relied upon by the Clayton investigator.
The findings presented herein must be reviewed giving due regard that tbe assessment,
inspection, and sampling procedures contain inherent limitations, as is tbe case with any
sampling procedure, and were conducted based on observations that were visually apparent at
the timc of the inspection of the site.
5.2 DESCRIPTION OF BUILDING/BUILDING USE
The single Story building is of a combinatiOD wood frame and structural steel construction witb
an addition of approximately 6,500 square feet. The entire building is approximately 12,325
square feet. There is a boiler room in the basement and a mechanical room in the addition
which provides roof access. .
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5.3 DESCRIPTION OF ASSESSMENT
The Clayton investigator inspected the building for suspect asbestos-containing materials, such
as those listed below:
Thermal Insulation
· Pipe wrap
· Fittings, elbows, joints
· Duct insulation
· Heat shields
· Insulation on chillers, heaters, boilers, and air conditioning units
Surfacing Materials
· Fireproofing
· Acoustical plaster
· Decorative plaster, wall and above ceiling
· Spray-applied insulation
MJscellaneoUJ Materials
· Floor. tiles wall base mastic
· Ceiling tiles and mastic
· Wallboard/dry wall/sheetrock
· Transite TW, board/pipe
· Vibration dampering material in ducts
· Wall covering mastic
· Roofing materials
II must be noted that our assessment was limited as follows:
Samples were not collected of materials that tested positive for asbestos during a previous
building assessment c9nducted by EMI.
5.4 RESULTS
Our assessment resulted in the collection of samples of materials for testing. As detailed in
Appendix A. asbestos was identified in the material we tested.
Analysis of the 9-by 9-inch vinyl asbestos floor tile mastic samples detected 10 percent
chrysotite asbestos. Analysis of the wall base mastic samples detected 2 percent chrysotile
asbestos. Both materials were sampled in the building addition and are assumed to be
homogeneous throughout the building. Asbestos was not detected (less than 1 percent) in a
sample collected of the ceiling tile mastic above the grid ceiling in the addition offices and a
sample collected of the wall covering mastic. .
Analysis of the roof flashing and mastic materials on the building addition and the gap between
the original building and the addition detected chrysotile asbestos in concentrations ranging
from 1 to 3 percent. Analysis of the Type B gas vent through the roof of the original building
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detected 2S percent cbrysotile asbestos. This was the only transiteTU gas vent observed on the
roof.
Additional sample analysis of dry wall joint compound, sheetwork wall core, plaster and lath
wall, and ductwork joint màterial, did not detect the presence of asbestos (less than 1 percent).
It is not unusual to find variation in results for the same material, since the asbestos may be
unevenly distributed in the matrix. For this reason, if one sample of a material indicates tbe
presence of asbestos, the material should be treated as asbestos-containing, even if· other
samples are negative.
This repon prepared bY:~~
I Leong, P.E.
Senior Engineer
Thi~ report approved by:
July 11, 1989
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APPENDIX A
BULK SAMPLING ANALYTICAL RESULTS
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The tables in Appendix A include the foUowing information.:
A. Material Sampled
A pbysical description of the material sampled in tbe assessed building or structure.
B. Location of Material ill BuildiDg
Tbe location of the material (e.g., pipe wrap or joint insulation) in the assessed building
or structure).
C. Amount Asbestos Present
The approJ:Ìmate amount of aSbestos-containing materials present in the building based
on observations, drawings, or other sources of information.
D. Condition
The condition of the material present, whicb was subjectively evaluated by the
investigator (e.g., good, fair, or poor).
E. Accessibl11t)'
The accessibility to the material is evaluated as follows:
· S (Staff-Only) -- materials behind locked doors (e.g., boiler rooms) and materials
above dropped ceilings (e.g., pipe joint wrap)
· M (Moderate) --materials that can be seen but not reached without some eUon
(e.g., high ceilings)
· E (Easy) -- materials within the employees' reach (e.g., low or stairwell ceilings,
wrap on pipes)
F. FrlablUty
The ability of a material, when dry, to be crumbled, pulverized, or reduced [0 powder
by hand pressure. Friability was subjectively evaluated by the investigator as low.
moderate. or high.
G. Field IdentlllcatloD
The first letters in the column are an abbreviation for the client. The number is the
material identification number assigned by the Clayton investigator. At least three
representative samples were collected for each type of friable or suspect material sampled
as material content is not always uniform.
H. Sample Location
The physical location where the sample was collected in the assessed building or
structure.
I. Estimated Percent and Type
The numbers indicate the percent of each type of asbestos present in the sample.
Percentages are not reported for materials not containing asbestos.
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TABLE 1
BUUC SAMPLING ANALYTICAL RESULTS
DcpanmCUI:
BuUdJar- EmploymeDI Developmenl Depanmenl Clicnl: OfTicc 011 he Slale ArchÍlecl
DcsIp d VcotUallOD: Date: June 20. 1989
IDvc:atl.alcr. Jod Leong Project No.: 24089.00
Esllmaled AmOUDt Present PerceDt Asbe$tOlS (+/- SCJt)-
L A
B S C C
" N 0 C C A H C
G D 0 E F M R R
Localioo of Materill T I F N S R 0 y 0 N
Mataûl Slmpled 10 BulldlDI H A T D S 1 Fidd I.D. Simple Locallon S S C D
Millie. '-by '-Inch Throulhoul ßoor 12,325 G S L B-OI Vlealed Iplce, 10
ßoor lile, black addilion
Maslic, will blse, brown Throughout wills unJcoowD G S L 8-02 Vacated 'pace, 2
addillon
lola. compouod. dry Win, Sheet rock wills unknowD G S L 0-03 Vlclled dficc, above X
·cIf-white cellini addltioD
Mlltle, I-by I-foot Througboul ceillnp uDJcnowD 0 S L 11·04 Above &rid ceiling. X
c:dllnl tllc, brown vaealed oIfice, addition
PIIster, oIl-wbile Plallu wal\. abovc ccllinl unknown G S L O-OS Above ceiling. storagc X
room aCUII halch
Joinl malerill, dUClwork, Throughout ductwork unknown G S L 0-06 Above ccilinl, Iloralle X
oIl-wblle room aceas halch
Flasblo., ori,lllll Roof, 'orilinal building unknown F S L 8-07 Southeasl corner roof, X
bulldinl, blaclt original building
MIstle, lip, bllck Gap belween oripnll building 100 p S M 8-08 South side lap
and Iddilion roofs
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Percenl "
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n
0
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· ADlly.1I pc:dormed in accordance wllh EPA Prolocol for asbcstOlS ullng pollrized IIlht mleroaeopy (PLM).
"
G - Good
S - Staa Ooly
H - Higb
- ChrysOlile
a Crocidolile
.. NODe Detected
F - Fair
M - Moderale
. L - Low
p - Poor
E - Ea.y
Dil
Sq FI
Cond
Diameter
Square Feel
.. Condllion
Access
Fri
Amos
- Accesslbilily
Friabilily
Amosite
Cbryl
Croc
ND
TABLB 1 (CONTINUED)
BULK SAMPLING ANAl. YTICAl. RESULTS
DepartmcDt:
BuDclJD¡:
DcaJp tl VcøUI.tloll:
IDvatJptor:
Employmeø' Devdopment Depulmenl
Clienl:
D.le:
Project No.:
Joel Leong
Office of Ibe SIBle Archilccl
June 20, 1989
24089.00
Estimated AmOUDI Preseot
L A
E S C
N Q c C
G D 0 B F
Location tl Malerial T I F N S R
M.tedal Sampled I 10 BulldJD, H A T D S I field I.D.
0.. veDl, Type B, ".y One Ibroull! rod, orilinal unknown F S 1. 0-09
buildinl
Aashlø&. .dditioD, black Root, .ddilioD unknown F S L D-IO
Tar rod, bl.ct Root, addi'ioD 6,SOO F S L D-II
Millie, 11'.11 covcrlnl, Conference room untnowø G S L D- 12
browø original bulldiDI
Sheel rock wall core:, Throulhoul buildin¡ unknown G E L B-B
while
Pllller 11'.11 core, wblle Throughoul buildlnl unknown F E L 0-14
Pcn:enl Asbalœ (+/- S,,)"
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S.mple Loca'ion
A
M
o
S
C
H
R
Y
S
N
D
(
:
TOlal ~
Percent r;
.A&bcslœ
~
Î.
o
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C
C
R
o
C
Root, orillnal 25
buildinlloulh ,ide
Root, addilion, 3
lOulh side
Root, addÌlion X
loulh aide
Conferenc:c room X
original buildin¡
Vacated spIce X
addillon
V',cIled 'pace X
addllion
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· Analysis performed In accordance wilb EPA Pro,oco/ Cor .sba'os using polarized lilhl microscopy (PLM).
o - Good
S - 51aa Only
H - Hi,b
F - F.ir
M - Moderale
L-LOw
P - Poor
E - EIlY
Dia
Sq FI
Cond
Diame'er
Square Feel
Coodition
Access
Fri
Amos
.. Accosibilily
Fria bili , y
Amosi'e
·
·
·
Chrys
Croc
ND
.. Cbryso'ie
Crocidoli'e
None De'ec'ed
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APPENDIX B
SAMPLING LOCATIONS
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8-07
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NOTE:. Drawing not to scal.
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APPENDIX C
ANAL YTICAL METHOD
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METHOD OF ANALYSIS FOR BULK ASBESTOS USING
POLARIZED LIGHT MICROSCOPY (PLM)
When a bulk asbestos sample is received, several representative ponions of the sample are
removed and put into a labeled petri dish. The sample pans are examined through a
stereobiDocuIar microscope and fibers are extracted using forceps. These extracted fibers are
then placed on a microscope slide and mounted using a refractive index solution [high
dispersion (HD) CargiUe liquid}.
After being mOunted, the fibers are identified using PLM, supplemented by dispersion
staining1. After fiber identificatioD by PLM, an estimation is made as to the percentage
(area) composition of asbestos. The estimated percentages are ba~d on size, number, shape,
and density of each of the components, and comparison to a standard set of samples
previously quantitated by the interim Research Triangle Institute (RTI) methodz.
1 McCrone, Walter C., The Asbestos Panicles Atlas. Ann Arbor Science Publishers, Inc., 1980.
2 Research Triangle Institute, -Interim Method for the Determination of Asbestifonn Minerals in
Bulk Insulation Samoles: Page 8 to 12, 1982.
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APPENDIX D
PRECAUTIONARY MEASURES FOR ROUTINE
MAINTENANCE AND REMODELING OPERATIONS
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PRECAUTIONARY MEASURES FOR ROUTINE
~INTENANCE AND REMODELING OPERATIONS
A. MaIDtenaDce Activities
The following precautions should be taken whenever maintenance activities may potentially
disturb or release asbestos fibers. Many of these precautions are required by the Occupational
Safety and Health Administration's (OSHA) new asbestos standard contained in the Code of
Federal Regulations (29 CFR 1926.58).
Maintenance activities should be performed when the affected area is unoccupied. If any
asbestos-containing materials have been dislodged during maintenance work, the affected area
should be cleaned with a vacuum system equipped with high efficiency particulate air (HEPA)
filters. Accumulations of asbestos dust should be cleaned up with a HEPA vacuum or by wet
mopping. Dry sweeping causes fibers to become airborne..
Persons performing maintenance work sbould be monitored to determine their exposures to
asbestos fibers. Maintenance personnel should be provided with and required to wear
respirators approved by the National Institute for Occupational Safety and Health (NIOSH).
Each maintenance employee should be trained in the correct use and maintenance of these
respirators, evaluated by a physician to determine his or her ability to use a respirator and be
fit-tested to determine that the respirator selected will provide adequate protection for that
individual.
Maintenance workers should receive instruction in the potential health effects of asbestos and
in safe work practices, including what precautions to take to minimize disturbance of the
asbestos-containing materials.
B. Renovation Activities
Any plans for building renovation should be carefully evaluated to determine if such activities
will involve disturbance of asbestos-containing material; if so, the following precautions should
be taken.
A11y work involving 100 square feet or more of aSbestos-containing materials must be
performed by a contractor certified by the Contractors' State License Board and registered by
the Calüornia Division of Occupational Safety and Health to perform asbestos-related work.
The renovatioD area should be isolated from the remainder of the facility. Typically, this
involves the construction of a temporary plastic barrier with an "air lock" for worker entry.
Ventilation in the zone should be temporarily isolated (the aif movement system between the
renovation area and neighboring areas should be shut off) and an exhaust fan should be used
to place the renovation area under a slight negative air pressure in relation to the rest of the
facility. The fan should exhaust out-of-doors and be equipped with a HEPA filter.
All persons entering the renovation area should be provided with and required to use NIOSH-
approved respirators and disposable coveralls and caps. Requirements for fit-testing and
medical evaluation as described above for maintenance workers also apply to renovation
workers. Air monitoring should be performed routinely around the perimeter of the
renovation area to ensure tbat asbestos fibers are not released into other areas of the building.
Personal sampling should also be conducted to evaluate potential exposures of renovation
workers to asbestos and to determine the type of respiratory protection required.
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Construction debris that may contain asbestos must be sealed in impermeable containers,
labeled. and disposed in accordance with U.S. EPA and OSHA requirements.
Warning signs must be posted around the renovation area. These signs must meet current
OSHA requirements.
Whenever possible, the aSbestos-containing materials should be welted prior to any disturbance
to reduce asbestos fiber emission. Prior to dismantling the barriers at the completion oC work.
the area should be cleaned thoroughly using wet mops or vacuums with HEPA CUters.
Clearance air sampling sbould be conducted at tbis time to ensure that asbestos concentrations
are at or below 0.01 fibers (longer than 5 micrometers) per cubic centimeter oC air (C Ice). The
0.01 flee limit is the EPA recommended clearance criterion Cor reoccupaney after construction
activities involving asbestos-containing materials.
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APPENDIX E
TOXICOLOGICAL INFORMATION
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ASBESTOS
Asbestos is a generic term referring to various fibrous mineral silicates, including chrysotile
(hydrated magnesium silicate), amosite (iron-magnesium silicate), crocidolite (sodium-iron
silicate), tremolite (calcium-magnesium silicate), anthophyllite (another iron-magnesium
silicate), and actinolite (ca1cium-magnesium-iron silicate).
The potential health hazards associated with exposure to asbestos result from inhaling the
airborne fibers. Small asbestos fibers can pass readily through the upper respiratory tract and
be deposited in the terminal bronchioles of the lung. Once there, they can produce a local
irritation, which the body attempts to overcome by initiating a tissue response. This response
includes encapsulation of the fibers and consequent formation of "asbestos bodies." Asbestos
fibers are the causative agents in cases of asbestosis, a progressive disease characterized .by
diffuse interstitial fibrosis. and. at Umes, pleural changes of fibrosis and calcification.
Clinical signs of asbestosis include rales and dyspnea. In its severe form, asbestosis can
contribute to, and result in, death by inhibhing the body's ability to obtain oxygen, and the
hean's ability to pump blood through the asbestos-scarred lungs.
Exposure to airborne asbestos fibers has also been associated with bronchogenic carcinoma
(a malignancy of the interior of the lung), mesothelioma (a diffuse malignancy of the lining
of the chest cavity or abdomen). and cancer of the stomach, colon. and rectum. Cigarette
smoking can enhance the incidence of bronchogenic carcinoma.
In order to protect workers from such occupational hazards. the Occupational Satety and
Health Administration (OSHA) has established a permissible exposure limit of 0.2 fibers
(longer than 5 micrometers) per cubic centimeter of air (flee) as an 8-hour, time-weighted
average (TWA) concentration limit. This OSHA standard also specifies an action level of 0.1
flee of air averaged over an 8-hour workday and an excursion limit of I flee over a 30
minute period. The National Institute for Occupational Safety and Health (NIOSH) has
recommended an 8-bour, TWA exposure limit of 0.1 flcc, with a peak concentration limit
of O.S flee based on a IS-minute sampling period.
The American Conference of Governmental Industrial Hygienists (ACGIH) has adopted 8-
hour, TWA threshold limit values (TL Vs), which vary according to the type of asbestos.
They are listed as follows:
Amosite:
Chrysotile:
Crocidolite:
Other forms:
0.5 flee
2.0 flee
0.2 flcc
2.0 flee
ACGlli lists all forms of asbestos under the category of human carci~ogens.
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ASBESTOS
TESTING
LABORATORY
6723 Meany Avenue, Suite D, Bakersfield, CA 93308 (661) 588-1116
Bulk Asbestos Analysis
Final Report
Client: c;ny OF BAKERSFIELD
1715 CHESTER AVE
QAKERSFIELD. CA 933C)1
ÂIt.: HOWARD H. WlNES III
Analpl. Report NrJ: 1 ~.30i4 !
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May 3, 2004
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TO: Howard Wines, Office of Environmental Services
FROM:
Assistance League of Bakersfield
-
SUBJECT: Analysis of Asbestos Cleanup Alternatives -1924 Q Street
Engineering Evaluation/Cleanup Activities (EElCA)
Pursuant to the requirements of the EPA RLF funding the asbestos cleanup within the
building at 1924 Q Street, the Assistance League will be acquiring for the relocation of
their facilities, following is a draft of the potential cleanup alternatives for the asbestos
removal. In addition, the Engineering Evaluation/Cleanup Activities (EE/CA) is also
attached in the form of a copy of the Request for Proposals for asbestos removal along
with the Asbestos Removal Contract.
BACKGROUND
The Assistance League of Bakersfield is a nonprofit organization that has operated for
48 years. Their services to the community include: Operation School Bell which
provides clothing and uniforms annually to 1,500 - 2,000 needy school children;
Operation Opportunity which provides clothing annually to 200 adults who have been on
public assistance, but have received training and are entering the job force; and
operation of the "Bargain Box," a thrift store that generates funds to help pay for these
community services as well as providing a work site for job trainees.
The League is currently located in three separate and adjacent buildings, which are
located in the path of a current redevelopment project that will eliminate substantial
economic and physical blight. The Assistance League's focus has been to remain in the
same general area to provide needed service to the community. The proposed building
at 1924 Q Street, is only about eight blocks away from their existing facilities.
SITE BACKGROUND
The building at 1924 Q Street is the site of the former State Employment Development
Department office. Environmental studies and testing have been completed on the
office site. The Phase 1 study reviewed the historical environmental issues associated
with the office and land parcel. Building materials were tested (see attached testing
results) to determine the presence and levels of asbestos fibers within the various
building materials. The floor tile, mastic and boiler room insulation were found to have
asbestos fibers. Use of asbestos within building materials was eliminated by
regulations in the 1970's, the EDD building was built prior to these regulations. Due to
the floor tiles and mastic's age and deteriorating condition many have been cracked,
damaged and dislodged creating asbestos in a friable condition. Insulation around the
piping in the boiler room has also been damaged and deteriorated, causing the
asbestos to take a friable condition.
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Mr. Howard Wines
May 3, 2004
Page 2
ASBESTOS CLEANUP ALTERNATIVES
There are four basic approaches to the problem:
· Removal: The asbestos-containing material is removed from the building by
qualified professional and, if applicable, state certified and trained personnel and
disposed of by burial in a site specifically approve-d for asbestos.
· Encapsulation: The asbestos-containing material is coated with a penetrating or
bridging sealant to prevent release of asbestos fibers into the air.
· Enclosure: The asbestos-containing material is physically separated from the
building environment by means of erecting permanent airtight barriers.
. Deferred Action: In conjunction with a well defined Operations and Maintenance
Plan, the actual removal, encapsulation or enclosure is postponed to a later date.
Each of the four alternatives has advantages as well as disadvantages to the future
operations of the Assistance League of Bakersfield.
A. Removal
1. Advantages: Eliminates the source of the asbestos. Ends the exposure and
precludes the development of future problems.
2. Disadvantages: Costly, complicated, and time consuming method. Replacement
of the removed material with a substitute material is usually necessary. Greater
potential for exposure of workers to asbestos hazards.
3. When appropriate: When there is a high exposure potential. When the material
is deteriorating, highly accessible, or subject to severe water damage. When
exposed material surfaces exist.
4. When inappropriate: Removal may not be feasible because of the location of the
material and the kind of surface to which the material has been applied, or
because of lack of funds.
This is the preferred cleanup alternative. The Assistance League will be doing
extensive remodeling of the facility to accommodate their numerous programs. Most
interior non-bearing walls will be removed or reconfigured which would further damage
the floor tiles and mastic. Because their programs cater to children coming to their
facility, any level of potential friable asbestos contamination would be unacceptable to
the Assistance League organization, with the complete removal of asbestos materials
the preferred option.
The asbestos cleanup of the building, as to federal and state standards, was originally
estimated to be approximately $50,000.00. The project was put out to bid by the
Assistance League (see attached RFP). Three bids were received and summarized in
the attached memo. Also attached is the low bid for the project by PARC Environmental
at $51,050.00, plus $830.00 for a Post Abatement Air Clearance Survey. In conjunction
with the above analysis, the contract serves as the (EE/CA). This cleanup approach is
the most effective and can be implemented immediately, in keeping with the League's
relocation time schedule.
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Mr. Howard Wines
May 3, 2004
Page 3
B. Encapsulation
1. Advantages: Controls fiber release. Rapid and reasonably economical method.
2. Disadvantages: Source of the asbestos exposure remains in the building. If the
material is damaged or deteriorating, the additional weight of the sealant may
cause layers of the material to break away from the underlying surfaces. A
management system is required. Continuing inspection and maintenance for
damage or deterioration to the encapsulated surface is required, i.e. future
potential for fiber release is possible. Most encapsulants deteriorate over time.
Encapsulated material is very difficult to remove if asbestos removal becomes
necessary in the future (for instance, when the building is eventually remodeled
or demolished).
3. When appropriate: When removal is not feasible. When the material is of low
friability. If the material will still retain bonding integrity after encapsulation.
When damage to the material is not probable. When accessibility to the material
is limited. If the surface in question is complex, making removal difficult. When
there are economic or time constraints. When used as a temporary measure
until funding for removal is made available.
4. When inappropriate: When removal is feasible. When the material is highly
friable. When the material does not adhere well to the substrate. If the material
is deteriorating or damaged. When damage to the material is probable. When
water damage or the potential for water damage exists. When there is high
accessibility. When continuing inspection and maintenance of encapsulated
material is not planned.
This approach is not feasible when additional remodeling will be taking place and the
relocation of their operations must adhere to a short time schedule. Encapsulating the
asbestos in the floor tiles when removing and rebuilding of various walls must occur
would not leave the asbestos encapsulated. With thousands of children, residents and
volunteers accessing the future facility, encapsulating would not guarantee a potential
future release is not possible.
c. Enclosure
1. Advantages: Controls fiber release. Rapid, economical, and uncomplicated
method.
2. Disadvantages: The source of the asbestos remains in the building. Fiber fallout
continues behind the enclosure. Costly if enclosure disturbs functions of other
systems (e.g., enclosure may require lighting changes, mechanical changes,
etc.). A management system for maintenance or renovation is required.
Continuing inspection and maintenance of damage to enclosure system is
required. Construction of the enclosure will normally result in disturbance of the
asbestos - containing material.
3. When appropriate: When removal is not feasible. When disturbance or entry
into the enclosed area is not likely.
"{".. . , î
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Mr. Howard Wines
May 3, 2004
Page 4
4. When inappropriate: If removal is feasible. When damaged or deteriorated
material causes a high level of fiber fallout. If water damage to the enclosure is
likely. When entry into the enclosure is likely for repairs and maintenance.
The floor tiles and mastic are essentially throughout the flooring in the building. It is not
feasible to enclose those areas of the building, to do- so would essentially make the
building useless for any type of occupancy with the asbestos remaining in the building.
D. Deferred Action with an Operations and Maintenance Plan
1. Advantages: Utilizes a specific plan for action. Monitors material condition over
time. Controls exposure potentials. Economical.
2. Disadvantages: Source of the asbestos remains in the building. The exposure
potential remains.
3. When appropriate: When removal is not feasible. When disturbance of material
is likely. When a well-defined plan is followed. When the propensity for fiber
release is low.
4. When inappropriate: When removal is feasible. If material is heavily damaged.
The option would again leave the asbestos within the building, making it useless for
occupancy and not available for the Assistance League's relocation plan.
If you have any questions, comments or additions to the analysis or information, please
contact the Assistance League through our legal representative, James Parker, Jr. at
(661 )322-4004.
Attachments
Asbestos Testing Results
Request for Proposals - Asbestos Removal
Memo summarizing Asbestos Removal bids
Asbestos Removal Contract - PARC Environmental
ìì
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AGREEMENT NO. h R D A 0 4 - 0 0 4
MEMORANDUM OF UNDERSTANDING
REGARDING CLEAN-UP OVERSIGHT OF FUNDED SITES
UNDER THE BROWNFIELDS REVOLVING LOAN FUND (RLF)
This Memorandum of Understanding is made and entered into on
~~Ai( 3 Q 2004 by and between the Bakersfield Redevelopment Agency, as Lead
Agency and Fund Manager, and the Bakersfield Fire Department Prevention Services
Division, Office of Environmental Services, as the Certified Unified Program Agency for
hazardous materials and hazardous waste management oversight in the City of
Bakersfield, as Site Manager.
RECITALS
WHEREAS, the Bakersfield Redevelopment Agency has been awarded grant
funds through the United States Environmental Protection Agency to capitalize a
Brownfields Revolving Loan Fund (RLF) so that landowners/developers can borrow
funds from the Agency to remediate brownfields sites in Bakersfield's redevelopment
areas; and
WHEREAS, the Bakersfield Fire Department's Office of Environmental Services
(OES) has been certified by the California Secretary for Environmental Protection as the
Certified Unified Program Agency for the administration of hazardous materials and
hazardous waste regulations in the City of Bakersfield.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. OES shall ensure that a Remedial Investigation and Feasibility Study (RI/FS)
using a Risk Based Corrective Action approach is conducted for each project;
2. OES shall coordinate a review of each project with any other applicable
regulatory agency;
3. OES shall ensure that RLF cleanup meets applicable and appropriate
requirements under Federal and State environmental laws, including
CERCLA and NCP;
- Page 1 of 3 Pages -
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4. OES shall monitor all contractors performing RLF cleanup work;
5. OES shall maintain site-specific records and draft necessary reports for each
site in accordance with 40 CFR Part 35 Subpart 0, and transmitting these to
the appropriate regulatory agency and the E~A;
6. OES shall ensure the adequacy of RLF cleanup as it is implemented,
including ensuring that Federal and State requirements for worker health and
safety are met;
7. OES shall notify the appropriate regulatory agency when there are potential
damages to natural resources so that they can ensure that the Natural
Resource Trustees are properly notified and coordinated with;
8. OES shall ensure notification of out-of-state transfer of CERCLA wastes as
required by 40 CFR 35.6120;
9. OES shall ensure that a site is secure and that it poses no immediate threat
to human health or the environment if the borrower is unable or unwilling to
complete RLF cleanup;
10. OES shall determine whether the proposed RLF activities are authorized by
CERCLA and the NCP based on site evaluation and current site conditions;
11. OES shall conduct a review any site-specific engineering evaluation and cost
analysis of any cleanup alternatives, as proposed by the RLF applicant;
12. OES will incur no costs to be charged to the RLF without prior notification and
approval of the RLF project manager;
13. OES shall charge its oversight costs for the above referenced items to the
RLF project at the current billing rate of $87 per hour, or at the rate in effect at
the time under the City of Bakersfield's Master Fee Schedule for oversight
costs. OES shall notify the RLF project manager whenever the billing rate
changes; and
14. OES shall submit its charges consistent with procedures agreed to by OES
and the RLF project manager.
- Page 2 of 3 Pages -
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding to be effective as of the date first set forth above.
BAKERSFIELD REDEVELOPMENT
AGENCY
OFFICE OF ENVIRONMENTAL
SERVICES
By ~~~{'b
Deputy Executive Director
By
RALP
Director of Preventio
APPROVED AS TO FORM:
VIRGINIA GENNARO
General Counsel
By A~~)..,.,~
~ALA IE~~
Deputy City Attorney
COUNTERSIGNED:
- Page 3 of 3 Pages -