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					                                              CITY
                                                 oj

                                              AK.LEY
                                             A PLAQEjOr FAMILIES
                                             ill the HEART II! the DELTA




                 Request for Proposals


                    The City of Oakley is seeking Proposals for:

                  DEMOLITION & REMOVAL OF BUILDINGS
                 AND SITE CLEANUP AT 5400 NEROLY ROAD
                               CIP# 122


         Proposals will be accepted until 5 p.m. Tuesday May 18, 2010
                   at 3231 Main Street, Oakley, CA 94561




For more information contact:

Keith Coggins, P.E.
Engineering Development Manager
City of Oakley
925-625-7155
coggins@ci.oakley.ca.us



                 City Offices - 3231 Main Street, Oakley, California 94561

          Telephone (925) 625-7037 Pax (925) 625-9194 Website: www.ci.oakley.ca.us
                          CITY OF OAKLEY
                  NOTICE OF REQUEST FOR PROPOSALS

1. NOTICE IS HEREBY GIVEN that the CITY OF OAKLEY (hereinafter "CITY")
   requests proposals for the DEMOLITION & REMOVAL OF BUILDINGS AND
   SITE CLEANUP AT 5400 NEROLY ROAD project (hereinafter "Project"), and
   will receive proposals in the office of the CITY ENGINEER, 3231 MAIN
   STREET, OAKLEY, CA 94561 up to the hour of 5:00 p.m., on May 18, 2010.
2. A site walk is scheduled for May 12, 2010 at 10:00 a.m. This site walk is not
    mandatory but is strongly recommended for potential bidders.
3. The services to be performed by the successful proposer are described in
   section 2. SCOPE OF WORK. Copies of the Request for Proposals are
   available from (and any questions should be directed to) the CITY at Attention
   of Keith Coggins, City of Oakley, 925-625-7155. The general scope of
   services for the project is to demolish several specific buildings, remove
   material & debris resulting from demolition, and clean up and remove other
   rubbish and debris from the site.
4. Three (3) copies of the proposal shall be submitted in a sealed envelope and
   clearly marked as follows: "SEALED PROPOSAL FOR DEMOLITION &
   REMOVAL OF BUILDINGS AND SITE CLEANUP AT 5400 NEROLY ROAD
   - DO NOT OPEN WITH REGULAR MAIL."
5. All responsive proposals shall be reviewed and evaluated by the CITY in order
    to determine which proposer best meets the CITY's needs for this Project by
    demonstrating the competence and professional qualifications necessary for
    the satisfactory performance of the required services. The criteria by which
    the CITY shall evaluate proposals are set forth in the Request For Proposals.
6. The CITY reserves the right to reject any and all proposals or waive any
   irregularities in any proposal or the proposal process.




2k~N'~-N-G-INEER                                              5/'-l/U/o
                                                            Date '
         CITY OF OAKLEY
     REQUEST FOR PROPOSALS

 DEMOLITION & REMOVAL OF BUILDINGS
AND SITE CLEANUP AT 5400 NEROLY ROAD

              CIP # 122

            OAKLEY, CA




             MAY 4,2010
1. PROJECT BACKGROUND

This Request for Proposals is for demolition and removal of structures and site
cleanup located on City of Oakley Redevelopment Agency owned property at
5400 Neroly Road in the City of Oakley. Copies of the assessor parcel map and
an aerial photograph are provided in Appendix 1.

Surveys were conducted throughout all of the structures to identify any asbestos
containing materials, lead containing paints and other hazardous materials and a
report was prepared describing the results of these surveys. A copy of the report
is attached in Appendix 2.

The surveys found a variety of hazardous materials in several of the structures
and describe methods for the safe removal of these materials.

2. SCOPE OF WORK

Contractor shall obtain a City of Oakley Business License and shall maintain it in
good standing for the duration of the project.

State prevailing wage rates apply to this contract as set forth in California State
Labor Code.

Contractor shall coordinate with utility companies prior to commencing demolition
work. Contractor shall terminate utilities lines at property lines or as otherwise
directed by the respective utility companies and the City Engineer. Onsite utility
lines shall be removed.

Contractor shall demolish and remove all structures including foundations, other
on-site improvements, rubbish and debris within the project site. During the term
of the contract, Contractor shall maintain the site in a reasonably neat condition
with all trash, rubbish, and other debris kept in containment until removed from
the site.

All waste material resulting from the demolition and cleanup shall be removed
from the site and disposed at an approved disposal site or sites.

Where the removal of structures, foundations or material results in areas lower
than adjoining grades, these resulting depressions shall be filled with clean
material and compacted to match the adjoining ground.

Contractor shall locate and demolish any existing septic systems and water wells
in accordance with Contra Costa County Environmental Health Department
requirements as well as state and federal requirements.




                                          2
Upon completion of work, contractor shall remove from the site, and from public
or private property, all temporary structures, rubbish and waste material, and
shall properly dispose of excavated materials beyond that needed to bring the
site to the required elevations.

Contractor shall comply with all federal, state and local air quality permitting
requirements.

Contractor shall obtain a demolition permit from the City of Oakley at the
Contractor's expense.

Dust and litter control is required at all times throughout the duration of the
agreement, not just during working hours, and shall be the responsibility of the
contractor.

Contractor shall take all necessary precautions to prevent soil and other material
from being tracked off of the site into the adjacent streets as vehicles and
equipment leave. Contractor shall limit site access to one location and it shall be
cleaned immediately if any soil or other material is tracked onto the street.

All work shall be performed between the normal working hours of 7:30 A.M. and
5:30 P.M., excluding Saturday, Sunday, and City holidays, except as otherwise
approved by the City Engineer in writing.

Contractor shall provide and maintain adequate sanitary facilities at the site
during all phases of work.

Contractor agrees to assume sole and complete responsibility for job site
conditions during the course of construction of this project, including safety of all
persons and property. This requirement shall apply continuously and not be
limited to normal working hours. The contractor shall defend, indemnify and hold
the owner, the engineer, and the City of Oakley, its officers and employees,
harmless from any and all liability, real or alleged, in connection with the
performance of work on this project, excepting for liability arising from the sole
negligence of the City of Oakley.

Contractor shall comply with the State of California Division of Industrial Safety
Construction Orders.

Removal and disposal of asbestos, lead and other hazardous material shall
comply with all local, State and Federal requirements. A copy of the hazardous
material survey report is included in Appendix 2 with this request for proposals.

The successful bidder will be required to execute a demolition agreement
incorporating these and additional provisions and conditions as outlined in the
attached Agreement form.


                                          3
3. PROPOSAL REQUIREMENTS

  1. DELIVERY OF PROPOSALS. It is the Proposer's responsibility alone to
     ensure that the proposal is received by the CITY ENGINEER, 3231 MAIN
     STREET, OAKLEY, CA 94561 prior to the hour and date for the opening
     of proposals specified in the Notice of Request For Proposals. Any
     proposals received by the CITY ENGINEER after that hour and date shall
     be returned unopened. Proposers shall submit three (3) copies of the
     proposal in a sealed envelope.
  2. FORMAT OF PROPOSALS. All proposals shall be typewritten or printed
     in ink clearly and legibly on the Proposal form provided in Appendix 3 and
     submitted in a sealed envelope plainly marked on the outside: "SEALED
     PROPOSAL FOR DEMOLITION & REMOVAL OF BUILDINGS AND SITE
     CLEANUP AT 5400 NEROLY ROAD -- DO NOT OPEN WITH REGULAR
     MAIL."
  3. QUALITY OF PROPOSAL. Unnecessarily elaborate or glossy proposals
     are neither expected nor desired. The emphasis of the proposal should be
     on responding to the requirements set forth in this Request For Proposals.
  4. PROJECT UNDERSTANDING. The Proposer shall provide a description
     of their understanding of the work to be performed and shall include
     descriptions of potential problems that may be encountered and what
     steps will be taken to address these problems. The Proposer shall also
     describe how the sites will be maintained during the work including dust
     control, litter control and control and elimination of dirt being tracked onto
     City streets.
  5. OTHER REQUIREMENTS. The proposal shall include a detailed
     description of the methods by which the Proposer intends to perform the
     work set forth in the Scope of Services including abatement of hazardous
     materials. The proposal shall also include a separate Performance and
     Cost Schedule for each site for all services necessary to complete the
     Project. The Performance and Cost Schedule should specify the major
     components, the cost breakdown by major components or phase, and the
     expected time of completion for each component based on the scope of
     services outlined in the proposal.
     The proposal shall also include a copy of an insurance certificate or a
     letter of intent to provide insurance from the issuing company (including a
     description of types of coverage and dollar amount limits) may also be
     submitted.
     The proposal must be signed by an authorized representative of the
     Proposer.
     Proposer shall submit three (3) copies of the proposal for review.



                                        4
4. AWARD OF CONTRACT

The CITY reserves the right to reject any or all proposals, and to waive any
irregularities.
If the CITY determines to award a CONTRACT, an AGREEMENT shall be sent
to the successful Proposer for the Proposer's signature. No proposal shall be
binding upon the CITY until after the Agreement is signed by duly authorized
representatives of both the PROPOSER and the CITY. A copy of the draft
AGREEMENT is included in Appendix 3.
Any such award shall be based on the lowest bid by a responsive and
responsible Proposer.




                                      5
     APPENDIX 1


ASSESSOR PARCEL MAP
AND AERIAL PHOTOGRAPH
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            APPENDIX 2


HAZARDOUS MATERIALS SURVEY REPORTS
ASBESTOS AND OTHER HAZARDOUS MATERIALS REPORT
                                                               J.   STANLeY CONSULTING, INC.
                                                                                      5329 Miles Avenue
                                                                                      Oakland, CA 94618
                                                                                           415-595-900 I
                                                                                   jkoniuto3@yahoo.com


April 30, 20 I 0


Mr. Keith Coggins
Engineering Development Manager
City of Oakley
3231 Main Street
Oakley, CA 94561


Subject:           Asbcstos Bulk Sampling Results
                   Formcr PG&E Maintenance Facility, 5400 Neroly Road, CA
                   J. Stanley Consulting Project No. 21044


Dear Mr. Coggins:

J. Stanley Consulting, luc. (JSC) is pleased to provide the analytical results from the bulk
samplillg of suspect asbestos containing materials and other hazardous materials located at the
subject site (Site), located at 5400 Neroly Road, Oakley, California.

Our inspection included the inspection of seven (7) on-sitc structures for suspcct asbestos-
containing building materials, the collection of building material samplcs to determine asbestos
content, if any, laboratory analysis, inventory of other hazardous materials (mercury thermostats,
fluorescent light tubes, ballasts, Freon air conditioning, etc.) and generation of a final report. Our
report includes a description of the structurcs, our inspection, findings, discussion of regulatory
considerations and recommendations.

JSC appreciates the oppOltunity to provide you with these services. If you have any questions
regarding this report or if you require additional information please do not hesitate to contact me
at (415) 595-9001.

Sincerely,
J. STANLEY CONSULTING, INC.


 fv-~
James "Jim" Koniuto, MEM, CAC, REA, CLST
Principal

Cal/OSHA Certified Asbestos Consultant 1105-3872
CalEP A1DTSC Registered Environmental Assessor 1108112
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


EXECUTIVE SUMMARY

J. Stanlcy Consulting, Inc. (JSC) performed an asbestos inspection and collectcd bulk samplcs of
all accessible suspect asbestos containing bnilding materials and an inventOly of other potential
hazardous materials (mercury thermostats, fluorescent light tubes, ballasts, Freon air
conditioning, etc.) from seven (7) on-site stmctures at the subject site (Site), located at 5400
Neroly Road, Oakley, California. Mr. James Koniuto, Cal-OSHA Celtified Asbestos Consultant
#05-3872 performed the inspection on March 8, 2010.

This Execntive Summary is providcd solely for the purpose of overview. Any party who
relics on this rcport must read the entire report. The Executive Snmmary may have
omitted important details, anyone of which could be crucial to the proper understauding
and risk asscssment of the subject matter.

Areas inspected included all interior, exterior and roof areas of the stmctures located at the site.
A total of eighty-five (85) samples of suspect asbestos containing building materials were
collected during the inspcction. Upon analysis by Polarized Light Microscopy (PLM) the
following materials were found to contain vaIying percentages of asbestifol1n minerals.

Headquarters Building (HQ):
   + White 12 x 12 vinyl floor tile (VFT) (2% ehrysotilc) and black mastic (8% chrysotite) at
      hallway, SE office and NW office floors;
   + White with black and white streaks 9 x 9 VFT (5% chrysotile) at NE office floor;
   + White taping mud (2% chlysotile) at hallway aud large open room walls;
   + Black roortar (10% clnysotite) at roof HVAC equipment;
   + Gray roof mastic (15% chrysotite); and
   + Silver roofing paint (5% clllysotile) over roofing felts (60% clnysotile).
Main Warehouse CMWl with Wash Rack CWR1:
      No asbestos detected in any samples collected and analyzed.

Welding Shop CWS):
   + Gray 9 x 9 VFT (4% chrysotile) on floor;
   + White 12 x 12 VFT «I % chrysotite) at floor;
   + Off-white asbestos cement (AC) shingles (15% chrysotile) at exterior walls;
   + Off-white AC panels (15% chlysotile) at main roof; and
   + Gray mastic (15% clllysotile) at main roof.
Warehouse 2 CW2):
   + Off-white window putty (2% chrysotile) at metal window frames.
Chart Office CCO):
   + White taping mud (2% cluysotile) at shower room, back room and SW corner office
       walls and ceiling;
   + Gray mastic (2% chrysotile) at showcr room;
   + Off-white 9 x 9 VFT (2% chrysotile) and black mastic (5% clllysotile) at floors in large
       room, supply closet and kitchen;
   + Brown tite grout (2% chrysotite) at bathroom wall;
   + Silver paint (10% cJllysotile) and roofing layers (50% chrysotile) at roof field;
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


    •   Black roofing felt (50% chrysotile) at roof HVAC units; and
    •   Gray roof mastic (15% clllysotile) at roof vent penetrations.

Pipeline and Meter Shop (PLMS):
    • Gray 12 x 12 VFT (3% chrysotile) and black mastic (15% clllysotile) at floor;
    • Gray 9 x 9 VFT (3% chrysotile) at floor;
    • Asbestos cement (Transite) panels at interior partition wall;
    • White taping mud (4% chrysotile) at front and back office walls and ceilings; and
    • Gray mastic (15% clnysotile) at roof vent penetrations.

These results are presented in the laboratory analysis resnlts repOlt (Attached). An inventOly of
other potential hazardous materials (mercury thermostats, fluoresccnt light tubes, PCB-containing
light ballasts, Freon air conditioning, etc.) within the subject buildings is also provided, except for
the HQ building, which was in such disrepair that conditions prevented any accurate account. A
more detailed presentation of procedures and findings is presented in the body of this report.
Also included is a discussion of recommendations and regulatOlY considerations. Any suspect
materials not sampled and tested for asbestos content should be assumed to contain asbestos and
managed accordingly, or characterized by an AHERA Certified asbestos inspector prior to
disturbance or demolition.

SITE INFORMATION

The subjcct site is locatcd at 5400 Ncroly Road, Oakley, California. The relatively level,
approximately 2.2-acre lot is currently occupied by the following seven on-site structurcs:
HeadquaIters Building, Main Warehouse with Wash Rack, Welding Shop, Warehouse 2, Chart
Office and the Pipeline and Meter Shop. Review of a Phase I Environmental Site Assessment
report prepared by Kleinfelder, Inc. and dated April 19, 2005, indicates the site was developed
with the on-site structures circa 1965.

The Headquarters Building (HQ) is an approximately 107' x 40', single-story, wood-framed
structure built on a concrete slab-on-grade foundation. Interior walls are painted drywall.
Interior flOOl~ have carpet over vinyl floor tile (VFT) with black mastic. Ceilings are either 2 x 4
drop-in acoustical ceiling tiles (ACT) or nailed I x I ACT. The HQ building was in a state of
extensive disrepair with widespread roof leaks during the time of inspection. The flat roof is a
built-up tal' and gravel roof with roof-mounted HVAC equipment.

The Main Warehouse (MW) with Wash Rack (WR) building is a metal-framed structure with
sheet metal walls and roof over concrete slab-on grade foundation and floor. Within the HQ
building, there are wood-framing build-outs for interior dlywall office walls and carpet glued
onto the concrete floor.

The Welding Shop (WS) is an approximately 55' x 23' wood framed stl'l1cture with a wood tmss
roof over concrete slab-on-grade fonndation. Flooring consists of VFT with mastic over concrete
and exterior walls and roofing consist of painted asbestos cement shingles and panels,
respectively. Warehouse 2 (W2) has sheet metal walls and roof and is built on a slab-on-grade
concrete foundation and floor.

The Chart Office (CO) building is an approximately 32' x 63' concrete block stl1lcture built on a
slab-on-grade foundation. Interior walls are painted dlywall walls over wood framing and
Asbestos Bulk Sampling Report
Former PG&E Maintenance Facility
5400 Newly Road, Oakley, CA


ceramic tile with grout in bathroom and shower rooms. Flooring finishes consist of glued carpet
pads ovcr 9 x 9 VFT with black mastie and ceramic tile with grout in bathroom and shower
rooms. The roofis a flat composition rolled roof system with roof-mounted HVAC equipment.

The Pipeline and Meter Shop (PLMS) is a concrete block stmcture built on a slab-on-grade
foundation. Interior walls are painted and textured drywall walls over wood framing. The
partition walls dividing the west and east sides of the building are covered with asbestos cement
(Transite) panels. Flooring finished consists of 12 x 12 VFT, carpet and ceramic tile with grout.
Ceiling finishes consist of painted dtywall or drop-in 2 x 4 ACT in offices. There is non-
asbestos-containing fireproofing on ceiling areas on the east side of the building. The flat roof is
a built-up tar and gravel roof with roof-mounted HVAC equipmcnt.

HAZARDOUS MATERIALS INVENTORY

Main Warehouse (MW with Wash Rack (WR):
   • Two (2) air conditioning units potentially containing Freon at windows
   • Twenty-two (22) 4-foot fluorescent light tubes with 18 non-PCB-containing light ballasts
   • Twelvc (12) 8-foot fluorescent light tubes with 8 non-PCB-containing light ballasts
      Several size D and AA batteries on the ground at the WR

Welding Shop (WS):
   • One (I) air conditioning unit potentially containing Freon at window
   • Twenty-two (22) 6-foot fluoresccnt light tubes with 16 non-PCB-containing light ballasts
   • One (I) large cardboard box with aerosol cans
       One (I) one-gallon can of flat latex paint
   • Two (2) two-quart cans of latex enamel paint

Main Warehouse (MW):
   • Twenty-four (24) 4-foot fluoresccnt light tubes with 12 non-PCB-containing light ballasts
      Twelve (12) tubes of"386 valve sealant" (mineral oil, lithium stearate and calcium
      stcarate)
   • One (I) clectronic scrver tower

Chart Office (CO):
   • One-hundred thirty-two (132) 4 to 6-foot fluorescent light tubes with 88 non-PCB-
       containing light ballasts

Pipeline Meter Shop (PLMS):
    • Eighteen (18) 4-foot fluorescent light tubes with 7 non-PCB-containing light ballasts
        Twcnty (20) 8-foot fluorescent light tubes with unknown number ofnon-PCB-containing
        light ballasts
    • One (I) thermostat with two (2) mcrcury tubes
    • One (I) old refrigerator
    • Four (4) electrical transfOlmer units/ballasts located at thc loft
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA



ASBESTOS SURVEY PROCEDURES

JSC identificd homogeneous arcas of materials, which were suspcctcd of containing asbestos. A
homogeneous area, for bulk sampling purposes, is one that seems by texture, color and wear to be
uniform and applicd during the same gcneraltime period. After the homogeneous areas had been
identified, rcpresentative bulk sample(s) are collccted for laboratOly analysis. Because asbestos-
containing building materials havc compositional variability, it is possible to obtain different
laboratOly results for samples from the same homogeneous area. Therefore, a homogeneous area
with at least one positive sample for will result in thc cntire homogencous area being dcsignated
as an asbestos containing material.

The sampling strategy employed by JSC was partially based on guidelines establishcd by the
Environmental Protection Agency (EPA) for school buildings (40 CFR Part 763, AHERA) which
requirc samples to be collccted from each homogeneous area of suspected ACM. Upon
completion of the inspection and bulk sampling, the samples were delivered under chain of
custody protocol to EMSL Analytical, Inc. of San Leandro, California for analysis by Polarized
Light Microscopy.

BULK SAMPLE ANALYSIS

Bulk samples were examined by Polarizcd Light Microscopy (PLM) in accordance with EPA
Test Method 600/R-93/116, "Mcthod for thc Determination of Asbestos in Bulk Building
Materials."

The percentage of asbestos is determined by visual estimation. Laboratory results are reported
based on the percentagc of asbestiform minerals identificd within each sample layer. The lower
limit of reliable detection by PLM is one percent (1 %) by volume. When asbestos or othcr
minerals are observed in concentrations believed to be less than the reliable detection limit (less
than I %) the results arc usually indicatcd as TRACE.

Upon analysis thc analytical results are compared to govermnent agency standards. Currently,
both thc California Occupational Safcty and Health Administration (Cal-OSHA) and the
Environmental Protection Agency (EPA) define matcrial with contains more than I % asbestos to
be an asbestos containing material (ACM). In addition, Cal-OSHA defines any manufacturcd
construction material containing more than one-tenth of one percent (0.1 %) by weight as asbestos
containing constructionmatcrials (ACCM). Cal-OSHA also requires notification and rcgistration
of the contractor whcn disturbing materials with more than 0.1 % asbestos contcnt and regulatcs
worker protcction whenever materials containing any detcctable levels of asbestos are to be
disturbed.

BULK SAMPLE ANALYSIS RESULTS

The following suspect asbestos containing materials wcrc identified and sampled during our
inspection:

Headquartcrs Building (HO):
   • Gray 9 x 9 YFT over whitc 12 x 12 YFT with black mastic at hallway;
   • Gray resilient sheet flooring at men's & women's restrooms;
   • Whitc 12 x 12 YFT and black mastic at hallway, SE office and NW officc floors;
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


    •   White with black and white streaks 9 x 9 VFT at NE office floor;
    •   White 12 x 12 ACT with small pinholes at north end;
    •   White 2 x4 ACT
    •   White I x I ACT at west side, SE room and men's restroom;
    •   Dark gray 12 x 12 VFT with yellow glne at north end;
    •   Brown vinyl base and brown gIne;
    •   White vinyl base with brown glue at north end;
    •   Drywall with white taping mud at hallway and large open room walls;
    •   Exterior window putty at west and east sides;
    •   Black rooftar at roofHVAC equipment;
    •   Gray roof mastic; and
    •   Silver roofing paint over roofing felts.

Main Warehouse (MWl with Wash Raek (WR1:
   • Brown base cove with brown glue at wall base.

Welding Shop (WS):
   • Gray 9 x 9 VFT with black mastic;
   • White 12 x 12 VFT with glue;
   • Gray paint over off-white asbestos cement (AC) shingles at exterior walls;
   • Off-white AC panels at main roof;
   • Blue paint and off-white caulking/putty at window frames;
   • Roofing layers with gray mastic at main roof; and
   • Roofing felt at lower addition roof.

Warehouse 2 CW2):
   • Off-white window pntty at metal window frames; and
   • White/gray paint at metal piping.

Chart Office CCO):
   • White 12 x 12 ACT;
   • Brown vinyI base with white and brown glue;
   • Drywall with white taping mud at shower room, back room and SW corner office walls
       and ceiling;
   • Ceramic wall tile with grout and gray mastic at shower room;
   • Off-white 9 x 9 VFT and black mastic at floors in large room, supply closet and kitchen;
   • Brown tile grout at bathroom wall;
   • Brown adhesive at wall chair rail;
   • Silver paint and roofing layers at roof field;
   • Black tar patch at roofHVAC;
   • Black roofing felt at roof HVAC units; and
   • Gray roof mastic at roof vent penetrations.

Pipeline and Meter Shop CPLMS):
    • Dark gray/white grout a bathroom wall base;
    • Gray 12 x 12 VFT and black mastic at floor;
    • Gray 9 x 9 VFT at floor;
    • Light brown fireproofing at ceiling, cast side;
    • White 12 x 12 ACT with tan mastic;
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


    +   White 2 x 4 ACT;
    +   Dlywall with white taping mnd at front and back office walls and ccilings;
    +   Tan/white wall texture at interior of back office;
    +   Tan/white wall texture at exterior of back office;
    +   Tar and gravel roof layers at field;
    •   Gray mastic at roof vent penetrations;
    +   Black roof patch at roof HVAC eqnipment;
    +   Off-white seam tape at roof HVAC equipment; and
    +   White vibration damper cloth at roof HVAC equipmcnt.

Upon analysis by Polarized Light Microscopy (PLM) the following huilding materials were
fonnd to contain detectable levels of asbestos:

Headquarters Building (HOl:
   + White 12 x 12 VFT (2% chrysotile) and black mastic (8% chrysotile) at hallway, SE
      office and NW office floors;
   + White with black and white streaks 9 x 9 VFT (5% chrysotile) at NE office floor;
   + White taping mud (2 % chrysotile) at hallway and large open room walls;
   + Black roof tar (10% chrysotile) at roofRVAC cquipment;
   + Gray roof mastic (15% clnysotile); and
   + Silver roofing paint (5% chrysotile) over roofing felts (60% chrysotilc).
Main Warehouse (MWl with Wash Rack (WR):
      No asbestos detected in any samples collected and analyzed.

Welding Shop (WS):
   + Gray 9 x 9 VFT (4% chrysotile) on floor;
   + White 12 x 12 VFT «I % chlysotile) at floor;
   + Off-white asbestos cement (AC) shingles (15% chrysotile) at exterior walls;
   + Off-white AC pancls (15% chrysotile) at main roof; and
   + Gray mastic (15% chrysotile) at main roof.
Warehouse 2 (W2l:
   + Off-white window putty (2% clnysotile) at metal window frames.
Chart Office (CO):
   + White taping mud (2% chrysotile) at shower room, back room and SW corner office
       walls and ceiling;
   + Gray mastic (2% chlysotile) at shower room;
   + Off-white 9 x9 VFT (2% chlysotile) and black mastic (5% chrysotile) at floors in large
       room, supply closet and kitchen;
   + Brown tile grout (2% chrysotile) at bathroom wall;
   + Silver paint (10% clnysotile) and roofing layers (50% clnysotile) at roof field;
   + Black roofing felt (50% chrysotile) at roof HVAC units; and
   + Gray roof mastic (15% chlysotile) at roofvent penetrations.
Pipeline and Meter Shop (PLMS):
    + Gray 12 x 12 VFT (3% clnysotile) and black mastic (15% ehrysotile) at floor;
    + Gray 9 x 9 VFT (3% chrysotile) at floor;
Asbestos Bulk Sampling Report
Former PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


    •   Asbestos cemcnt (Transite) pancls at interior partition wall;
    •   Whitc taping mud (4% chrysotile) at front and back office walls aud ceilings; aud
    •   Gray mastic (15% chrysotile) at roof vent penetrations.

REGULATORY CONSIDERATIONS

CUlTent Environmental Protection Agcncy (EPA) National Emissions Standards for Hazardous
Air Pollutants (NESHAP) regulations require that most ACM be removed prior to demolition or
renovation activities. Notification is required when removal or renovation involves greater than
160 square feet or 260 linear feet of friable asbestos containing materials. Locally, thc Bay Area
Air Quality Management District (BAAQMD) is rcsponsible for enforcement of the federal
NESHAP regulation. Thc BAAQMD requircs a ten working day notification for removal of all
friable asbestos containing materials if exceeding 100 square feet or linear feet

Other regulations apply to constlUction activities and notification requirements for projects
involving ACMIACCM. At both the federal and state levels, these include, but are not limited to
Federal OSHA regulation 29 CFR 1910 and 1926, the California Health Code, California OSHA
8 CCR 1529. The California Occupational Safety and Health Administration (Cal-OSHA)
requires that friable and non-friable ACB excecding 100 square feet to be removed by a
registered Cal-OSHA asbestos abatement contractor and that asbestos abatement contractors be
licensed by the California Contractors State Licensing Board (CSLB). Proposition 65 requires
the posting of notifications when a facility is known to contain toxic substances found on the
governors list. AB 3713, the Asbestos Notification Law requires notification to tenants,
employees and co-owners about the presence and locations of ACM and their potential health
effects.

As previously mentioned in this report both Cal-OSHA and EPA define material which contains
more than one percent asbestos to be an asbestos containing material (ACM). However, Cal-
OSHA has an additional classification for manufactured materials found to contain asbestos in
quantities betwcen 0.1% to 1%. This classification is referred to as Asbestos Containing
ConstlUction Matcrials (ACCM). Removal/disturbance of this material must bc perfonned
utilizing appropriate work practices, propcr engineering controls, respiratOlY protection and
workers under mcdical sUlveillance, with the appropriate medical certificates and asbestos worker
training,

CONCLUSIONS & RECOMMENDATIONS

HO, CO and PLMS Buildings:

If removal or demolition of the existing drywall wallboard walls or ceilings located in the
buildings is anticipated, the materials with asbestos containing taping IIllld mentioned in this
report is a "regulated asbestos containing material" and should be removed prior to disturbance.
A licensed asbestos abatement contractor should conduct removal of this material.

Based on the square footage, removal of walls and ceilings in the buildings with the asbestos
containing taping IIlnd would necessitate a ten working day notification to thc Bay Area Air
Quality Management District prior to disturbance of thc materials. According to NESHAP the
wallboard with taping mud is a friable ACM. According to OSHA, removal of these materials is
Class 1 Asbcstos Work. Therefore, removal must be performed using wet methods, HEPA
Asbestos Bulk Sampling Report
Former PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


vacuums, half-faced respirators, prompt clean up of waste and within a full negative pressure
enclosure by a trained and licensed asbestos abatement contractor. Furthermore, the friable ACM
waste contains> I % asbestos so is considered a hazardous waste in California.

HO, WS, CO and PLMS Buildings:

If removal or demolition of the existing floors is anticipated the asbestos cOlltaillillg villyl jlOOI'
tile alld mastics mentioned in this report is non-friable ACM and should be removed prior to
disturbance, Removal of these materials should be conducted by a licensed asbestos abatement
contractor.

Based on the square footage, removal of the villyl jlOOI' tile alld mastics would also necessitate a
ten working day notification to the Bay Area Air Quality Management District prior to
disturbance of the materials. According to NESHAP the floor tiles and mastics are not friable
ACMs, and their removal is Class II Asbestos Work. Therefore, removal of these materials must
be performed using wet methods, HEPA vacuums, half-faced respirators, prompt clean up of
waste and critical seals or perimeter air monitoring. Additionally, Cal-OSHA requires that
removal/disturbance of this material must be performed utilizing appropriate work practices,
proper engineering controls, respiratory protection and workers under medical slilveillance, with
the appropriate medical certificates and asbestos worker training.

Welding Shop and PLMS:

If removal or demolition of the existing walls and roofing is anticipated, the asbestos cOlltaillillg
asbestos cemell/ (Tl'Ullsite) shillgles alld pallels mentioned in this report are non-friable ACMs
and shonld be removed prior to disturbance, Removal of these materials should be conducted by
a licensed asbestos abatement contractor. According to NESHAP the Transite shingles and
panels are non-friable ACMs and their removal is Class II Asbestos Work. Therefore, removal of
these materials must be performed using wet methods, HEPA vacuums, half-faced respirators,
prompt clean up of waste and critical seals or perimeter air monitoring. Additionally, Cal-OSHA
requires that removal/disturbance of this material must be performed utilizing appropriate work
practices, proper engineering controls, respiratOlY protection and workers under medical
surveillance, with the appropriate medical certificates and asbestos worker training. If removed
substantially intact, the Transite may be disposed as non-hazardous "asbestos-containing
constmction waste,l}

If removal or demolition of the existing roof located at the subject building is anticipated, the
materials with asbestos cOlltaillillg dal'k gmy I'oofpelletratioll mastic mentioned in this report is
an "asbestos containing roofing material" (ACRM) and should be removed prior to disturbance.
A licensed asbestos abatement contractor should conduct removal of this material.

Roof Areas at HO, WS, CO and PLMS:

Based on the square footage to be disturbed, removal of the roof material with the asbestos
cOlltaillillg I'oofillg tal; I'oofillg felts alld I'oof pelletratioll mastics would necessitate a ten
working day notification to the Bay Area Air Quality Management District prior to disturbance of
the materials. According to NESHAP the roof material with asbestos cOlltaillillg I'oofillg tUl;
roofillg felts ami I'oof pelletl'atioll mastics is a category I non-friable (Asbestos-Containing
Roofing Material (ACRM) due to the bituminous products mixed with the asbestos fibers.
Asbestos Bulk Sampling Report
Former PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


According to OSHA, removal of these matcrials is Class II Asbestos Work. Therefore, removal
must be performed using wet methods, HEPA vacuums, half-faced respirators, and prompt clean
up of waste by a trained and licenscd asbestos abatement contractor. Containments are not
required for roof tear-offs. Furthermore, as long as the ACRM is removed properly (inlact), it is
not considered a regulated hazardous waste, however, must be labeled as "asbestos-containing
construction waste,"

Roof Areas at HO and CO:

If removal or demolition of the existing roof materials is anticipated the asbestos cOlltaillillg
silver paillt mentioned in this report is Regulated Asbestos Containing Materials (RACM) and
should be removed prior to distorbance. According to NESHAP the roof material with asbestos
cOlltaillillg silver paillt is a catcgory I friable RACM. According to OSHA, removal of this
material is Class I Asbestos Work. Therefore, removal must be perfmmed using wet methods,
HEPA vacuums, half-faced respirators, and prompt clean up of waste by a trained and licensed
asbestos abatement contractor. Containments are not required for roof tear-offs. Because the
asbestos content of the friable silver paint is 5-10% asbestos, the demolition waste is considered a
hazardous waste in California.

Any other suspect materials not sampled and tested for asbestos content should be assumed to
contain asbestos and managed accordingly, or characterized by an AHERA Certified asbestos
inspector prior to disturbance or demolition.

REPORT LIMITATIONS

JSC conducted this inspection and prepared this report for the sole and exclusive use of the City
of Oakley (Client), the only intended beneficiary of our work. In addition, the inspection was
conducted in accordance with generally accepted standard of care practiced by other members of
our profession. The professional opinions set fmih in this report are based solely upon and limited
to JSC's visnal obscrvations and data collection at the subject site.            The opinions and
recommendations in this report apply to site conditions and featnres, as they existed at the time of
JSC's work. They cannot necessarily apply to conditions and features of which JSC is unaware
and has not had the opportnnity to evaluate. Future regulatory modifications, agency
interpretations and/or policy changes may affect the compliance status of the subject property.

No subsurface investigation was conducted to determine if asbestos containing water proofing
materials or asbestos cement waste or water tines or electrical pipe ways were present at the site
nor was any equipment such as mechanical or electrical disassembled. Any other suspect
materials not sampled and tcsted for asbestos content should be assumed to contain asbestos and
managed accordingly, or characterized by an AHERA Certified asbestos inspector prior to
disturbance or demolition.

If you have any questions regarding this report or if you require additional information please do
not hesitate to contact me at (415) 595-9001.
Asbestos Bulk Sampling Report
Former PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA


Sincerely,
1. STANLEY CONSULTING,INC.

Very tmly yours,




Jim Koniuto, MEM, CAC, REA
Principal
J. Stanley Consulting, Inc.

CalOSHA Certified Asbestos Consultant #05-3872
CalEPA/DTSC Registered Environmental Assessor #08112
Asbestos Bulk Sampling Report
Fonner PG&E Maintenance Facility
5400 Neroly Road, Oakley, CA




                           LABORATORY REPORT AND
                           CHAIN OF CUSTODY FORM

                   POLARIZED LIGHT MICROSCOPY (PLM)
                                        EMSL Analytical, Inc
                                        2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                        Phone: {510} 895-3675            Fax: (510)895.3680           Email: milpftaslab@emsl.com
                                   ,-

  Attn:    James S. Koniuto                                                                                   Customer 10:                KONI62
           Koniuto ConSUlting                                                                                 Customef PO:                21044
           5329 Miles Avenue                                                                                  Received:                   03/13/104:15 PM
           Oakland, CA 94618                                                                                  EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                              EMSL Pro]:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                              Analysis Date:              3/1712010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non·Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                          %      Fibrous                        % Non-Fibrous                                     % Type

  5400-WS-PLM-01-                                           Gray                                                                       96% Non-fibrous (other)                          4% Chrysotlle
  9x9VFT                                                    Non-Fibrous
  091002350.0001
                                                             Homogeneous

  5400-WS-PLM-01-                                           Black                                                                    100% Non-fibrous (other)                            None Detected
  Mastic                                                     Non-Fibrous
  09fO02350-OOO1A
                                                             Heterogeneous

  5400-WS-PLM-02-                                                                                                                                                                     Stop Positive (Not
  9x9 VFT                                                                                                                                                                                 Analyzed)
  091002350·0002



  5400-WS-PLM-02-                                           Brown                                                                    100% Non-fibrous (other)                            None Detected
  Mastic                                                    Non-Fibrous
  091OO2J50..0Q02A
                                                             Heterogeneous

  5400-WS-PLM-03-                                           White                                                                    100% Non-fibrous (other)                          <1% Chrysotlle
  12x12 VFT                                                 Non-Fibrous
  091002350-0003
                                                             Homogeneous

  5400-WS-PLM-03-                                           Orange                                                                   100% Non-fibrous (other)                            None Detected
  Glue                                                      Non-Fibrous
  091OO235O-OOOJA
                                                             Homogeneous




 Analysl(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                            8aojla Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                         or other approved signatory


 Due to magnification fimitallons Inherent In PlM, asbestos fibers In dimensions below the resolution capabllity of PlM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM to confirm asbestos quantities. The above test report relates only to the Hems tested and may not be reproduced In any form without lha a;o;press
 v.ritlen approval of EMSL Analytical, Inc. EMSL's liability Is limited to the cost of analysis. EMSL bears no responsibility for sarrple collection activities or analytical method limitations.
 Interpretation and use of test results are the responsibility or the dientSarrples recelved In good condition unless olhelWise noted.
 S3rroles analyzed by EMSlAnalytical, 1002235 PoIvorosaAve. Suite 230, San LeandroCA NVlAP Lab Code 101048-3, tlAAAOO0201, WAC2007

Test Report PLM-7.12.0 Ponied: 4/30/2010 6:31:06 PM
                                     EMSL Analytical, Inc
                                     2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                     Phone: {510} 895-3675             Fax: (510) 895·3680         Email: milpltaslabfalemsl.com




  Attn:    James S. Koniuto                                                                                 Customer to:               KONl62
           Kon/uto Consulting                                                                              Customer PO:                21044
           5329 Miles Avenue                                                                                Received:                  03/13/104:15 PM
           Oakland, CA 94618                                                                                EMSL Order:                091002350

  Fax:                                                 Phone: (415) 595-9001
                                                                                                            EMSL Proj:
  Project:     21044: 5400 Neroly Rd., Oakley, CA
                                                                                                           Analysis Date:              3117/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                            Non-Asbestos                                                            Asbestos
 Sample                      Description                  Appearance                        %      Fibrous                       % Non-Fibrous                                     % Type

  5400-WS-PLM-04-                                         White                                                                   100% Non-fibrous (other)                        <1% Chrysotlle
  12x12VFT                                                 Non-FIbrous
  091002J50.0004
                                                           Heterogeneous

  5400-WS-PLM-04-                                          Orange                                                                 100% Non-fibrous (other)                          None Detected
  Glue                                                     Non-Fibrous
  091002J50..0004A
                                                           Heterogeneous

  5400-WS-PLM-05-                                         Various                                                                  85% Non-fibrous (other)                        16% Chrysotile
  Palnl & AC Shingle                                       Fibrous
  09100235().()OO5
                                                           Heterogeneous
                                                                                      8ampIe has Inseparable layers. Sarrple analyzed as single sarrple and nollayered out

  5400-WS-PLM-06-                                                                                                                                                                Stop Positive (Not
  Paint & AC Shingle                                                                                                                                                                    Analyzed)
  091002350-0000



  5400-WS-PLM-07-                                                                                                                                                                Stop Positive (Not
  Paint & AC Shingle                                                                                                                                                                 Analyzed)
  091002J5O-(}()()7



  5400-WS-PLM-08-              Roof                       Gray                                                                     85% Non-fibrous (other)                        15% Chrysotlle
  AC Roofing                                               Fibrous
  091002350-0008
                                                           Homogeneous




 Analyst(s)

 Adam C. Fink (28)                               Jorge Leon (36)                                                                          BaoJla Ke, laboratory Manager
 Grant Mays (43)                                 Rui Cindy Geng (19)                                                                       or other approved sIgnatory

 Due to magnification limitations Inherent In PLM, asbestos fibers In dimensions beloothe resolution capability of PLM may not be detected. Samples reported as <1% or nona delected
 may require addjtionaltesting by TEM to confirm asbestos quantities. The above test report relates only to the items tested and may not be reproduced In atrj fonnv.ithout the express
 written approval of EMSl AnalytIcal, Inc. EMSl's liability Is limited 10 the cost of analysis. EMSl bears no res~bi1ity for sarrple collection activlties 0( analytical melhod limitations.
 Interpretation end use of lest results are the responslbUity of the clieolSarrples recelved In good condition unless otherv.ise note<!.
 samples analyzedbv EMSLAnalytical, Inc 2235 PoIvorosaAve, Suite 230, San leandfoCA NVLAP lab Code 101048-3, MA.MOO0201, WA. C2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:07 PM                                                                                                                                                  2
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone; (5iO} 895-3675              Fax: (510) 895.3680          Email: milpitaslab@emsl.com
                                                                                  --    --                --



  AlIn:     James S. Koniuto                                                                                   Customer 10:               KONI62
            Koniuto Consulting                                                                                 Customer PO;               21044
            5329 Miles Avenue                                                                                  Received:                  03/13/104:15 PM
            Oakland, CA 94618                                                                                  EMSL Order:                091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                               EMSL Proj:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                               AnalysIs Date:             3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %       Fibrous                       % Non-Fibrous                                     % Type
  5400-WS-PLM-09-               At window frames            Blue                                                                     100% Non-fibrous (other)                           None Detected
  Paint                                                     Non-Fibrous
  091002350-0009
                                                            Homogeneous

  5400-WS-PLM-09-               At window frames            Beige                                                                    100% Non-fibrous (other)                           None Detected
  Caulklng/PulIy                                            Non-Fibrous
  091002350-0009A
                                                            Homogeneous

  5400-WS-PLM-10-              At main roof                 Black                            20% Cellulose                            80% Non-fibrous (other)                           None Detected
  Shingle 1                                                 Fibrous
  091002350-0010
                                                            Heterogeneous

  5400-WS-PLM-10-              At main roof                 Black                              5% Glass                               95% Non-fibrous (other)                           None Detected
  Shingle 2                                                 Fibrous
  091002J50.oo10A
                                                            Heterogeneous

  5400-WS-PLM-10-              At main roof                 Black                              5% Glass                               95% Non-fibrous (other)                           None Detected
  Shingle 3                                                 Fibrous
  091002350-00108
                                                            Heterogeneous

  5400-WS-PLM-10-              At main roof                 Gray                                                                      85% Non-fibrous (other)                         16% Chrysotlle
  Mastic                                                    Non-Fibrous
  09tOO2J50.001OC
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                           8aojla Ke, laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                        or other approved signatory


 Due to magnification limitations Inherent In PLM, asbestos fibers In dirneoslons belO'Nthe resolution capability of PLM may oot be detected, Samples reported as <1% ornone detected
 may require additionaltes6ng by TEM to confinn asbestos quantities. The above test report relates only to the Items tested and may not be reproduced in any fonn ""ilhOut the express
 "",-jUen approval of EMSl Analytical, Inc. EMSl's liability Is limited to the cost of analysls. EMSl bears no reSponslbUity for sarrple collection activities or analytical method limitations.
 Interpretation and use of test results are the responsibility of the crrenlsarrples recelved In good condition unless otherv.ise noted.
 sarro/es analvzed by EMSlAnalyUcal, 1002235 PolvorosaAve, Suite 230, san leandrOCAI'NL.AP lab COde 101048-3, MAMOO0201, WAC2007

Test Report PLM-7.12.0 Ponted: 4/30/20106:31:07 PM                                                                                                                                                      3
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone: (6iO} 895-3675              Fax: (510) 895·3680          Email: mJJpitaslabfilomsl.com




  Attn:     James S. Koniuto                                                                                  Customer ID:                KONI62
            Koniuto Consulting                                                                                Customer PO:                21044
            5329 Miles Avenue                                                                                 Received:                   03/13/104:15 PM
            Oakland, CA 94618                                                                                 EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                              EMSL Pro):
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                              Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %      Fibrous                        % Non·Flbrous                                      % Type

  5400-WS-PLM-11-               A lower addition            Black                            20% Cellulose                            80% Non-fibrous (other)                           None Detected
  Roofing Felt                  roof                        Fibrous
  091002350-0011
                                                            Homogeneous

  5400-MW-PLM-12-               At wall base                Brown                                                                    100% Non-fibrous (other)                           None Detected
  Base Cove                                                 Non-Fibrous
  091002350-{)(l12
                                                            Homogeneous

  5400-MW-PLM-12-              At wall base                 Brown                                                                    100% Non-fibrous (other)                           None Detected
  Glue                                                      Non-Fibrous
  09fOO2350-0012A
                                                            Homogeneous

  5400*S2·PLM·13·    At wfndow frames                       Beige                                                                     98% Non-fibrous (other)                          2% Chrysotlle
  Window CaulkiPully                                        Non-Fibrous
  091002J5O.()()13
                                                            Homogeneous

  5400-SR-PLM-14-              At shed                      Black                            75% Cellufose                            25% Non·fibrous (other)                           None Detected
  Roof Fell                                                 Fibrous
  Og1002J50.0014
                                                            Homogeneous

  5400-SR-PLM-15-              At metal piping              Grayf'.Nhite                                                             100% Non-fibrous (other)                           None Detected
  Paint                                                     Non-Fibrous
  Qg1002350.{}()15
                                                            Heterogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                           Baojia Ke, laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                        or other approved signatory


  DJe 10 magnification limitations Inherent in PLM, asbestos fibers in dimensions below the resolution capability of PLM may not be detected. S~as reported as <1% or nona detected
 may require additional testing byTEM 10 confirm asbestos quarJijtles. The above lest report relates only 10 lhe Hems lested and may not be reproduced in any formwithout the express
 ....Titleo approval of EMSLAnalyUCaI, Inc. EMSL'sllability is limited to the cost of analysis. EMSL bears no responsibility for sarrple collection activities or analytical method limitations.
 Inteq>retation and use or lest results are !he responsibmty of the clientsallllles recelved In good coOOtion unless olheNrfse noted.
 sarrples analyzed by EMSLAoaJyllcal, 1002235 Polvorosa Ava , Suite 230, san leandroCA NVlAP Lab Coda 101048-3, MAAAOO0201, WAC2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:08 PM                                                                                                                                                    4
                                         EMSL Analytical, Inc
                                         2235 Polvorosa Ave, Sulle 230, San Leandro, CA 94577
                                      Phone: (510) 895-3676               Fax: (610) 895·3680          Email: mllpitaslab@emsl.com
                                   ,~"                                                                                       :::n::c=,




   Alln:    James S. Koniuto                                                                                   Customer [0:                 KONI62
            Koniuto Consulting                                                                                 Customer PO:                 21044
            5329 Miles Avenue                                                                                  Received:                    031131104:15 PM
            Oakland, CA 94618                                                                                  EMSLOrder:                   091002360

  Fax:                                                   Phone: (415) 595-9001
                                                                                                               EMSL Pro]:
  Project:      21044: 6400 Neroly Rd., Oakley, CA
                                                                                                               Analysis Date:               311712010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                               Polarized Light Microscopy
                                                                                                                Non·Asbestos                                                              Asbestos
 Sample                       Description                   Appearance                          %      Fibrous                        % Non·Fibrous                                      % Type
  5400-PlMS-PlM-                At bathroom wall             Grayf\r\1hite                                                             100% Non-fibrous (other)                            None Detected
  16-Grout                      base                         Non-Fibrous
  091002350-0016
                                                             Homogeneous

  5400-PLMS-PLM-                AI bathroom wall             GraylWhile                                                                100% Non-fibrous (other)                            None Detected
  17-Grout                      base                         Non-Fibrous
  091002350-0017
                                                             Heterogeneous

  5400-PLMS-PLM-                                             Gray                                                                        97% Non-fibrous (other)                          3% Chrysotlle
  18-12x12 VFT                                               Non-Fibrous
  091002350-0018
                                                             Homogeneous

  5400-PLMS-PLM-                                             Black                                                                       85% Non-fibrous (other)                         15% Chrysotile
  18-Mastlc                                                  Non-Fibrous
  091OO23SO.fJ018A
                                                             Homogeneous

  5400-PLMS-PLM-                                                                                                                                                                        Stop Positive (Not
  19-12x12 VFT &                                                                                                                                                                            Analyzed)
  Mastic
  091002350-0019



  5400-PLMS-PLM-                                             Gray                                                                        97% Non·fibrous (other)                          3% Chrysotlle
  20-9x9 VFT                                                 Non-Fibrous
  091002J5()-OO20
                                                             Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                 Jorge Leon (36)                                                                             Baojia Ke, laboratory Manager
 Grant Mays (43)                                   Rui Cindy Geng (19)                                                                          or other approved signatory


  Due 10 magnification limitations Inherenl in PlM, asbeslos fibers in dimensIons beiowthe resolution capability Of PLM may not be delected. Samples reported as <1% or none delected
  may requlre additional testing by TEM to confirm asbestos quantiUes. The above lest report relates only 10 the Items tested and may not be reproduced In any formv.ithout lha express
 v.Titian approval of EMSLAnalytlcal, Inc. EMSL's liability Is Iimiled 10 the cosl or analysis. EMSL bears no responsibility for sa/ll)le cotlectlon activities or analytical method n!Tlilations.
 Interpretation and use or lesl results are the responsibility of the c!ienlSamples received In good condition unless otherwise noted.
 samples analyzed by EMSl Analytfcal, 1002235 Polvorosa Ave, Suile 230, san leandroCA I'M..AP lab Code 101048-3, MAM000201, WA C2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:09 PM                                                                                                                                                         5
                                         EMSL Analytical, Inc
                                         2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                         Phone: (510) 895-3675            Fax: (510)895.3680           Email: milpitaslab@emsl.co_ffi
                                    E-




  Alln:     James S. Koniuto                                                                                    Customer 10:                KONI62
            Koniuto Consulting                                                                                  Customer PO:                21044
            6329 Miles Avenue                                                                                   Received:                   03113/104:15 PM
            Oakland, CA 94618                                                                                   EMSL Order:                 091002350

  Fax:                                                   Phone: (415) 595-9001
                                                                                                                EMSLProj:
  Project:      21044: 5400 Neroly Rd., Oakley. CA
                                                                                                               Analysis Date:               3/1712010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                                Non-Asbestos                                                               Asbestos
 Sample                       Description                   Appearance                          %      Fibrous                        % Non-Fibrous                                      % Type
  5400-PLMS-PLM-                                             Black                                                                     100% Non·fibrous (other)                            None Detected
  20-Mastic                                                  Non-Fibrous
  091002350-0020A
                                                             Homogeneous

  5400-PLMS-PLM·                                                                                                                                                                        Stop Positive (Not
  21·9x9 VFT                                                                                                                                                                                Analyzed)
  091002350-0021



  5400-PLMS-PLM-                                             Black                                                                     100% Non-fibrous (other)                            None Detected
  21~Mastic
                                                             Non·Fibrous
  09100235O-Q021A
                                                             Heterogeneous

  5400-PLMS-PLM·                At ceiling, east             Brown                            90% Cellulose                             10% Non-fibrous (other)                            None Detected
  22-Fireproofing               side                         Fibrous
  091002350.fJ022
                                                             Homogeneous

  5400-PLMS-PLM-                                             Brown                            90% Cellulose                             10% Non-fibrous (other)                            None Detected
  23-Fireproofing                                            Fibrous
  091OO2350.{)()23
                                                             Homogeneous

  6400-PLMS·PLM·                                             Brown                            90% Cellulose                             10% Non-fibrous (other)                            None Detected
  24-Fireproofing                                            Fibrous
  091002350-0024
                                                             Heterogeneous




 Analyst(s)

 Adam C. Fink (28)                                 Jorge Leon (36)                                                                             Baojla Ke, Laboratory Manager
 Grant Mays (43)                                   Rui Cindy Geng (19)                                                                          or other approved signatory


 Due to magnification limitations Inherent in PLM, asbestos fibers tn dimenslons betcmthe resolution capability of PlM may not be detected. Samples reported as <1% or none detected
 may require additiooal testing by TEM to confirm asbestos quantities. The above test report retales only to the !tams tested and may not be reproduced In any form ....ithou\ the express
 ....Titlan approval of EMSLAnalytlcaJ, Inc. EMSl's Uabitity Is limited 10 the cost of analysis. EMSl bears no responsibility for salll'le co!l(lCtion activities or analytical melhod limitations.
 tnterpretation and use of test results are the responsibility of the dianlSarrpes racelved In good condition unless otheMise noted.
 S8lll>!es analyzed by EMSLAnalytical, 1002235 PolvorosaAve, Suile 230, San LeandroCA NVlAP Lab Code 101048-3, MAM000201, WAC2OQ7

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:10 PM                                                                                                                                                         6
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone:     (5~~t895-3675           Fax: (510)895.3680           Email:     mllpitaslabJi?em,,$I.~,~~




  Alln:    James S. Koniuto                                                                                    Customer ID:                KONI62
           Koniuto Consulting                                                                                  Customer PO:                21044
           5329 Miles Avenue                                                                                   Received:                   03/13/104:15 PM
           Oakland, CA 94618                                                                                   EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                               EMSL ProJ:
  Project:      21044: 5400 Noroly Rd., Oakley, CA
                                                                                                               Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                                Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                          %       Fibrous                       % Non·Fibrous                                      % Type

  5400-PLMS-PLM-                                            White                             98% Cellulose                              2% Non-fibrous (other)                           None Detected
  25-12x12 ACT                                               Fibrous
  091002350-0025
                                                             Heterogeneous

  5400-PLMS-PLM-                                            Tan                                                                       100% Non-fibrous (other)                            None Detected
  25-Mastic                                                 Non-Fibrous
  091OO2350-0025,1J,
                                                             Homogeneous

  5400-PLMS-PLM-                                            White                             98% Cellulose                              2% Non-fibrous (other)                           None Detected
  26-12x12 ACT                                               Fibrous
  091002350-0026
                                                             Heterogeneous

  5400-PLMS-PLM-                                            Tan                                                                       100% Non-fibrous (other)                            None Detected
  26-Mastlc                                                 Non-Fibrous
  09100235O.Q026A
                                                             Heterogeneous

  5400-PLMS-PLM-                                            White                             40% Cellulose                             20% Non-fibrous (other)                           None Detected
  27-2x4 ACT                                                 Non-Fibrous                      40% Glass
  091002J50.oo27
                                                             Homogeneous

  5400-PLMS-PLM-                                            White                             40% Cellulose                             20% Non-fibrous (other)                           None Detected
  28-2X4 ACT                                                 Fibrous                          40% Glass
  091002350·0028
                                                             Heterogeneous




 Analyst(s)

 Adam C. Fink (28)                                 Jorge Leon (36)                                                                            Baojla Kef Laboratory Manager
 Grant Mays (43)                                   Rui Cindy Geng (19)                                                                         or other approved signatory


 Due 10 maglificalionllmitations !nherenlin PLM, asbestos fibers in dimensions belO'N the resOlution capabllity of PLM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM to confirm asbestos quanijlies. The above test report relates only to the Ilems tested and may not be reproduced In any formVtlthou! the express
 ....riUeo approval of EMSLAnaI}'1:lcal, Inc. EMSL's "ability Is limited to the cost of analysis. EMSL bears no responsibility for sarrple collection activltias or analytical method limitations.
 Interpretation and use of test results are the responsibility of the dlenlsarrples recelved in good condition unless otherwise noted.
 Sarro/es anatvzed by EMSLAnalylical, 1002235 PoIvorosaAva, Suite 230, San LeandroCANVlAP lab Code 101048--3, MAAA000201, WAC2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:11 PM                                                                                                                                                      7
                                     EMSL Analytical, Inc
                                     2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                     Phone: (510L895.3675              Fax: (510) 895.3680          Email: mf!pJtaslab@emsl.com




  AlIn:    James S. Koni uto                                                                                Customer 10:                KONI62
           Koniuto Consulting                                                                               Customer PO:                21044
           6329 Miles Avenue                                                                                Received:                   03/13/104:15 PM
           Oakland, CA 94618                                                                                EMSLOrder:                  091002350

  Fax:                                                 Phone: (415) 595-9001
                                                                                                            EMSL ProJ:
  Project:     21044: 5400 Neroly Rd., Oakley, CA
                                                                                                            Analysis Date:              3117/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                             Non-Asbestos                                                            Asbestos
 Sample                       Description                 Appearance                         %      Fibrous                       % Non-Fibrous                                     % Type

  5400-PLMS-PLM-               At front office             Various                          10% Cellulose                            90% Non-fibrous (other)                          None Detected
  29-Drywall                                                Fibrous
  091002J50.0029
                                                            Heterogeneous

  5400-PLMS-PLM-               At front office             Tan                                                                       96% Non-fibrous (other)                         4% Chrysotile
  29-Taping Mud                                            Non-Fibrous
  091002350.()Q29A
                                                            Homogeneous

  5400-PLMS-PLM-               At back office              Various                          10% Cellulose                            90% Non-fibrous (other)                          None Detected
  30-Drywall                                                Fibrous
  091002350-0030
                                                            Heterogeneous

  5400-PLMS-PLM-               At back office              White                                                                   100% Non-fibrous (other)                           None Detected
  30-Taplng Mud                                            Non·Fibrous
  091OO2J5O..OQ30A
                                                            Homogeneous

  5400-PLMS-PLM-               At bathroom wall            Various                          10% Cellulose                            90% Non-fibrous (other)                          None Detected
  31-Drywall                                               Fibrous
  091002350.0031
                                                            Heterogeneous

  5400-PLMS-PLM-               At bathroom wall            Tan                                4% Cellulose                           96% Non-fibrous (other)                          None Detected
  31-Taplng Mud                                             Non-Fibrous
  091002J5O..OQ31A
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                          8aoJIa Ke, laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                        or other approved signatory


 Due to magnification limitations Inherent in PlM, asbestos fibers In dimensions below the resolution capability or PlM may nol be detected. SSfIl)Ies reported as <1% or none detected
 may requlre adOitionallesting byTEM 10 oomnn asbestos quantities. The above lest report relates only to the Items tested and may not be reproduced in any fonnmUlout the express
 v.TiUen approval or EMSL Analytical, Inc. EMSL's liability Is limited to the cost 0( analysis. EMSL bears no responsibility for sarrple collection ac6viUes or analytical method limitations.
 Interpretation and use of test results are the responsibility or \he cJienlSarrples received in good coootion unless olheMise noted.
 sarrplas analyzed by EMSLAnalytlcal, Inc 2235 Polvorosa Ave ,Suite 230, san LeandroCA NVlAP Lab Code 101048-3, MAAA000201, WAC2007

Test Report PLM-7.12.0 Ponted: 413012010 6:31:11 PM                                                                                                                                                   8
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone: (5i0) 895-3675              Fax: (510) 895·3680           Email: mllilllaslab@emsl.coOl
                                                                                                                                                                                                     ._,


  Alln:     James S. Koniuto                                                                                   Customer fD:                KONI62
            Koniuto Consulting                                                                                 Customer po:                21044
            6329 Miles Avenue                                                                                  Received:                   03/13/104:15 PM
            Oakland, CA 94618                                                                                  EMSL Order:                 091002350

  Fax:                                                   Phone: (415) 595-9001
                                                                                                               EMSL Pro):
  Project:       21044: 5400 Neroly Rd., Oakley, CA
                                                                                                               Analysis Date:              3/17/2010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                               Polarized Light Microscopy
                                                                                                                Non-Asbestos                                                              Asbestos
 Sample                       Description                   Appearance                         %       Fibrous                       % Non·Flbrous                                      % Type
  5400-PLMS-PLM-                At interior of back         TanlWhite                                                                 100% Non·fibrous (other)                            None Detected
  32-Wall Texture               office                      Non-Fibrous
  091002350-0032
                                                             Heterogeneous

  5400-PLMS-PLM-                At exterior of back TanlWhite                                                                         100% Non-fibrous (other)                            None Detected
  33-Wall Texture               office              Non-Fibrous
  091002350.{)O33
                                                             Heterogeneous

  5400-PLMS-PLM-                                            Gray                                                                      100% Non-fibrous (other)                            None Detected
  34-Base Cove                                               Non-Fibrous
  091002J!j()..{)()34
                                                             Homogeneous

  5400-PLMS-PLM-                                            Brown                                                                     100% Non-fibrous (other)                            None Detected
  34-Glue                                                    Non-Fibrous
  091G02J5O.(}()34A
                                                             Homogeneous

  5400-PLMS-PLM-                At field                    Black                               5% Cellulose                            95% Non-fibrous (other)                           None Detected
  35-Tar & Graver                                           Fibrous
  Roof
  091002350-0035
                                                             Heterogeneous

  5400-PLMS-PLM-                Atfreld                     Black                               5% Cellulose                            95% Non-fibrous (other)                           None Detected
  36-Tar & Gravel                                           Fibrous
  Roof
  091002350-0036
                                                             Heterogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                             Bao]la Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                          or other approved sIgnatory


  Due to magnification limitations Inherent In PLM, asbestos fibers In dimensIons below tha resolution capabllity of PLM may nol be detected. Samples reported as <1% or none detected
 may require oodmonaltesting by TEM to confirm asbestos quantities. The above test report relates only to \he items tested and may not be reproduced In any formv,ithout \he express
 ....riUen approval Of EMSLAnalytlcal, Inc. EMSL's liability Is limited (0 the cost of analysis. EMSL bears no responslbllity for salll)le collection activlties or analytical method limitations.
 Interpretation and use of test results are \he responsibility of the dienlSaJl1)les received In good COI"Kfition unless otherwise noted.
 Sarrples analyzed by EMSLAna!ytlcal, Inc 2235 PolvorosaAve, Suite 230, SanleandroCA NVLAP Lab Code 101048-3, MAMOOO201, WAC2007

Test Report PLM-7_12.0 Ponted: 4/30/2010 6:31:12 PM                                                                                                                                                        9
                                       EMSL Analytical, Inc
                                       2235 Polvorosa Ave, Suite 230, San Leandro, CA 94677
                                       Phone: {510} 895-3675              Fax: (610) 895·3680          Email: ptllnllaslab@emsl com




  Attn:     James S. Koni uto                                                                                   Customer 10:                KONI62
            Koniuto Consulting                                                                                  Customer PO;                21044
            6329 Miles Avenue                                                                                   Received:                   031131104:15 PM
            Oakland, CA 94618                                                                                   EMSLOrder:                  091002350

  Fax:                                                   Phone: (415) 595-9001
                                                                                                                EMSLProj:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                                Analysis Date:              311712010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                               Polarized Light Microscopy
                                                                                                                 Non·Asbestos                                                              Asbestos
 Sample                        Description                  Appearance                          %      Fibrous                        % Non-Fibrous                                       % Type
  6400-PLMS-PLM-                At roof vent                 Gray                                                                       85% Non-fibrous (other)                          16% Chrysotlle
  37-Mastic                     penetration                  Non-Fibrous
  09100235CJ..OO37
                                                              Homogeneous

  6400-PLMS-PLM-                At roof HVAC                 Black                                                                     100% Non-fibrous (other)                            None Detected
  38-Roof Patch                 equipment                    Non-Fibrous
  091002350-0038
                                                              Homogeneous

  5400-PLMS-PLM-                At roof HVAC                 Beige                            95% Synthetic                               5% Non-fibrous (other)                           None Detected
  39-Seam Tape                  equipment                     Fibrous
  091002350-0039
                                                              Homogeneous

  6400-PLMS-PLM-                At roof HVAC                 White                           100% Glass                                   0% Non-fibrous (other)                           None Detected
  40·Vibrallon                  equipment                    Fibrous
  Damper Cloth
  091OO2350-<J040
                                                             Homogeneous

  5400-CO-PLM41                                              White                            40% Cellulose                             20% Non-fibrous (other)                            None Detected
  12x12 ACT                                                   Fibrous                         40% Glass
  091002350-0041
                                                              Homogeneous

  5400-CQ.PLM42                                              While                            40% Cellulose                             20% Non-fibrous (other)                            None Detected
  12x12 ACT                                                  Fibrous                          40% Glass
  091G0235Q.OO42
                                                             Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                 Jorge Leon (36)                                                                             Bao]la Ke, Laboratory Manager
 Granl Mays (43)                                   Rui Cindy Geng (lg)                                                                          or other approved sIgnatory


 Due to magnification ~mital!ons Inherent in PlM, asbestos fibers In dimenslons below the resolution capability of PlM may not be detected. Samples reporte<l as <1% or none detected
 may require ad<Iitlonal testing byTEM 10 confirm esbestos quanutles. The above lesl report relates only 10 the Items tesled and may not be reproduced In any fonnv.ilhoul the express
 v.'rit!en approval of EMSl Analytical, Inc. EMSl's liability Is limited to the cost of analysis. EMSl bears no responsibility for S<lrrpte collection activltles or analytical method limitations.
 Interpretation and use of test results are the responsibility of the clienlSarrples received In good con<l1t1on unless olherv.ise noted.
 Sarrples analyzed by EMSlAnalytical, 1002235 PolvorosaAve, Su,1e 230, San LeandfOCA I'M..AP lab Code 101048-3, MAMOQ0201, WAC2007

Test Report PLM-7_12.0 Ponted: 4130120106:31:13 PM                                                                                                                                                         10
                                      EMSL Analytical, Inc
                                       2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone: (510) 896-3675              Fax: (Si0) 895·3680           Email: mllpltaslab@emsl.com




  Attn:     James S. Koniuto                                                                                   Customer ID:                KONI62
            Koniuto Consulting                                                                                 Customer po:                21044
            5329 Miles Avenue                                                                                  Rece1ved:                   031131104:15 PM
            Oakland, CA 94618                                                                                  EMSL Order:                 091002350
  Fax:                                                   Phone: (415) 595-9001
                                                                                                               EMSLProj:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                               Analysis Date:              3117/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                              Asbestos
 Sample                       Description                  Appearance                          %      Fibrous                        % Non·Flbrous                                      % Type
  5400-CO-PLM-43                                            White                             40% Cellulose                            20% Non-fibrous (other)                           None Detected
  12x12 ACT                                                 Fibrous                           40% Glass
  091002350-0043
                                                             Homogeneous

  5400-CO-PLM-44-                                           Brown                                                                     100% Non-fibrous (other)                           None Detected
  Vinyl Base                                                Non·Flbrous
  091002J50.0044
                                                             Homogeneous

  5400-CO-PLM-44-                                           White                                                                     100% Non-fibrous (other)                           None Detected
  Mastfc1                                                   Non-Fibrous
  09100235fJ.OO44A
                                                             Homogeneous

  5400-CO-PLM-44-                                           Brown                                                                    100% Non-fibrous (other)                            None Detected
  Mastic 2                                                  Non-Fibrous
  ogl002350-0044B
                                                             Homogeneous

  5400-CO-PLM-45-                                           Brown                                                                    100% Non-fibrous (other)                            None Detected
  Vinyl Base                                                Non-Fibrous
  091002350·0045
                                                             Homogeneous

  5400-CO-PLM-45-                                           Brown                                                                    100% Non-fibrous (other)                            None Detected
  Mastic                                                     Non-Fibrous
  091002350-0045,tl,
                                                             Homogeneous




 Anatyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                            8aojla Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (1g)                                                                         or other approved signatory


 [)U(l to magnification Iimitalions inherent In PLM, asbestos fibers In dimenslons below the resolution capability of PLM may not be detected. Samples reported as <1% Of none detected
 may require additional testing by TEM to confirm asbestos quantities. The above tesl report relates only to the Hems tasted and may not be reproduced In afrJ formv.ithoullhe express
 ....Tillen approval of EMSLAnalytical, Inc. EMSl's Habllity Is limited to the cost of analysis. EMSl bears no responSibility for sarrpla collection activities or analytical method limitations.
 Interpretation and use of test results are the responsibility of the dJentsarrples race!ved In good condition unless otherwise noted.
 Sa~as analyzed by EMSlAnalytical, Jnc 2235 Polvorosa Ave , Suite 230, san LeandroCA!'M..AP Lab Code 101048-3, MAMOOO20f, WAC2007
Test Report PLM-7.12.0 Printed: 413012010 6:31:14 PM                                                                                                                                                     11
                                        EMSL Analytical, Inc
                                        2235 Polvorosa Ava, Suito 230, San Leandro, CA 94577
                                        Phone: (5i0) 895-3675            Fax: (510) 895·3680          Emall: milpitaslab@emsl.cQm
                                   ,-     ---                                                                              -           __   ."                                                     -   ,




                                                                                                                               ~
                                                                                                                                   .
                                                                                                                                                  ~
  Alln:     James S. Koniuto                                                                                  Customer 10:                            KONI62
            Koniuto Consulting                                                                                Customer po:                            21044
            5329 Miles Avenue                                                                                 Received:                               03/13/104:15 PM
            Oakland, CA 94518                                                                                 EMSL Order:                             091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                              EMSL Pro):
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                             Analysis Date:                           3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non~Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %       Fibrous                                    % Non-Fibrous                        %    Type
  5400-CO-PLM-46-               At shower room              White                            10% Cellulose                                        90% Non-fibrous (other)               None Detected
  Drywall                                                   Non·Fibrous
  091002350-0046
                                                            Homogeneous

  5400-CO-PLM-46-               At shower room              While                                                                                 98% Non-fibrous (other)               2% Chrysotile
  Taping Mud                                                Non·Flbrous
  091002J5O.OQ46A
                                                            Homogeneous

  5400-CO-PLM-47-              At back room                 White                            10% Cellulose                                        90% Non-fibrous (other)               None Detected
  Drywall                                                   Non-Fibrous
  091002J50.0047
                                                            Homogeneous

  5400-CO-PLM-47-              At back room                 White                                                                                 98% Non-fibrous (other)              2% Chrysotlle
  Taping Mud                                                Non-Fibrous
  09fOO2350-0047A
                                                            Homogeneous

  5400-CO-PLM-48-              At SW corner                 White                            10% Cellulose                                        90% Non-fibrous (other)               None Detected
  Drywall                       office                      Non-Fibrous
  091002350-0048
                                                            Homogeneous

  5400-CO-PLM-48-              At SW corner                 White                                                                                 98% Non-fibrous (other)              2% Chrysotlle
  Taping Mud                   office                       Non-Fibrous
  09100235MJ048A
                                                            Homogeneous




 Analysl(s)

 Adam G. Fink (28)                                Jorge Leon (35)                                                                                      8aojla Ke, Laboratory Manager
 Grant Mays (43)                                  Rul Cindy Geng (19)                                                                                   or other approved signatory


  Due to magnification fimilatlons Inherent In PlM, asbestos fibers In dimensIons belowthe resolution capabllity Of PlM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM to confirm asbestos quantities. The above test report relates only to the Hems tested and may not be reproduced In any form without the express
 'Millen approval Of EMSL Analytical, Inc. EMSL's liabllity Is fimited to the cost of analysis. EMSL bears no respooslbllity for sarrple collection activities or analytical melhod limitations.
 Interpretation and use of test results are the responsibility of the dieolsarrples recelved In good condition unless otheMise noted.
 Sarrples analyzed by EMSL Analyllcal, Inc 2235 Polvorosa Ave, Suite 230, san LeandfOCA NVLAP Lab Code 101048-3, MA M000201, WA ClO07

Test Report PLM-7.12.0 Prinled: 4/30/2010 6:31:15 PM                                                                                                                                                       12
                                       EMSL Analytical, Inc
                                       2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                       Phone: {510} 895-3675               Fax: (510) 895·3680         Email: mitpitaslab@emsl com
                                   , ,._.   '"_._.,._-




  Attn:     James S. Koniuto                                                                                    Customer 10:                KONI62
            Koniuto Consulting                                                                                  Customer po:                21044
            5329 Miles Avenue                                                                                   Received:                   031131104:15 PM
            Oakland, CA 94618                                                                                   EMSLOrder:                  091002350

  Fax:                                                       Phone: (415) 595-9001
                                                                                                                EMSL Pro):
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                               Analysis Date:               311712010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                               Polarized Light Microscopy
                                                                                                                Non·Asbestos                                                               Asbestos
 Sample                        Description                     Appearance                       %      Fibrous                        % Non·Flbrous                                       % Type

  5400-CO-PLM-49-               At shower room                 White                                                                   100% Non-fibrous (other)                            None Detected
  Ceramic Tile                                                  Non-Fibrous
  091002350-0049
                                                                Homogeneous

  5400-CO-PLM-49-               At shower room                 White                                                                    98% Non-fibrous (other)                            2% Chrysotlle
  Grout                                                        Non-Fibrous
  09100235Q-0049A
                                                                Homogeneous

  5400-CO-PLM-49-               At shower room                 Gray                                                                     98% Non-fibrous (other)                           2%, Chrysotile
  Mastic                                                        Non-Fibrous
  091002350-00499
                                                                Homogeneous

  5400-CO-PLM-50-               At large room                  White                                                                    98% Non-fibrous (other)                           2% Chrysotlle
  9x9 VFT                                                      Non-Fibrous
  091002350-0050
                                                                Homogeneous

  5400-CO-PLM-50-               At large room                  Black                                                                    95% Non-fibrous (other)                           5% Chrysotile
  Mastic                                                        Non-Fibrous
  091OO2350-ooSOA
                                                                Homogeneous

  5400-CO-PLM-51                At supply closet                                                                                                                                        Stop Positive (Not
  9x9 VFT and Masllc                                                                                                                                                                        Analyzed)
  O9f002J5(M()51




 Analyst(s)

 Adam C. Fink (28)                                       Jorge Leon (36)                                                                       Bao]ia Ke, Laboratory Manager
 Grant Mays (43)                                         Rui Cindy Geng (19)                                                                    or other approved signatory


 Due to magnification limitations Inherent in PlM, asbestos fibers In dimensions below lha resolution capability of PLM may not be detected. Samples reported as <1% Of nona detected
 may require additional tasting byTEM to confinn asbestos quantities. The above test report relates only to the items tested and may not be reproduced rn any formwilhOut the express
 ....Tillen approval Of EMSLAnalytiCal, Inc. EMSL's Jlability Is Ilmited to lha cost Of analysis. EMSL bears no rasponsibility for sarfl)la collection activities or analytical method limitations.
 Interpretation and usa or test results are lha responsibility of the cUMlSarfl)les recelved In good condition unless otherwise noled.
 Sarro/as analyzed by EMSL Analytical, Inc 2235 Potvorosa Ave, Suite 230, San LeandrOCA NVLAP Lab Code 101048-3, MA AA000201, WA C2007

Test Report PLM-7.12.0 Ponted: 4130120106:31 :16 PM                                                                                                                                                          13
                                      EMSL Analytical, Inc
                                      2236 Polvorosa Ave, SUlle 230, San Leandro, CA 94677
                                      Phono: (610) 895·3675              Fax: (510) 895·3680          Email: milpitaslab@emsl.com




  Attn:    James S. Koniuto                                                                                   Customer 10:                KONI62
           Koniuto Consulting                                                                                 Customer po:                21044
           5329 Miles Avenue                                                                                  Received:                   03/13/104:15 PM
           Oakland, CA 94618                                                                                  EMSL Order:                 091002350

  Fax:                                                  Phone: (416) 595-9001
                                                                                                              EMSL Proj:
  Project:      21044: 6400 Neroly Rd., Oakley, CA
                                                                                                              Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                              Asbestos
 Sample                       Description                  Appearance                          %      Fibrous                        %    Non-Fibrous                                   % Type
  5400-CO-PLM-52     At kitchen                                                                                                                                                       Stop Positive (Not
  9x9 VFT and Mastic                                                                                                                                                                      Analyzsd)
  091002350-0052



  5400-CO-PLM-53                At bathroom waH             Brown                                                                      98% Non-fibrous (other)                          2% Chrysotlle
  Tile Grout                                                 Non-Fibrous
  091002350-0053
                                                             Homogeneous

  6400-CO-PLM-54                At wall chair rail          Brown                                                                    100% Non-fibrous (other)                            None Detected
  Adhesive                                                   Non-Fibrous
  091002350-0054
                                                             Homogeneous

  5400-CO-PLM-55-               AI (rooQ field              Silver                                                                     90% Non-fibrous (other)                         10% Chrysotlle
  Paint                                                      Non-Fibrous
  091002350-0055
                                                             Homogeneous

  5400-CO-PLM-55-               At (rooQ field              Black                            30% Cellulose                             20% Non-fibrous (other)                         50% Chrysotlle
  Roofing                                                    Fibrous
  091002J50.0055A
                                                             Homogeneous

  5400-CO-PLM-55-               At (rooQ field              Black                                                                    100% Non-fibrous (other)                            None Detected
  Tar                                                        Non-Fibrous
  09fOO2J50..0055B
                                                             Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                            Baojia Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                         or other approved signatory


 Due to magnification Hrnila!ions Inherent In PlM, asbestos fibers In dimensions below the resolution capability of PlM may not be detected. Samples reported as <1% or none detected
 may requlre additionallesting by TEM 10 confinn asbestos quantities. The above lesl report relates only 10 the Items tested and may not be reproduced In any fonn without the e;ypress
 v.'lilten approval of EMSLAnalytical, Inc. EMSL's liability Is limited 10 the cost of analysis. EMSL bears no responslbllity for sarrpla collection activities or analytical method limitations.
 Interpretation and use of test results are the responsibility of the c!!entsarrples recelvedln good condition unless otherwise noted.
 samoles analyzed by EMSL Analytical, Inc 2235 Polvorosa Ave, Suite 230, san Lean<lfoCA NVLAP Lab Code 101048-3, MAAA000201, WA C2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:17 PM                                                                                                                                                       14
                                      EMSL Analytical, Inc
                                      2236 Polvorosa Ave. Suite 230, San Leandro, CA 94577
                                   , ~~~~,~~:~J~10} ~.~~.3~676 .                                    __
                                                                       . F~_~: .~~_~~L~~:~~_~_~~,_,. ':..~~il_: __ .~~~l~~S[~.~.F1~m~'   . coT.


  Attn:    James S. Koniuto                                                                                   Customer ID:                 KONI62
           Koniuto Consulting                                                                                 Customer po:                 21044
           5329 Miles Avenue                                                                                 Received:                     03/13/104:15 PM
           Oakland, CA 94618                                                                                 EMSL Order:                   091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                             EMSLProj:
  Project:      21044: 6400 Neroly Rd., Oakley, CA
                                                                                                             Analysis Date:                3/1712010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                              Non-Asbestos                                                             Asbestos
 Sample                       Description                 Appearance                          %      Fibrous                        % Non-Fibrous                                     % Type

  5400-CO-PLM-55-              At (roan field              Brown                             80% Cellulose                               20% Non·fibrous (other)                       None Detected
  Sub Roofing                                               Fibrous
  09100235().()O55(;
                                                            Homogeneous

  5400-CO-PLM-56               At (roan field                                                                                                                                       Slop Positive (Not
  Paint and Roofing                                                                                                                                                                     Analyzed)
  091002350-0056



  5400-CO-PLM-57-              Alroo! HVAC                 Black                                                                    100% Non-fibrous (other)                           None Detected
  Tar Patch                                                Non-Fibrous
  091002350-0057
                                                            Homogeneous

  5400-CO-PLM-57-              At roof HVAC                Black                             30% Cellulose                               20% Non-fibrous (other)                     60% Chrysotlle
  Roofing                                                  Fibrous
  091oo2J50.0057A
                                                            Homogeneous

  5400-CO-PLM-58               At vent penetration Gray                                                                                  85% Non-fibrous (other)                     15% Chrysotlle
  Roof Mastic                                      Non-Fibrous
  091002350-0058
                                                            Homogeneous

  5400-HQ-PLM-59-              At hallway                  Gray                                                                     100% Non-fibrous (other)                           None Detected
  12x12 Floor Tile 1                                       Non-Fibrous
  091oo2J5O.()(}59
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                             Baojla Ke, Laboratory Manager
 Granf Mays (43)                                  Rui Cindy Geng (19)                                                                          or other approved signatory


 Due to magnlflC<ltlon limitations lnhereotln PlM, asbestos fibers In dimenslons belowthe resolution capability of PLM may 001 be detected. Samples reported as <1% or none detected
 may require additional testing byTEM 10 confirm asbestos quantities. The above lesl report relales only to the Items lested and may not be reproduced In any 1ormwithoul the express
 written approval of EMSLAnalytical, Inc. EMSL's liability Is limited 10 the cost of analysis. EMSL bears no responsibility for sarrple collection activities or analytical method limitations.
 Intl3fj)ffitation and use of lest results are the responsibility of the dienlSarrf!les recelved In good condition unless othelWlse noted.
 samples analvzed by EMSLAnalytical, Inc 2235 Polvorosa Ava, Suite 230, san leandroCA NVlAP lab Code 101048-3, 'MM000201, WAC2007

Test Report PLM-7.12.0 Ponted: 4/30/2010 6:31:18 PM                                                                                                                                                      15
                                      EMSL Analytical, Inc
                                      2236 Polvorosa Ave, Suite 230, San Leandro, CA 94677
                                      Phone: (510)895-3675              Fax: (510) 895·3880          Email: mllpitaslab@em"sl.com




  Alln:    James S. Koni uto                                                                                 Customer JD:                KONI62
           Konluto Consulting                                                                                Customer po:                21044
           5329 Miles Avenue                                                                                 Received:                   03/13/104:16 PM
           Oakland, CA 94618                                                                                 EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 596-9001
                                                                                                             EMSLProj:
  Project:      21044: 6400 Neroly Rd'l OakleYl CA
                                                                                                             Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                              Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %      Fibrous                       % Non-Fibrous                                      % Type

  6400-HQ-PLM-59-              At hallway                   Brown                                                                   100% Non-fibrous (other)                           None Detected
  Mastic 1                                                  Non-Fibrous
  091002J50..00S9A
                                                            Homogeneous

  5400-HQ-PLM-59-              At hallway                   While                                                                     98% Non·fibrous (other)                          2% Chrysotlle
  12x2 FtoorTlle 2                                          Non-Fibrous
  091OO235041OS98
                                                            Homogeneous

  5400-HQ-PLM-59-              At hallway                   Black                                                                    92% Non-fibrous (other)                           8% Chrysotlle
  Mastlc 2                                                  Non-Fibrous
  091002J5O-{)()59C
                                                            Homogeneous

  5400-HQ-PLM-60-              At hallway                  Gray                                                                     100% Non-fibrous (other)                           None Detected
  12x12 Floor Tile 1                                        Non-Fibrous
  091002350-0060
                                                            Heterogeneous

  5400-HQ-PLM-60-              At hallway                   Brown                                                                   100% Non-fibrous (other)                           None Detected
  Mastic 1                                                  Non·Flbrous
  091OO235O-OO6OA
                                                            Heterogeneous

  5400-HQ-PLM-60-              At hallway                                                                                                                                           Stop Positive (Not
  12x12 Floor Tile 2                                                                                                                                                                .   Analyzed)
  091OO2350.{)()6OB




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                           Baojra Kef Laboratory Manager
 Grant Mays (43)                                  Rul Cindy Geng (19)                                                                        or other approved signatory


 Due to magnification limitations inhefenlln PLM, asbestos fibers In dimensions below the resolution capability of PlM may not be detected. Samples reported as <1% Of nona detected
 may requfra additional testing by TEM to confinn asbestos quantities. The ab<lve test report relates only to the Hems tested and may not be reproduced In any fOllTlmlhout the eJq)rass
 written approval of EMSL Analytical, loc. EMSL's "ability Is limited to the cost of analysis. EMSL bears no responslbility fO( sarrple collection activities 0( analytical method limitations.
 lntetpretalion and use of test results are the responsibllity oftha cllefllSarrples rece!ved In good coOOtion unless otheMise noted.
 Safll>les analyzed by EMSl Anatylical, fnc 2235 PoIvorosaAve, SUlte 230, San LeandfoCA NVlAP lab Code 101048-3, MAMOOO201, WA 02007

Test Report PLM-7.12.0 Ponted: 4/30/2010 6:31:18 PM                                                                                                                                                      16
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone: (510) 895·3675              Fax: (510) 895·3680          Email: milpitaslab@ems1.com
                                   i--·   -   ~




  Attn:    James S. Koniuto                                                                                   Customer 10:                KONI62
           Koniuto Consulting                                                                                 Customer PO:                21044
           5329 Miles Avenue                                                                                   Received:                  03/13/104:15 PM
           Oakland, CA 94618                                                                                   EMSL Order:                091002350
  Fax:                                                  Phone: (415) 595-9001
                                                                                                               EMSL Pro):
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                              Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                              Asbestos
 Sample                       Description                  Appearance                          %      Fibrous                        % Non-Fibrous                                      % Type
  5400-HQ-PLM-60-               At hallway                                                                                                                                            Stop Positive (Not
  Mastic 2                                                                                                                                                                                Analyzed)
  091002350-00eoc



  5400-HQ-PLM-61-               At women's RR               Gray                                                                     100% Non-fibrous (other)                            None Detected
  RSF                                                       Non-Fibrous
  091002350-0061
                                                             Homogeneous

  5400-HQ-PLM-61-               At women's RR               Tan                              40% Glass                                 60% Non-fibrous (other)                           None Detected
  Paper Backing                                             Fibrous
  091002350.(lOSIA
                                                             Homogeneous

  5400-HQ-PLM-62-               At men's RR                 Gray                                                                     100% Non-fibrous (other)                            None Detected
  RSF                                                       Non-Fibrous
  091002J50.0062
                                                             Heterogeneous

  5400-HQ-PLM-62-               At man's RR                 Tan                              40% Glass                                 60% Non-fibrous (other)                           None Detected
  Paper backing                                             Fibrous
  091002J50.0062A
                                                             Heterogeneous

  5400-HQ-PLM-63-              At SE office                 While                                                                      98% Non-fibrous (other)                          2% Chrysotile
  12x12 VFT                                                 Non-Fibrous
  0910023&J-()063
                                                             Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                            Baojia Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Gang (19)                                                                         or other approved signatory


 Due to magnification limitations Inherent in PlM, asbestos fibers In dimensions belowthe resolution capability of PLM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM to oonIirmasbestos quantities. The above test report relates only to the Items tested and may not be reproduced In any form",ithoul the express
 v.l"ilten approval of EMSLArnltytlcal, tnc. EMSL's liabitityls limited to the cost of analysis. EMSl bears no responsibility for sarrple collection activities or analytleal method limitations.
 Interpretation and use of lest results are the responsibility of the clienl5arrples recelved In good condition unless otherwise noted.
 sarrptes analyzed by EMSlAnalytical, Inc 2235 Polvorosa Ave, Suite 230, sanleandroCA JIM.AP lab Code 101048-3, MAM000201, WAC2007

Test Report PLM-7.12.0 Prtnted: 4/30/2010 6:31:19 PM                                                                                                                                                       17
                                        EMSL Analytical, Inc
                                        2235 Polvoros. Ave, Sulle 230, San Leandro, CA 94577
                                       Phone: (510}895-3675               Fax: (510) 895-3680          Email: mllpltaslab:IDemsl.com
                                    i",-~,




  Attn:     James S. Koniuto                                                                                    Customer 10:                KONI62
            Koniuto Consulting                                                                                  Customer PO:                21044
            5329 Miles Avenue                                                                                   Received:                   03/13/104:15 PM
            Oakland, CA 94618                                                                                   EMSL Order:                  091002350

  Fax:                                                   Phona: (415) 595-9001
                                                                                                                EMSLPro):
  Project:      21044: 6400 Neroly Rd., Oakley, CA
                                                                                                                Analysis Date:              3/1712010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                              Polarized Light Microscopy
                                                                                                                 Non·Asbestos                                                              Asbestos
 Sample                       Description                 . Appearance                          %      Fibrous                         % Non-Fibrous                                      % Type
  5400-HQ-PLM-63-               At SE office                 Black                                                                       92% Non-fibrous (other)                           8% Chrysotile
  Mastic                                                      Non·Fibrous
  091002350-OO63A
                                                              Homogeneous

  5400-HQ-PLM-64- At NW office                                                                                                                                                           Slop Positive (Not
  12x12 VFT & Mastic                                                                                                                                                                         Analyzed)
  09100235MJ064



  5400-HQ-PLM-65-               At NE office                 White/Black                                                                 95% Non-fibrous (other)                           5% Chrysotlle
  9X9VFT                                                     Non-Fibrous
  091002350.0065
                                                             Homogeneous

  5400-HQ-PLM-65-               At NE office                 Black                                                                     100% Non-fibrous (other)                             None Detected
  Mastic                                                     Non-Fibrous
  09fOO2350-0065A
                                                             Homogeneous

  5400-HQ-PLM-66-               At NE office                                                                                                                                             Stop Positive (Not
  9X9 VFT                                                                                                                                                                                    Anatyzed)
  091002J50.0066



  5400-HQ-PLM-66-               At NE office                 Black                                                                     100% Non-fibrous (other)                             None Detected
  Mastic                                                     Non-Fibrous
  091002350-{)Q66A
                                                             Heterogeneous




 Analyst(s)

 Adam C. Fink (28)                                 Jorge Leon (36)                                                                             Baojia Ke, Laboratory Manager
 Grent Meys (43)                                   Rui Cindy Geng (19)                                                                          or other approved signatory


 Due (0 magnification Iimltations Inherent In PlM, asbestos fibers In dimensions below the resolution capability of PlM may not be detected. Samples reported as <1% or none detected
 may require additional testing byTEM (0 coriirmasbestos quantities. The abow test reporirelates only 10 the Items tested and may not be reproduced In 3frj fonnVrithoui the express
 ....'lilten approval of EMSL Analytical, Inc. EMSL's liability Is limited to the cost of analysis. EMSL bears no responsibility for sarrple collection activities or anaIyIIcal method limitations.
 Interpretation and use of test results are the responslbtlity of the c!ienlSarrples received In good condition unless otherwise noted.
 Samples analyzed by EM&Anafvtica!, Inc2235 PolYorosaAve, Suite 230, san leandroCA NVlAP Lab Code 101048-3, MAAA000201, WAC2007

Test Report PLM-7.12.0 Ponted: 4/30/2010 6:31:20 PM                                                                                                                                                           18
                                      EMSL Analytical, Inc
                                       2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                      Phone: (SiO) 895-3675               Fax: (510)895.3680           Email: mllpitaslabUlornsl.com
                                                                                                                                                          -",,7T727TS37Z




  AUn:      James S. Koniuto                                                                                   Customer ID:                KONI62
            Konluto Consulting                                                                                 Customer PO:                21044
            5329 Miles Avenue                                                                                  Received:                   03/13/104:15 PM
            Oakland, CA 94618                                                                                  EMSL Order:                 091002350
  Fax:                                                   Phone: (415) 595-9001
                                                                                                               EMSLProj:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                               Analysis Date:              3/17/2010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                               Polarized Light Microscopy
                                                                                                                Non-Asbestos                                                              Asbestos
 Sample                       Description                   Appearance                         %       Fibrous                        % Non-Fibrous                                      %   Type

  5400-HQ-PLM-87-               At N end                     White                            60% Cellulose                             40% Non-fibrous (other)                           None Detected
  12x12 ACT                                                  Fibrous
  091002350-0067
                                                             Homogeneous

  5400-HQ-PLM-88-               At N end                     White                            60% Cellulose                             40% Non-fibrous (other)                           None Detected
  12x12 ACT                                                  Fibrous
  09100235Q.f.J06fJ
                                                             Heterogeneous

  5400-HQ-PLM-89-                                           White                             40% Cellulose                             60% Non-fibrous (other)                           None Detected
  2x4ACT                                                     Fibrous
  091002350-0069
                                                             Homogeneous

  5400-HQ-PLM-70-                                           White                             40% Cellulose                             60% Non-fibrous (other)                           None Detected
  2X4ACT                                                     Fibrous
  091002350-0070
                                                             Heterogeneous

  5400-HQ-PLM-71-               At W side                   White                             20% Glass                                 60% Non-fibrous (other)                           None Detected
  1x1 ACT                                                    Fibrous                          20% Cellulose
  091OO2350.(J()71
                                                             Homogeneous

  5400-HQ-PLM-72-               At SE room                  White                             20% Glass                                 60% Non-fibrous (other)                           None Detected
  1x1 ACT                                                    FIbrous                          20% Cellulose
  091002350.(J()72
                                                             Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                             Baojla Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                          or other approved signatory


 000 to magnification limitations Inherent In PLM, asbestos fibers In dimensions bela.v the resolution capabllity of PlM may not be detected. Samples reported as <1% ornons detected
 may reqtirs additional testing by TEM 10 C()flfirm asbestos quantities. The above testreport relates only to the Items lested and may not be reproduced In any form without the express
 Yrritteo approval of EMSL Analytical, Inc. EMSL's liabllity Is limited to the cost of analysis. EMSL bears no reSponsibility for s:lrrple collection acti;itles or analytical method limitations.
 Intetpretation and use of test results are the responsibility of the d1enlSarrples recelved In good condition unless otheMise noted.
 Safll>les analyzed by EMSL Analytical, Inc 2235 Polvorosa Ave , SUite 230, san leandrOCAr-M..AP Lab Code 101048-3, IMM000201, WAC2007

Test Report PLM-7.12.0 Ponted: 4/30/2010 6:31:21 PM                                                                                                                                                       19
                                       EMSL Analytical, Inc
                                       2235 Polvorosa Ave, Suite 230, San Leandro, CA 94577
                                       Phone; {510} 895-3675             Fax: (510) 895-3880          Email: milpitaslab@oms1.com
                                   L                                                                                                                                                               -j




  Attn:     James S. Koni uto                                                                                 Customer ID:                KONI62
            Koniuto Consulting                                                                                Customer po:                21044
            6329 Miles Avenue                                                                                 Received:                   03/13/104:15 PM
            Oakland, CA 94616                                                                                 EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                              EMSL Proj:
  Project:      21044: 5400 Neroty Rd., Oakley, CA
                                                                                                              Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %       Fibrous                       % Non-Fibrous                                      % Type
  5400-HQ-PLM-73-               At man's RR                 White                            20% Cellulose                            60% Non·fibrous (other)                           None Detected
  1X1 ACT                                                    Fibrous                         20% Glass
  091002350-0073
                                                             Heterogeneous

  5400-HQ-PLM-74-              At N end                     White                                                                    100% Non·fibrous (other)                           None Detected
  12" VFT                                                    Non-Fibrous
  091002J5(}.()()74
                                                            Homogeneous

  5400-HQ-PLM-74-              At N end                     Yellow                                                                   100% Non·fibrous (other)                           None Detected
  Glue                                                      Non-Fibrous
  091002J50.0074A
                                                            Homogeneous

  5400-HQ-PLM-75-                                           Brown                                                                    100% Non·fibrous (other)                           None Detected
  Vinyl Base                                                Non-Fibrous
  091002J50.0075
                                                            Homogeneous

  5400-HQ-PLM-75-                                           Brown                                                                    100% Non·fibrous (other)                           None Detected
  Glue                                                      Non-Fibrous
  091002350-0075A
                                                            Homogeneous

  5400-HQ-PLM-75-                                           Brown                            80% Cellulose                            20% Non·fibrous (other)                           None Detected
  Backing Paper                                             Fibrous
  09100235Q.{)(J758
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                            Baojia Ke, Laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                         or other approved signatory


 Due 10 magnification Iimltalions Inherent in PlM, asbestos fibers In dimensIons !>eIO'N the resolution capability of PlM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM 10 confirm asbestos quantities. The above tesl report relales only to the Hems tested and may not be reproduced In aITf formVr1lhout the express
 ",titlan approval of EMSl Analytical, Inc. EMSl's liabUlIy Is Jimlled 10 the cost of analysis. EMSl bears no responsibllity for sarrple collection activities or analytical method Iimltalions.
 lnterpretation and use of test results are the rasponslbllily of too dieolSsrrples recefva<!ln good condition unless otherwlse nola<!.
 S8rrp1esanalyzed by EMSlAnalytical, Inc 2235 Polvorosa Ave , Suite 230, san LeanOroCA NVlAP lab Code 101048-3, MAMOO0201, WAC2007

Test Report PLM-7.12.0 Ponted: 4/30/2010 6:31:22 PM                                                                                                                                                     20
                                      EMSL Analytical, Inc
                                      2235 Polvorosa Ave. Sutte 230, San Leandro, CA 94577
                                      Phone: (510) 895·3676             Fax: (510) 895·3680          Email: mllpitaslab@emsl.com




  AUn:      James S. Koniuto                                                                                 Customer 10:                KONI62
            Koniuto Consulting.                                                                              Customer po:                21044
            5329 Miles Avenue                                                                                Received:                   03/131104:15 PM
            Oakland, CA 94618                                                                                EMSL Order:                 091002350

  Fax:                                                  Phone: (415) 595-9001
                                                                                                             EMSL ProJ:
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                             Analysis Date:              3/17/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                              Non-Asbestos                                                             Asbestos
 Sample                       Description                  Appearance                         %      Fibrous                       % Non·Fibrous                                      % Type

  5400-HQ-PLM-76-               At N end                    While                                                                   100% Non-fibrous (other)                           None Detected
  Vinyl Base                                                Non-Fibrous
  091002350-0076
                                                            Homogeneous

  5400-HQ-PLM-76-              At N end                     Brown                                                                   100% Non-fibrous (other)                           None Detected
  Glue                                                      Non-Fibrous
  091002~076A
                                                            Homogeneous

  5400-HQ-PLM-77-              At hallway, center           While                            20% Cellulose                            80% Non-fibrous (other)                          None Detected
  Drywall                                                   Fibrous
  091002J.50.0077
                                                            Homogeneous

  5400-HQ-PLM-77-              At hallway, center           Tan                                                                       98% Non-fibrous (other)                          2% Chrysotlle
  Tapln9 Mud                                                Non·Flbrous
  091002J50.0077A
                                                            Homogeneous

  5400-HQ-PLM-78-              At large open               White                            20% Cellulose                             80% Non-fibrous (other)                          None Detected
  Drywall                      room, N end                  Fibrous
  09100235O-{)O78
                                                            Homogeneous

  5400-HQ-PLM-78-              At large open               Tan                                                                        98% Non-fibrous (other)                          2% Chrysotlle
  Taping Mud                   room, N end                 Non-Fibrous
  0910023SO-Q078A
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                           Bao]ia Ke, Laboratory Manager
 Grant Mays (43)                                  Rul Cindy Geng (19)                                                                        or other approved signatory


 Due 10 magnificalioo llmilaUoos Inherent In PLM, asbestos fibers In dimensIons belO'Nlhe resolution capability of PLM may not be detected. Samples reported as <1% or none detected
 may require additional testing by TEM to COflfirm asbestos quantities. The above test report relates only to the Items tested and may not be reproduced In any form without the express
 writlen approval of EMSLAMlytlcal, Inc. EMSL's liability Is limited to the cost of analysis, EMSL bears no responsibllity for sarrple colleclion acli\oitles or analytical method limitations.
 Interpretation and use or test results are the responsibility of the dienl5arrples recelved In good CQf1diUoo unless otherv.1se noted.
 $arnnles analyzed by EMSLAnaM1cal, Inc 2235 Polvorosa Ave ,&rite 230, sanleandfoCA NVlAP Lab Code 101048--3, MAAA000201, WAC2007

Test Report PLM-7.12.0 Printed: 4/30/2010 6:31:22 PM                                                                                                                                                   21
                                      EMSL Analytical, Inc
                                       2236 Polvorosa Ave, Suite 230, San Leandro, CA 94677
                                      Phone: (510) 895-3675              Fax: (510) 895·3680           Email: mllpitaslab@ernsl.com




  Attn:     James S. Koniuto                                                                                   Customer 10:                KONI62
            Konluto Consulting                                                                                 Customer po:                21044
            5329 Miles Avenue                                                                                  Received:                   03/13/104:16 PM
            Oakland, CA 94618                                                                                  EMSlOrder:                  091002350

  Fax;                                                   Phone: (416) 696·9001
                                                                                                               EMSl Pro):
  Project:      21044: 5400 Neroly Rd' l Oakley, CA
                                                                                                               Analysis Date:              3/17/2010




    Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R·93/116 Method using
                               Polarized Light Microscopy
                                                                                                               Non-Asbestos                                                              Asbestos
 Sample                       Description                  Appearance                          %      Fibrous                        % Non-Fibrous                                      % Type
  6400·HQ·PlM·79·               At hallway, south           White                             20% Cellulose                            80% Non-fibrous (other)                           None Detected
  Drywall                                                   Fibrous
  091002350-0079
                                                             Homogeneous

  6400·HQ·PlM·79·               At hallway, soulh           Tan                                                                        98% Non-fibrous (other)                           2% Chrysotile
  Taping Mud                                                Non-Fibrous
  09100235Q-0079A
                                                             Homogeneous

  6400·HQ·PlM·80·               Exterior, W side            Gray                                                                     100% Non-fibrous (other)                            None Detected
  Exterior Window                                           Non-Fibrous
  Putty
  09100235Q.{)()80
                                                             Homogeneous

  6400·HQ·PlM·81-               Exterior, E side            Gray                                                                     100% Non-fibrous (other)                            None Detected
  Exterior window                                           Non-Fibrous
  putty
  091002350-0081
                                                             Heterogeneous

  6400·HQ·PlM·82·               At roof HVAC                Black                                                                      90% Non-fibrous (other)                         10% Chrysotlle
  Roof Tar                      equipment                    Non·Fibrous
  091002J50.0082
                                                             Homogeneous

  6400·HQ·PlM·83·               Roof                        Gray                                                                       85% Non-fibrous (other)                         15% Chrysotlle
  Roof Mastic                                               Fibrous
  091002350-0083
                                                             Homogeneous




 Analyst(s)

 Adam     C. Fink (28)                            Jorge Leon (36)                                                                            Baojla Ke, laboratory Manager
 Grant Mays (43)                                  Rui Cindy Geng (19)                                                                         or other approved signatory


 Due to magnification limitations Inherent in PlM, asbestos fibers in dimensions below Ul6 resolution capability of PLM may not be detected. Samples reported as <1% or none detected
 may requlre eddillonaltesllng by TEM to confirm asbestos quantities. The above test report relates only to Ul6llems tested and may not be reproduced in any formv.lthoul. the express
 written approval of EMSl Analytical, Inc. EMSl's liability Is limited 10 Ul6 cost of ailalysls. EMSl bears no responsibility for sarrple collection activities or analytical method limitations.
 Interpretation and use oflesl results are the responsibility of Ul6 clienlSaJll)les recelved In good condtion unless othelWise noted.
 San'Oles analyzed by EMSlAnalytical, Inc2235 Polvorosa Ave ,Suite230, San leandroCA NVtAP Lab Code 1010<f.8...3, MAMOOO20f, WAC2007

Test Report PlM·7.12.0 Prinled: 4/30/2010 6:31:23 PM                                                                                                                                                     22
                                      EMSL Analytical, Inc
                                      2236 Polvorosa Ave, SUite 230, San Leandro, CA 94677
                                      Phone: (510) 895-3675             Fax: (510) 895·3680           Email: milpitaslab@omsl.com




  Alln:    James S. Koniuto                                                                                   Customer ID:                KONI62
           Koniuto Consulting                                                                                 Customer po:                21044
           5329 Miles Avenue                                                                                  Received:                   03/13/104:16 PM
           Oakland, CA 94618                                                                                  EMSL Order:                 091002360

  Fax:                                                  Phone: (416) 696-9001
                                                                                                              EMSL Pro):
  Project:      21044: 5400 Neroly Rd., Oakley, CA
                                                                                                              Analysis Date:              3117/2010




   Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using
                              Polarized Light Microscopy
                                                                                                              Non·Asbestos                                                              Asbestos
 Sample                       Description                  Appearance                         %       Fibrous                       %     Non-Fibrous                                  % Type
  6400-HQ-PLM-84-              At (roan field               Black                                                                    100% Non-fibrous (other)                           None Detected
  Roof Tar                                                  Non-Fibrous
  091002350-00B4
                                                            Homogeneous

  6400-HQ-PLM-84-              At (roan field               Blue                                                                      95% Non-fibrous (other)                          5% Chrysotlle
  Roof Paint                                                Non-Fibrous
  0910023SQ-0084A
                                                            Homogeneous

  5400-HQ-PLM-84-              At (roan field               Black                                                                     40% Non-fibrous (other)                         60% Chrysotlle
  Roof Felt                                                 Fibrous
  09100235tJ.-OO84B
                                                            Homogeneous

  5400-HQ-PLM-85-              At (roan field               Black                                                                   100% Non-fibrous (other)                            None Detected
  Roof Tar                                                  Non-Fibrous
  091002J50.0085
                                                            Homogeneous

  6400-HQ-PLM-85-              At (roan field               Silver                                                                    95%     Non~fibrous     (other)                  5% Chrysotlle
  Roof Paint                                                Non-Fibrous
  091002J.50-0085A
                                                            Homogeneous

  5400-HQ-PLM-85-              At (roan field               Black                                                                     40% Non-fibrous (other)                         60% Chrysotile
  Roof Felt                                                 Fibrous
  091G02J5O.fJ0858
                                                            Homogeneous




 Analyst(s)

 Adam C. Fink (28)                                Jorge Leon (36)                                                                           Baojla Ke, laboratory Manager
 Grant Mays (43)                                  Rut Cindy Geng (19)                                                                        or other approved sIgnatory

 Due to magnification limitations Inherent in PLM, asbestos fibers In dimensIons belO'N the resolution capability Of PlM may not be detected. Samples reported as <1% or none detected
 may require additional testing byTEM (0 confinn asbestos quantities. The above lest report relates only to the lIems tesled and may not be reproduced In any formwilhout the alq)fass
 ""Titlen approval of EMSl Analyllcal, Inc. EMSl's Uabllity Is limited to the OO5t of analysis. EMSL bears no responsibility fO( sarrple collection activities or analytical method limitations.
 Interpretation and usa or test results are the responsIbility Of the dlenlS3rrp1es recelved in good condition unless otheMise noted.
 Sarrplesanalyzed by EMSlAnalytical, Inc 2235 PoIvorosaAve, Slitte 230, S3nleandtOCA I'M..AP lab Code 101048-3, MAM000201, WAC2007

Test Report PLM-7.12.0 Ponied: 4/30/2010 6:31:24 PM                                                                                                                                                     23
                                                                                                                             THIS IS THE LAST PAGE OF THE REPORT.
091OO23S9




                                                                Asbestos Chain of CustodY                                                                        F.MSL         ANt\\YfICAI INc;




                      •
                                                                                                                                               2235 POLVO(.'OSAA\'[.,;5'ft 230
                                                                EMSL Order Number (Lab Use Only):                                                               $1.'1   Lff,N[I,l\). CA 9457e
                 fMn AHAl.Y'l'I<lJ\l, INO_
                 l.§M"I'~""~ll"UI'''~
                                                       I                                                                       I                                  PHnl';'(!: (510) 895·3G7 f
                                                                                                                                                                    FM: 1510) 895·3680
                                   .     -r.J _ _ _ .. _..                        ,_                               EM l-Blilto: IXf Sal)1e 0 Different
             Comnanv         :   It'IINIU,(O/ n. ,,>('/ttI~&V1        oJN!;UI.:IIN(n fllC-                       'fBiill i"""'''",~'",,,,,cti<>",'ncomm,"''''
             Strsst:        ~[;?>~1   ill t.4S A,/e         I                                            Third PBrtvSi/l nn renuireswrilten eu/homelion (rom/hfrd Derty




             Tsisohone #: 4-1(" ~1          ")Pdf<:.                      Email M~rsssi./ ~J\I'~          (iI     .I ", ~                       3
             Proisot NamilINUmher;'P/ 04tf ; '~i:;1O{)N6JeI!/A1;;?:j)                    c:1;tI      a
             Plsaii.Provl~il Results: 'IT FaK nEmall" Purcii"se Order:                       U.S. State Samolss Taksn: eft
                                                  Turnaround Tlm.'iTATI Oollons' - Pisass heck
            ITI~Hours        -, 6 Hours    In 24 Hrs' rn ~8 Hrs         II5lr ~ Davs' 'I        4 Davg'       5 Davs    I  10 Davs
                                                                to.
              'ForTtrMAJr ~ hOtJW6 hci<Jr:;.p/eiiJse calf ahead schlJdu/e._·TherelS 8 premium charge fdi3Ho/,l{ TE AHERA,of EPA Level II TAT~_ '(ouwill be esked to sign
                     8I'leulhQliletlon fOim for this service. Ana/vSls COffln/eted In 8t;COt9~nce with EMSL's retms en Conditions {oceted fn (h9 AnaMicaJ Price GuidI].
             PCM • Air                                      TEM • Air                                  TEM· DuSt
             o   NIOSH7400                                  0 AHERA40CFR,Par1763                       0 Mlcrovac-ASTM 0 5755
             o   wl()SHA8hr.1WA
                  -,                 ',.
                                                            0 NIOSH7402
                                                                 \   ",-
                                                                                                       OWipe •. ASTMD6480
                                                                                                               ','
                                                            0 EPA Levalll                              0 Carpet Sonicalion (EPA 600/J·93'167)
                        "                    "                                                                                         ,


             PlM • Bulk (rsportlng IImltl
             VilPLM EPMOOlR-93'116 «1'10)                   0 ISO 10312                ~~ __ .~ ...... solllE!OCI<lVormIQUllle'
            ,[]PLM EPA NOB «1%)                             TEM • Bulk                                 0 F'LM CARB4~5 .• A (O.WI;.sej1~llivlty)
                                                                                                                                   •       ,    ....... ,',,'    .:'    ,",      , ';-{""';""",''-''\_ "r

        T   'POlnl Counl                                    0 TEM E;PA NOB                             0 PlM CARB 435. B (O.1%'sensllivity)
             q  4<lO«0.25%) 0 1000 (<0, 1'10)         '.' . DNYf;l:t:JP~198.~(n?r\-friabl.,.NY}        0 TEM CARS 435· B (0,1~ sensitivity)
             Poi!)t CQVnt W/GravimelricClc~~tm.ra:$9P'·!h;"' ", .                                                            q
                                                                                                           TeMcARB 4~5· C (0,01% senslllvlly)
       .,    Q100«0.25%) Q 1000 «0.1%)                     0 TEM Mass Analysls·EPMOO sse. .5 0 EPA Protocol (Seml·QVanlllalive)
       ""   ,q"W~1~~'j1Jf,!~,bl~in}·lY} .• ! " .... "   • T~NL" vv.al O  r:IiPA 100,2, ~                                     o
                                                                                                           EpA Protocol (Quaptitalivet
       '"    O·NYS·1'98.~'N61i(hon:frlabie-NY) ~            Flbers>10~mO Wasle             Drlnkin        o
                                                                                                       Other:
            o    NIOSH 9002 1<1%\                          Ail Fiber Sizes 0 Wasle, 0 brtnklh          0
                     "                    JlI{Check For Positive Stop - Clearly Identify HOI ogsnous Group


                                                                                                                              Vol~me/Area.\Alr)                                      DatelTlma, .'
                    Sample #                                              Samnlo ,bsscrlollOn                                      HA # (Bulk'                                       Ssmplsd




                                                                                                                           Total # of Samoles:
            Rollnqulshed (Client):                           "-                           Dato:                                                                        Tlmo:                                /
            Recolved (lab):
                                                 ""--      7t- r
                                                                                          Data:                                                                        Tlmo:     ~IY
            CommsntsiSpeclallnstruc!lons:
                                                                      \                                                                                                                          ,          ,


                                                                                                                                                                                                       '   ..
                                                                          pago 1 of   L      pagos
: 091002359
                  -, -,
              I
09100235Q




                                                                Asbestos ChClin of Custody                                                       EMS!. AN.\L '(fie/\!. INC




                        •
                                                                                                                                      2~3!j POI VOI\O$!\ AW. ;'.;.rf< 230
                                                                EMSL Order Number (Lab Usa Only):                                              8i,~j LI;M4l)l-W     CA9457&
                  .Mil., hNAt.'fTICIi". iNc.
                  \A.!q.M'ro'I'i·~_.,.tA"I~'"
                                                      I                                                                           I              Pw-,r~F'{510) (m~-'J()7b
                                                                                                                                                     FM 1510)8%.3580
                                                                                                                   EM I..BlIIlo~?tne               q       Different
                                                                                                                [I Bill I 1$ Different nolelnsl(tJclioos In Commenls"




                                                                                                Fax U:
                                                                                                Email Address:
              Pro'.el Name/Number: 'UtiM
              Pleaee Provide Results: n- Fax ~Emall I Purchase Order:                   U.S. Slale Samnles Teken:
                                                Turnaround Time ITAT\ ODllons· - Please heck
              03Hour. Tn6Hour.                            o
                                             24 Hr. , I n46Hr. , Il>'I3D'lVe, I 1 4Dav. I n6Davei n10Davs
               ~For rEM Air 3hoorSl6hoois.       ptuase cal/ahaad to $ChOOllle. -Thera Isa prernium'chargefot,3JI911f TE AHfiRA or EPA Level /l TAn, You will bassked to $fgn
                        an alllhorizalion form roralis seivice. Ana-'';$iS cam~tef8d in accordance wilH:EMSL'$ temlS an Condifil;ms looated in the AnohJ/ice/Price Gvida.
              PCM • Air                                                 TEM • Air                                         TEM· Duel
              o NIOSH7400                                               0 AHEAA40CFR,Part763                              [j MICIovac-ASTMD6765
              o wi OSHA 8hr. lWA                                       0 NIOSH 7402                                       0 Wipe. ASTM 06480 '
               plM,· Bulk (repDrllng IImltl                             0 EPA Level II                                        o
                                                                                                                             Garpet SoryiCillion(EPA 6OOIJ·931167)
               ~PlM EPA600IR-931116 «1%)                               0 ISO 10~13- __..__ ~,~~                        ~_ solllRoclWennlcullle'        .     _
               lJ PLM EPA NOB «1%)                                     TEM • Bulk.       .'                                   DPU:"U,AR\M~~,,A(O}Qr.,~~psJWiIY)
               Point Gount                                             0 TEM EPA NOB                                          0 PlMCARB 4~5· B(0,1o/.'sensltlVltY)
               840(J «0,26%) 0 1000 «0.1%)                             0 NYS NOB1?84 (non,frlable-NYJ                         0 TEM GARB 435- B(0,1% sensitivity)
            ,1101nl Count w/Gravfmelric



              o
               D.1JlO «0,26'1.) 0 1000 «0,1%)
        ;m~~~~~~~i~~d:~~~r~ble.NY)
                    NIOSH 9002 1<1%\
                                                                       0 Cifalnel(fSbP , , , '
                                                                       0 rEM Mass Anaiysis·EPA600 se<;. .5

                                                                       ;fu~r;~00~ E;~:t~ o
                                                                       All Fiber Sizes 0 Wasle 0 Drink;n
                                                                                                            DrinWn           =E),TEM GARB'435 ~ C\0,,91'r.'.s~nsltlvlly)
                                                                                                                              0 EPA Protocol(Seml.Quanlii~tive)

                                                                                                                              0
                                                                                                                                         Proto~ (~~a~l;tP\iYe)                  •'




              CltenlllalTInlil # lsI:           -4./< -       4-l?'.                                                        Total # of Samnle.:             zt
              Relinquished (Client):             y: '- ~~                            Dale:        7J4~10                                           Time:
              Received (lab):      ---0 'C                     t.rr:r       '"1'   -'Dale:           ~ Il'1llb                                     Time:      LK 1,1
              Commenls/Speclallnslruc!lon.:                                                                     '                                                       '

                                                                                                                                                                            ,



                                                                     Page' of ~ pages
                                                                      Asbesfos'Chain of Custody                                                                  EMSLANAI YJICAL, IHC•




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                                                                      EMSL Ord"r Number (Lab Use OnlY)
                                                                                     u-q {toZ,~S6
                                                                                                  IY_il_'
                                                                                                                                            I
                                                                                                                                                  2235 PQLVORbsA AVI',srl' 230




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                                                                                                                                                             SAN LEANDRQ, CA 945"18
                                                                                                                                                                 PW'NI (510)895,;)"'5


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                                                                                                                                           Volull1elA,re., (Air)                          DalelTlme                      '.",
                  Samnle #                                                    Samola Deac~btlon                                               HA # ,Sulk, .,                              Sall10led




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                                                         \'


            'Conlll1enla/Spoclallnalructiona:




                                                                                     Pago   ±          of   8"   page.
09100235 Q                    ,



                                                                               Asbestos Chain of Custody                                                                            EMSL ANA'HIC/Il INC




                              •
                                                                                                                                                                              2235 POI I/OROSA,\VI-:,STf 230
                                                                              EMSL Order Nllmber (Lab Usa Only)                                                                    Si,N U,ANbilO, Cil 84578

                         IMBI. e-~I(J'i\~
                        1·~~·........ ~'.IUI\_
                                              ItIQ:                I                                     C!1rOOZr3tt)                                               I                        PHI\j,;[ (510) 895·35n
                                                                                                                                                                                                F,I;< (510)895.3580

                                                                                                                                               EMSL-BlIIt~~,                                  0
                      Como.nv;          11/JI/ttI£;     I   (f'SC.
                                                                                                                                                            Same
                                                                                                                                             If Bill t i$ Different ote Ins!tuctiooslnCommen\$"
                                                                                                                                                                                                  OmOlent

                      Street:                                                                                                       thvd Portv Bil 'no r(JQUfres written authorization (rom third narlv
                      Cltv;                                               State/Province;                                   Zio/Postal Codo:                                                 I CountrY;
                      Ro"ort To 'Name):                                                                                     Fax#:
                      Tele"hone #:        •                                                                                 Email Addre$$:
                      Pr%ct Name/Numbar:
                      Plaa$e Provlda Resulta: n                   Fax     n Email I Purchase Order:                 U.S: Stat. Sam ales Takon:
                                                                             Turnaround TimelTATIOollons' - Pleaso ChOok
                  'rT3 Hours             In 6 Hours                    '1 24 Hr.    I n,46 Hr.    1~30avS,       1'1 4,Oavs     I n 5 oali.                                                                Tn          100av.
                        °For rEM Art 3 ,~ourw'6 hours,:pfeose coli ahead to sCh9du~e,;,:The,e Is 8 premium charge (or 3 Hour TE AHEM rxEPA l.evelll TA~;::;OO wll/bo asked to sign
                               an authorization form fr)rlhls seNice, Ana'';sls com eted in accorcisMe with EMSL's Terms a Condf1icms located in the Ana iCBf Price Guido.
                      PCM·Alr                                                                  TEM. Air                                                         TEM' Oust
                      0 NIOSH7400                                                              0 AHEM 40 CFR, Part 763                                          o  Mlcrovac· ASTM 0',15,
                      0 wi OSHA 8hr. TWA                                                       0 NIOSH 7402                                                     [) Wipe - A$TM 06480
                      "L" • ""Ik Ire~Orlr'nn 11~1t\                                            o   EPA Level II                                                 o  Carpet,So'nlcatlOl1 (EPA 6OO/J·931167)
                      l:liPL~ EPA 6001R-931116 «1%)                                            o  ISO 10312                                                     $011fIlook/Yorm1ou!lte '           ,
                                                                                                                           --~----_.~--.-.



                                                                                                                                                                o PLM CA~B43g - A (O,25%SenS!tjVlly)
                                                                                                                                                      ,~




          i QP,~M EPA NOB «1%)                                                                 TEM· Bylk
                      ;'point Count '                                                          OTEMEPANOB                                                       o PLM CARB 435. B (J.1%.e~;i~vilY)
        •••••••
                       0400 «0,25%) 0 1000 «0.1%)
                                                                   ,
                                                                          ,                    D N'(!? NO!} 19M (non·fllabl(>-Ny)                               o TIiM CARB 435· B (0,1%sensltJvily)
                        PQI';t'¢o~nt w/G(~vhnetrlc .                                           [J chalfiel~rSOp,;L." "                                          o -reM CA~B 435· C(O,01'1oSe!lSitlVlly)                               ,




                       (J ~OO «0.29%)'01000 «0:1'1:)                                           o TEM M~ss Analysl$·EPA 600 $OC. .5                              o EPA Ploloccl (Se<nI·Quanlllatlve)
                      0}r:{:($;1~6.1«([IabieWm,                               '.<1.,       I   "6" ~tAJater: EPA 100.2                                          O!'PA P((lI~1 (Quantitativa) "
        ••• d             NYS 198.6 NOB (non·(nabl(>-NY)                                       ~ibors  >10pm '0 Wasta o Drtnk;r 9                               Q!ll!ill
                                                                                                                                                                                                  ;,


                  In                                                                           All Fiber Sizes OWasle o Orlnkin

         ,
                          NIOSH 9002 1<10/.\                                                                                                              0
                  I
                                  -,.                       o Check For Positive Stop - Clearly IdentifY Ho                                           ogenous Grolip'                                      ,".




                                                                                                                                                                    >( . .
        c'        rP
                      :~~mple(ll Name:                Ql\oV1. I!oN !-'-l'10) CfrC--                                         SamplersJ,lgna ure:
                                                                                                                                                                              .... """"
                                                                                                                                                                \'ISlumeJ~reitlr)
                                                                                                                                                                                  rt.'
                                                                                                                                                                                                   :'.'    "-
                                                                                                                                                                                                                Date/TIme '     ,I,'
                              Sample #                                                     Sam ole Oosortolloo                                                          HA# Bulk                                SamDled
                                                                                                                                                                        ,

                                                       ()~ .Jtli..?~111 ~...-+e ~~                                                                                                                           ~)I
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                                                               Page~of ~ pages
  09100235j)




                                                                                   AsbestosCh~.ln               of Custody                         EMSL ANA! vtlCAL IHC.




                                   •
                                                                                                                                            2235 POLVOROSA AVE, 3T( 230
                                                                                   EMSL Order Number (Lab Use Only)                              SAN LEANDRO, CA 94578

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                         CoC\lrQ~"~"'~ht>nWtCoC_RI-"IlVlOO'l
LEAD IN PAINT REPORT
NorBay Consulting
LOGICAL                          ENVIRONMENTAL                                     SOLUTIONS
(415) 507-9786 Phone                                                  2563 Hea/hers/one Drive
(415) 507-9760 Fax                                                San Raftiel, California 94903

March 12, 2010

Mr. Jim Koniuto
J. Stanley Consulting, Inc.
5329 Miles Avenue
Oakland, CA 94618

SUBJECT:         LEAD IN PAINT INSPECTION RESULTS
                 5400 NEROLY ROAD
                 OAKLEY, CALIFORNIA

Dear Mr. Koniuto

NorBay Consulting is pleased to provide the results from our lead in paint inspection of seven
various sized structures on the property located at 5400 Neroly Road in Oakley, California. All
areas of the 'stl'llctures were inspected during our site visit.

Our inspection included the non-destructive screening of painted/coated surfaces for lead based
paint/coatings by x-ray fluorescence (XRF) and generation of a final report to include a
description of our inspection, findings, discussion of regulatory considerations and
recommendations.

NorBay Consulting appreciates the opportunity to provide you with these services. Ifyou have
any questions regarding this report or ifyou require additional information please do not hesitate
to contact me at (415) 507-9786.

Respectfully,
NORBAY CONSULTING



Bob GedlOld
CDPH Inspector/Assessor 2 I 08
Lead in Paint Inspection
5400 Neroly Road
Oakley, California


EXECUTIVESU~ARY


NorBay Consulting performed a lead in paint/glazing inspection of seven structures on the
property located at 5400 Neroly Road in Oakley, California. Mr. Bob Gerhold, CDPH Certified
Lead Inspector/Assessor #2108 performed the inspection on March 8, 20 I O.

This Executive Summary is provided solely for the purpose of overview. Any party wlto
"elies ou titis report must read tlte entire report. Tlte Executive Summary may have
omitted importaut details, auyone of which could be crucial to tlte proper undcrstanding
and risl< assessment ofthe subject malter.

A total of ninety-four (94) readings were collected of interior painted/glazed surfaces during the
iuspection. In addition, six (6) calibration readings were also collected. For this report lead based
paint iucludes readings 2: 1.0 mg!cn12, lead-containing paint includes readings 2: 0.1 to:S 1.0
mg/cm2 and no lead detected includes readings of 0.0 mg!cm2. It is extremely important to
understand that XRF readings, which have a value of 0.0 mg/cm2. do not necessarily mean there
is "no lead present".

LEAD IN PAINT SURVEY PROCEDURES

The sampling strategy employed by NorBay Consnlting was performed as outlined in Title 17,
California Code of Regulations, Division I, Chapter 8 and in accordance with those survey
procedures listed in the "Guidelines for the Evaluation and Control of Lead Based Paint Hazards
in Housing", June 1995 by the U.S. Department of Housing and Urban Development (HUD). 0111'
investigation included the collection of readings on similar painted/glazed surfaces (not every
component in every room as dictated by HUD guidelines.)

Prior to data collection painted/coated surfaces were categorized into distinct areas of
homogeneity, substrate material, building material and/or distinct paint type. After the items have
been identified, a representative reading of the painted/coated surface is collected. Because
painted/coated have compositional variability due to one or more paint layers, it is possible to
obtain different readings for samples from the same homogeneous area. Therefore, a
homogeneous area with at least one XRF reading of 1.0 mg/cm2 or greater will result in the entire
homogenous material, substrate and/or distinct paint type being designated as lead based paint.

Each XRF reading along with the location, component, substrate, color and condition ofthe
painted/coated surface are included in the XRF readings table located at the end ofthis report.

SAMPLE ANALYSIS

The XRF testing was performed in accordance with the aforementioncd criteria, using an RMD-
LPA-I XRF Analyzer. Exposure times are internally determined by the instrument and are based
on a number of factors including lead content, substrate and source strength. The instrument is
calibrated to the manufactnrer's specifications and was periodically verified against known lead
standards produced by the National Institute of Standards and Testing.

HUD defines action level as the hazard level for which a corrective response action will be
required. Currently, the most widely used action level for lead-based paint (LBP) is 1.0 mg/cm2
Lead in Paint Inspection
5400 Neroly Road
Oakley, California


(as measured by an XRF) established by HUD and adopted by the U.S. Environmental Protection
Agency. The action level is 5000 parts per million (pip) or 0.5% by weight when collected paint
chip samples are analyzed using atomic absorption spectroscopy (AAS).

HUD defines an inconclusive range or threshold value for each different brand of XRF instrument
and recommends paint-chip samples be collected for verification of the lead content by atomic
absorption spectroscopy (for XRF readings within the inconclusive range). The threshold value
for the RMD-LPA-I, as defined by the XRF Performance Characteristics Sheet (PCS) dated April
17, 1998 is 1.0 mg/cm2 for all six identified substrates. HUD guidelines consider XRF findings
of 1.0 mg/cm2 or greater, as lead based paint, which may be a potential hazard. It is extremely
important to understand that XRF readings, which have a value of 0.0 mg/cm2, do not necessarily
mean there is "no lead presenf'.

RESULTS

Duriug our investigation a total ofninety-four (94) readings were collected of interior and
exterior painted/coated components. Of the ninety-four (94) readings, twenty-eight (28) resulted
in levels considered to be lead based paint/glazing. For a complete listing of readings see the
attached XRF Readings sheet.

Components consistently found to contain lead based paint or lead glazing included the
following:

    •   Exterior wooden horizontal window surfaces on the welding shop;
    •   Exterior wooden veliical structural supports on the welding shop;
    •   Exterior metal vertical stmctural supports on the wash rack;
    •   Exterior wooden fascia on the welding shop, chart office, PLM Shop and headquarters
        building;
    •   Exterior metal downspouts on the welding shop;
    •   Exterior wooden window systems on the weldiug shop,
    •   Exterior metal window systems on the headquarters buildiug;
    •   Exterior metals walls on the wash rack;
    •   Exterior wooden storagc shed walls inside the wash rack;
    •   Exterior metal door on the PLM Shop;
    •   Exterior concrete walls on the headquarters building;
    •   Interior wooden walls in the welding shop;
    •   Interior wooden cabinets in the welding shop;
    •   Interior wooden restroom door frame in the welding shop;
    •   Interior wooden window systems in the weldiug shop;
    •   Interior metal window system in the hallway of the headqumiers building;
    •   Interior metal structural posts in the headquarters building;
    •   Interior shower room ceramic walls in the chart office;
    •   Interior ceramic baseboard in the shower room of the chart office and in the bathroom of
        the PLM Shop;
    •   Interior porcelain sink in the bathroom of the PLM Shop.
Lead in Paint Inspection
5400 Neroly Road
Oakley, California


Certain components were found to contain detectable levels oflead thus disturbance of these
materials would be subject to Cal-OSHA regulations. Materials found to contain detectable levels
oflead included the following:

    •   Exterior metal walls of the main warehouse;
    •   Exterior metal door on the main warehouse;
    •   Exterior wooden door on the headquarters building;
    •   Exterior metal downspouts on the chart office, PLM Shop & headquarters building;
    •   Exterior wooden fencing on the chart office;
    •   Exterior metal doors on the chart office;
    •   Interior concrete walls in the restrooms ofthe chart office;
    •   Interior drywall walls in the restrooms of the chart office and the hallway ofthe head
        quarters building;
    •   Interior metai walls ifthe main warehouse;
    •   Interior ceramic walls in the men's and women's restroom of the headquarters building;

In addition to the XRF readings a limited number of paint chip samples were collected and
analyzed for lead content utilizing Atomic Absorption Spectrometry (AAS). The laboratmy
chosen to perform this analysis was Forensic Analytical, located in Hayward, California.

The reason for this sample collection is to verilY the lead concentration of materials found to
contain 0.0 mg/cm2 as per the XRF. Since Cal-OSHA regulates disturbance of painted/coated
surfaces containing any detectable levels oflead it is important to determine if the materials with
readings of 0.0 mg/cm2 actually contain detectable levels oflead.

The results of the paint chip samples are as follows:

    •   The white paint on the interior walls of the main warehouse, warehouse 2 and the chaIt
        office did contain detectable levels oflead thus disturbance of the material would be
        subject to Cal-OSHA regulations.
    •   The white paint on the exterior wall of the welding shop resulted in levels of lead to be
        considered lead based paint.

REGULATORY CONSIDERATIONS

Current EPA and HUD guidelines recommend that surfaces containing lead based paint in
damaged condition to be considered "lead-based paint hazards" and should be addressed through
abatement or interim controls. Surfaces containing lead based paints in intact condition should be
monitored, but are not considered to be "lead based paint hazards".

While the EPA and HUD guidance is directed towards the residential environment, the California
Department of Health Services (DHS) issued in 1998, Title 17, Article 8 regulations directed
towards all public and residential buildings. DHS defines a "lead hazard" as deteriorated lead
based paint.

At the time of our inspection damaged lead based paint was located on the following building
components:
Lead in Paint Inspection
5400 Neroly Road
Oakley, California


    •   Blue paint on exterior wooden horizontal windows surfaces on the welding shop;
    •   Gary paint on exterior wooden vertical posts on the welding shop;
    •   Blue paint on exterior wooden fascia on the welding shop, chart office, PLM Shop and
        headqualiers building;
    •   Gray paint on the wooden storage shed inside the wash rack;
    •   Blue paint on exterior metal doors on the PLM Shop;
    •   White paint on interior metal hallway windows in the headquarters building.
Construction Work Standards

At present, there are no state or federal laws dealing with mandatory abatement following the
identification of lead containing or lead based paints prior to disturbance. However, in 1993 the
Occupational Safety and Health Administration promulgated legislation (29 CFR 1926.62 and 8
CCR 1532.1) entitled "Lead Exposure in the Construction Industty" which deals with worker
exposure to lead.

It should be noted that aside from the HUD definition oflead-based paint (1.0 mg/cm'), OSHA
regulates worker protection and work practices on building components containing any detectable
amounts of lead. Therefore, components determined to contain less than 1.0 mg/cm' may still be
subject to OSHA regulations, if these materials are to be disturbed.

This standard essentially states that work, involving components containing any amount of lead
must follow certain guidelines. These guidelines include but are not limited to training, personal
protective equipment and specific work practices whenever workers disturb lead in any
concentration because the disturbance may result in airborne exposures over action or permissible
exposure limits. This legislation requires that any task that may potentially expose workers to any
concentration oflead be monitored to determine workers eight-hour time weighted average
(TWA) exposure to lead. Prior to conduction of activities that may generate a lead exposure,
such workers must be properly fitted with respiratory protection and protective clothing until
personal eight-hour TWA results reveal exposures within acceptable levels.

Any proposed renovation/demolition which may involve the removal of walls 01' other building
materials with lead based and/or lead containing painted surfaces, renovation/demolition
activities should include provisions to minimize the potential for airborne release of lead
contaminated dust. It is recommended, as a minimum, that demolition of walls or other building
materials which have lead-based and/or lead-containing paints be conducted with the materials
kept in a wetted state and removed in sections, as feasible, to reduce the potential for airborne
lead emissions.

As required by Title 17, California Department of Public Health (CDPH), Article 16, effective
March 30, 1998, a copy ofFonn 8552, "Lead Hazard Evaluation Report" will be forwarded to the
CDPH. A copy of this form is enclosed with this report.

LIMITATIONS

NorBay Consulting conducted this inspection and prepared this repmi for the sole and exclusive
use of J. Stanley Consulting, Inc, the only intended beneficiary of our work. In addition, the
inspection was conducted in accordance with generally accepted standard of care practiced by
other members of our profession.
Lead in Paint Inspection
5400 Neroly Road
Oakley, California


The professional opinions set forth in this report are based solely upon and limited to NorBay
Consulting's visual observations and data collection at the subject site. The opinions and
recommendations in this report apply to site conditions and features, as they existed at the time of
NorBay Consulting's work. They cannot necessarily apply to conditions and features of which
NorBay Consulting is unaware and has not had the opportunity to evaluate. Future regulatory
modifications, agency interpretations and/or policy changes may affect the compliance status of
the subject property.

Enclosed you will find all XRF readings collected during our inspection, laboratOlY reports and
chain of custody forms for paint chip samples and a copy ofthe CDPH Form 8552. Ifyou have
any questions regarding this report or if you require additional information please do not hesitate
to contact me at (415) 507-9786.

Sincerely,
NORBAY CONSULTING



Bob Gerhold
Lead Inspector/Assessor #2108
Lead in Paint Inspection
5400 Neroiy Road
Oakley, California




                       READINGS COLLECTED BY XRF



         RESULTS SHADED IN GREEN REFER n:lLI'AD CO!'{T-!\ININGPAlliT,
                             Non-destructive Screening of Intcrior/Exterior Paintcd SlIIfaccs

                                                     XRF Rcadings
Site Location:     5400 Neroiy Road, Oakley, California
Building:          Interior & Exterior
Inspector:         Bob Gerhold                                                  Date: March 8, 20 IO




Weldin Sho)




                               Interior restroom ceilin                                                              0.0
                               Interior restroom wall                                                                0.0
                               Interior office wall                                                                  O. a
                               Interior office ceilin                         Wood           Blue       Intact       0.0
~=========fiinml~l~m-:I'--:::~i:i,~~~iI~fjljj--!ii-I--~--iill """",_== ---~          --cc   ---= j~ _tlE~ ~~
             Interior wall                                      W         Metal              Gra'       Intact      0.0
             Exterior wall
Main Warehouse                                                  W         Metal              White      Intact _~iJl!4i_,_
             Exterior wall                                      N         Metal              White      Intact      0.0
             Exterior window frame                              N         Metal              Gra        Intact      O. a
             Exterior door                                      N         Metal              Gra        Intact '~'ci()[4""'~
             Interior wall                                      E         Metal              White      Intact ,'=,=OJ'l~",~
             Interior office wall                               E         Wood               Blue       Intact      0.0
             Interior wall                                      W         Metal              White     Dama ed      0.0
             Interior office door frame                         E         Wood               Pink       Intact      0.0
             Intcrior office wall                               W         Wood               Blue       Intact      0.0
1----------- Interior office ceilin                                       Wood               White      Intact      0.0
Wash Rack


Chart Office
                         Non-destructive Screening of Interior/Exterior Painted Smfaees

                                                   XRF Readings
Site Location:   5400 Neroly Road, Oakley, California
Building:        Interior & Exterior
Inspector:       Bob Gerhold                                               Date: March 8, 2010




Warehouse 2                                                                                      0.0
                                                                                                 0.0
                                                                                                 0.0
                                                                                                 0.0
                                                                                                 0.0
PLMShoJ                                                                                          0.0




                           Exterior downs out
                           Interior wall                                                         0.0
                           Interior office wall                                                  0.0
                           Interior door frame                                                   0.0
                           Interior office door frame                                            0.0
                                                                                                 0.0




Head uarters Buildin


                           Exterior door
                           Exterior downs out                 E
           ..i-ii_[i,,,ilmiiijli'Jiiia::--lli__~:::: _!¥!¥!"
J----------~~i ..
                           mtiinltilbtc[a=-,-__~_   ___2   ===-----
                           Interior hallwa wall                        D vall      White
                           Interior hallwa wall                        D vall      White
                           Interior women's RR wall                   Ceramic      White
                           Women's restroom toilet                    Porcelain    White         0.0
                           Men's restroom urinal                      Porcelain    White         0.0
                           Men's restroom toilet                      Porcelain    White         0.0
                           Men's restroom wall                        Ceramic      White
                           Men's restroom wall                        Ceramic      White
                           Men's restroom wall                         Dr vall     White         0.0
                           Men's restroom artitioll                     Metal      Gra'          0.0
                         Non-dcstructive Screening of InteriorlExtcrior Painted Surfaccs

                                                   XRF Readings
Site Location:   5400 Neroly Road, Oakley, California
Building:        Interior & Exterior
Inspector:       Bob Gerhold                                          Date: March 8, 2010




Calibration 4
Calibration 5
Calibration 6
Lead in Paint Inspection
5400 Neroly Road
Oakley, California




    CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH)
         LEAD HAZARD EVALUATION REPORT 8552
State of California-Health and Human Services Agency                                                                   California Department of Public Health


                                              LEAD HAZARD EVALUATION REPORT


Section 1         Date of Lead Hazard Evaluation          March 8,2010

Section 2 - Type of Lead Hazard Evaluation (Check one box only)

[Z]   Lead Inspection       D Risk assessment D Clearance Inspection D Other (specify) ---'---'---'---'~~                                         ---'---'---'~

Section 3 - Structure Where Lead Hazard Evaluation Was Conducted
Address [number, street, apartment (if applicable)]                 City                                County                         Zip Code

5400 Neroly Road                                                    Oakley                              Contra Costa                   194561
                                                                                              ---                                                             -
Conslrucllon date (year)          Type of structure                                                     Children iving in structure?
of structure
                                    D    Mu1li-unlt building         D School or daycare                  U      Yes    o     No
 Pre 1958                           D    Single family dwelling      0 Other PG&EPlimt                    D Don'IKnow
Section 4 - Owner of Structure (If business/agency, list contact person)
Name                                                                                ----rfeJ;;;;h,;;;;;num-b-er-------- - - - -
Oakley Redevelopment Agency
Address [number, street, apartment (if applicable)]                 Cily                                                               Zip Code

3231 Main Street
Section 5 - Results of Lead Hazard Evaluation (check all that apply)

[J    No lead-based paint detecled             [Z]    Intact lead-based paint detected              0    Deteriorated lead-based paint detected

D     No lead hazards detected     D    Lead-contaminated dust found          [J   Lead-contaminated soil found         [J
Section 6 - Individual Conducting Lead Hazard Evaluation
Name
                                                                                     ---rTeiBoiiWnemnumb·~er-------- - -
                                                                                                                    -

Bob Gerhold
Address [number, street, apartment (if applicable)]                 Cily                                                               Zip Code

2563 Heatherstone Drive                                              San RHIFH"I
CDPH certification number                                      Signature                                                                Date

12108
Name and CDPH certification number of any other individuals conducting sampflng or testing (if applicable)




Section 7 - Attachments

A. A foundation diagram or sketch of the structure indicating the specifc locations of each lead hazard or presence of
   lead-based paint;
B. Each testing method, device, and sampling procedure used;
C. All data collected, including quality control data, laboratory results, Including laboratory nama, address, and phone numbar,



First copy and attachments retained by inspector                           Third copy only (no aUachments) mailed or faxed to:

Second copy and atlachments retained by owner                              Callrornla Department of Public Health
                                                                           Childhood Lead Poisoning Prevention Branch Reports
                                                                           850 Marina Bay Parkway, Building P, Third Floor
                                                                           Richmond, CA94804-6403
                                                                           Fax: (510) 620-5656

mpH 8552 (6107)
  APPENDIX 3

PROPOSAL FORM
                         PROPOSAL TO THE CITY OF OAKLEY
                     FOR THE CONSTRUCTION PROJECT ENTITLED:

                        DEMOLITION & REMOVAL OF BUILDINGS
                       AND SITE CLEANUP AT 5400 NEROLY ROAD
                                    CIP NO. 122




NAME OF BIDDER:

BUSINESS ADDRESS:

TELEPHONE NO:

The work for which this proposal is submitted is for construction in accordance with the
contract annexed hereto, the project description as presented in the Request for Proposals,
and also in accordance with the Department of Transportation the Standard Specifications
dated May 2006, the Labor Surcharge and Equipment Rental Rates and General Prevailing
Wage Rates in effect on the date the work is accomplished.

A detailed description of the work to be done is provided in the Request for Proposals issued
by the City of Oakley on May 5, 2010 and is entitled:

                        DEMOLITION & REMOVAL OF BUILDINGS
                       AND SITE CLEANUP AT 5400 NEROLY ROAD
                                    CIP NO. 122

Bids are submitted for the entire work. The amount of the bid for comparison purposes will
be the total of all items. The bidder shall set forth for each unit basis item of work an item
price and a total for the item, and for each lump sum item a total for the item, all in clearly
legible figures in the respective spaces provided for this purpose. In the case of unit basis
items, the amount set forth under the "Total" column shall be the extension of the item price
bid on the basis of the estimated quantity set forth for the item.

In case of discrepancy between the item price and the total set forth for the item, the item
price shall prevail, provided, however, if the amount set forth as an item price is ambiguous,
unintelligible, or uncertain for any cause, or is omitted, or in the case of unit basis items, is
the same amount as the entry in the "Total" column, the amount set forth in the "Total"
column for the item shall prevail and shall be divided by the estimated quantity for the item
and the price thus obtained shall be the item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the contract and
give the two (2) bonds in the sums required by the special provisions, with surety satisfactory
to the City within ten (10) days, not inclUding Sundays and legal holidays, after the bidder has
received notice from the City that the contract has been awarded, City may, at its option,
determine that the bidder has abandoned the contract and thereupon this proposal and the
acceptance thereof shall be null and void and the forfeiture of such security accompanying
this proposal shall operate and the same shall be the property of the City of Oakley.

                                   CIP 122 PROPOSAL
                                           Page 1
The undersigned, as Bidder, declares that the only persons or parties interested in this
proposal as principals are those named herein; that this proposal is made without collusion
with any other person, firm, or corporation; that he has carefully examined the location of the
proposed work, the annexed proposed form of contract, and the plans therein referred to; and
he proposes and agrees if this proposal is accepted that he will contract with the City of
Oakley in the form of the scope of the contract annexed hereto, to provide all necessary
machinery, tools, apparatus, and other means of construction, and to do all the work and
furnish all the materials specified in the contract, in the manner and time therein prescribed,
and according to the requirements of the Engineer as therein set forth, and that he will take in
full payment therefore the following item prices, to wit:




                                           BID SCHEDULE
                                             (Pay Items)

ITEM                                               ESTIMATED                    UNIT
                         DESCRIPTION                              UNITS                      TOTAL
 NO.                                               QUANTITY                    PRICE
                 Demolish & remove buildings &
   1                                                                LS     $             $
                site cleanup at 5400 Neroly Road




Grand Total of Bid Item:



_ _;;-c-;--;;-;-----;-                                                                 Dollars
        (Written)


$-~-----,---,----------
        (Numbers)




                                       CIP 122 PROPOSAL
                                             Page 2
BIDDER'S EXECUTION ON SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH ARE A PART OF THIS PROPOSAL.

The bidder__, proposed subcontractor             , hereby certifies that he (has) _ (has
not)_ participated in a previous contract or subcontract subject to the equal opportunity
clause, as required by Executive Orders 10925, 11114, or 11246, and that he (has)_ (has
not)_ filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the
former President's Committee on Equal Employment Opportunity, all reports due under the
applicable filing requirements.

NOTE: The above certification is required by the Equal Employment Opportunity Regulations
of the Secretary of Labor (41 DFR 60-1.7(b)(1», and must be submitted by bidders and
proposed subcontractors only in connection with contracts and subcontracts which are
subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally, only contracts or
subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract
or subcontract subject to the Executive Orders and have not filed the required reports should
note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of
Labor.




                                  CIP 122 PROPOSAL
                                        Page 3
In conformance with Section 5-1.11 SUBCONTRACTING of the Special Provisions, the
bidder shall list the name and address of each subcontractor to whom the bidder proposes to
subcontract portions of the work.

                              LIST OF SUBCONTRACTORS

                                                     DESCRIPTION OF PORTION
NAME AND ADDRESS                                    OF WORK SUBCONTRACTED




                                 CIP 122 PROPOSAL
                                        Page 4
                           QUESTIONNAIRE - NON-COLLUSION

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under
penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder, who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project, because of a
violation of law or a safety regulation:
                          yes          _              No           _

If the answer is yes, explain the circumstances in the following space:




                PUBLIC CONTRACT CODE SECTION 10232 STATEMENT

In accordance with Public Contract Code Section 10232, the Contractor hereby states under
penalty of perjury that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immediately preceding two-
year period because of the Contractor's failure to comply with an order of a federal court
which orders the Contractor to comply with an order of the National Labor Relations Board.

TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT

In accordance with Title 23, United States Code, Section 112, the bidder hereby states under
penalty of perjury that he has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive
bidding in connection with this contract.

NOTE: This questionnaire constitutes part of the Proposal and signature on the signature
portion of this Proposal shall constitute signature of this questionnaire.




                                   CIP 122 PROPOSAL
                                           Page 5
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY, AND
EXPERIENCE

The undersigned submits below a statement of projects of a similar character to that included
in the proposed contract which he has successfully performed, together with approximate
costs of each project, and references which will enable the City Council to judge his
responsibility, experience, skill, and business standing.




                                                  SIGNED                              _




                                  CIP 122 PROPOSAL
                                         Page 6
                                       SIGNATURE PAGE

Accompanying this proposal is "Cash", "Cashier's Check", or "Bidder's Bond" as the case
may be in an amount equal to at least ten percent of the total bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

                                      IMPORTANT NOTICE

        If bidder or other interested person is a corporation, state legal name of
        corporation, also names of the president, secretary, treasurer, and manager
        thereof; if a co-partnership, state true name of firm, also names of all individual
        co-partners composing firm; if bidder or other interested person is an individual,
        state first and last names in full.




The following information must be completed for this bid to be considered responsive:
Licensed in accordance with an act providing for the registration of Contractor's License No.
_ _ _ _ _ _ _. Class               . Expiration Date            _

By my signature on this proposal, I certify under penalty of perjury that the foregoing Public
Contract Code Sections 10162 questionnaire and 10232 statement and the Title 23 United
States Code Section 112 non-collusion affidavit are true and correct and that the bidder has
complied with the requirements of Section 8103 of the Fair Employment and Housing
Commission Regulations (Chapter 5, Title 2 of the California Administrative Code).

Date:                            _

                                      SIGNATURE:




Business Address:

Place of Business:
Place of Residence:                                                                       _




                                     CIP 122 PROPOSAL
                                           Page 7
                                      BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WE


as PRINCIPAL, and                                                                       _

as SURETY, are held and firmly bound unto the City of Oakley in the penal sum of TEN
PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above names,
submitted by said Principal to the City of Oakley for the work described below, for the
payment of which sum in lawful money of the United States, well and truly to be made to the
City of Oakley to which said bid was submitted, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by those presents. In no case
shall the liability of the surety hereunder exceed the sum of $             _

THE CONDITION OF THE OBLIGATION IS SUCH, THAT WHEREAS the Principal has
submitted the abovementioned bid to the City of Oakley, aforesaid, for certain construction
specifically described as follows, for which bids are to be opened at Engineering Department,
3231 Main Street, Oakley, California, on                                        (Date of Bid
Opening).

                        DEMOLITION & REMOVAL OF BUILDINGS
                       AND SITE CLEANUP AT 5400 NEROLY ROAD
                                    CIP NO. 122

NOW, THEREFORE, if the aforesaid Principal is awarded the contract, and, within the time
and manner required under the specifications, after the prescribed forms are presented to
him for signature enters into a written contract. In the prescribed form, in accordance with the
bid, and files two bonds with the City, one to guarantee faithful performance, and the other to
guarantee payment for labor and materials as required by law, then this obligation shall be
null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this                        day
of                       ,2010.
_ _ _ _ _ _ _ _ _ _ (SEAL)                      _ _ _ _ _ _ _ _ _ _ (SEAL)


-----=;::;-;-;-;=c;-;----- (SEAL)               _ _ _ _ _ _ _~--(SEAL)
      PRINCIPAL                                          SURETY


ADDRESS                               _         ADDRESS                                _



NOTE: Signatures of those executing for the Principal and Surety must be properly
acknowledged



                                   CIP 122 PROPOSAL
                                         Page 8
   APPENDIX 4


SAMPLE AGREEMENT
                                       SAMPLE AGREEMENT

                            DEMOLITION & REMOVAL OF BUILDINGS
                           AND SITE CLEANUP AT 5400 NEROLY ROAD
                                        CIP NO. 122

        THIS AGREEMENT, dated --,----,,-~-;-;-_,' 2010, is by and between the CITY OF
OAKLEY, a municipal corporation in the state of California (hereinafter referred to as
"CITY"), and                                            . (herein=,",affEjf-~referred to as
"CONTRACTOR").                                                  g          .

             The parties hereto mutually agree to the terms and conditio
                                                                                   ~
                                                                                   ·1rl1erei

             1.01    CONTRACT DOCUMENTS.
                                                            2
           Each of the items hereinafter referred to areiric drpgrated herein .py t
if set forth in full herein.                                  -'.'",
                                                     ~~ ,,,+:\fI~>.::,        "H:~[\
          Work called for in anyone Contract ~men.d no(tii¥fltiog&~diin another is to be
performed and executed as if mentioned in4'an~~,Qntractimocumentss¥The titles, and headings
contained herein and in said documents§1re sOl~"'-to fMllitate refer,ence to various provisions
of the Contract Documents and in no V;!gy•.affect ol'¥ hi1fthe interpretations of the provisions to
which they refer.                          -t\",,'
                                                 ..
        The Contract Documents, sometimes"al§o refe , 11 to as "the Contract," consists of
this agreement, the specialprQvisions, t~e projl';l_Qt plans, the proposal submitted by the
Contractor to whom the Coniract'isTa\%£udeCl, the St§ndard Specification, the Standard Plans,
the Labor and Material and pef1'8rman<;;e--,j?.90ds, the current general prevailing wage rated,
the labor surcharge and equipmenIJenfaltaf§!> and the notice to contractors, the Insurance
Requirements, and@lY other such dal<.l and all' versions thereof prepared by City pursuant to
Contract, and any rll9.Qifications of any'oflhe foregoing in the form of Addenda or executed
Change Order or oth\WJse~ff-ec.!ed in ciccordance with the terms of the Contract, the surety
bonds, bidbond, and 11l0ntrCl9ti5f~Sllist~fsubcontractors.
         --=;jit.          '\;--=W
        1.02", DEFINliUONS. t'
      ,""                    %
      '-'"
      itJl1ll';l§§'-Q!!Jl';li"Wise %
                                   snEfcifically provided herein, all words and phrases defined in the
StandarcfSpecificatiol}§ sh~1 have the same meaning and intent in this Agreement.

             1.03 ' . AGREfEMENT CONTROLS.

       In the event of a conflict between the terms and conditions as set forth in this
Agreement and the terms and conditions set forth in other Contract Documents, the terms
and conditions set forth in this Agreement shall prevail.




                                 CIP 122 SAMPLE AGREEMENT
                                             PAGE 1
1.04    SCOPE OF CONTRACT.

       Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, and
material and transportation necessary to perform and complete in a good and workmanlike
manner to the satisfaction of the City, all the work called for, and in the manner designated in,
and in strict conformity with the Contract Documents for the project entitled:

                           DEMOLITION & REMOVAL OF BUILDINGS
                          AND SITE CLEANUP AT 5400 NEROLY ROrD .•.••
                                       CIP NO. 122           ,.' '"
                                                                               .       '"
        1.05     CONTRACT AMOUNT AND PAYMENTS.                                ,p-~V"
         City agrees to pay, and Contractor agrees to accept, in full              pa~flt t'1~above
                                                                                   for
work, the sum of                                            /"               ~~        1e0LLARS
AND _ _ CENTS ($                          ), which sum i§;JQ,be paid according~~l~ schedule
and in the manner set forth herein and subject to additi0fl§, deductions,'"andjVilhholding as
provided in the Contract Documents. When jUs provided in the Notrce to Bidders,
In~tructions to. Bid~er~, o.r Proposal Form that Q$in.w~9~ is tO~El,paid o~.'the basis of th~ unit
prices shown In hiS bid, Instead of a lump sJttIPrI~e,'tli Contra()Jgr, ~9rees to accept, In full
payment for the above work, the sum compQ1!il.d In ac¢ordancelJ\il!h the actual amount of
each item of work performed or materi1:jljfurnis!TE@Jk.Qtlfle unit price·which Contractor bid for
each such item in his Proposal Form;~~~ip unit p·iue to be determined as provided in the
Standard Specifications and Special Proy!si(JI]s.
                                                      c·c;c·..·c.....'.




        1.06     PROGRESS AND FINALRAYMENTS.                              ~
        SUbject to the termsaocF'g0ll.dili0l1§ of tReContract Documents, City shall cause
payments to be made upon dem£\nd'6f'Qgl]lractor in the manner set forth in the Standard
Specifications.                 .'''0''
                   ~                  -
                    ,~.




                    ~,~_                  'CC':'"
        1.07     RHB1NillIQN OF SUMS CHARGED AGAINST CONTRACTOR.
                      Ia       ,,-

        WQl3n, underThe ~~sfujisj[olthiS Contract, City shall charge any sum of money
against,Pont(Clctor, Cit~nall dedl!,~f and retain the amount of such charge from the amount
of the"next succeeding pr@gress estimate, or from any other moneys due or that may become
due Qontractor frpm Citw, 1f, on completion or termination of the Contract, sums due
ContraQtg[(CI(EfilJsUfficient!rcr pay City's charges against him, City shall have the right to
recover the-bali:mce from Contractor or his sureties.
                       "-.",


        1.08 ", , COMMENCEMENT AND PROSECUTION OF WORK.

          The Contractor shall begin work within TEN (10) working days of the date of the
Notice to Proceed and shall diligently prosecute the same to. completion before the expiration
of THIRTY (30) WORKING DAYS, after the date of Notice to Proceed. The phrase
"commence the work" means to engage in a continuous program on-site including, but not
limited to, site clearance, grading, dredging, land filling and the fabrication, erection, or
installation of the work. Said Notice to Proceed shall be issued following execution of the
Agreement and the filing by Contractor of the required bonds and proof of insurance. The


                              CIP 122 SAMPLE AGREEMENT
                                                    PAGE 2
continuous prosecution of work by Contractor shall be subject only to Excusable Delays as
defined in this Agreement.

        1.09     TIME OF COMPLETION.

        The entire work shall be brought to completion in the manner provided for in the
Contract Documents on or before the THIRTIETH (30th) working day, (hereinafter called the
("Completion Date") from and after the receipt by Contractor of the Notice to Proceed unless
extensions of time are granted in accordance with the Contract Document§.

        1.10     PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK.

         The payment of any progress payment, or the acceptat1()~:'!here9f6y CO(1tractor,
shall not constitute acceptance of the work or any portion thereof ands.tiCllrin no waY:lreduce
the liability of Contractor to repl~ce unsatisfactory work or:rmaterial, thougl1Jtne unsaysfactory
character of such work or matenal may not have been SlRparent or detecte(tatth~;bme such
payment was made.                                        Fs%!                        ~'"
                                                                                 \.   ..


        1.11     ACCEPTANCE NOT RELEAS::
                                                          yEc
                                                                  ,        ~i,
                                                                           .)
         Contractor shall correct immediatelYa'by defective or i.rteafwork which may be
discovered before final acceptance of thl;lentiret'v';'prk.uAny unsat~factory materials shall be
rejected, notwithstanding that they maY'have beEm:2yerlooked by'fhe proper inspector. The
inspection of the work, or any part ;t@r~of, shallj!oot relieve Contractor of any of his
obligations to perform satisfactory work C1§'n~rl:'lin prescfipEld.
                                           \'-:;:'::::~""     -, -co'--<--
                                                            :;:::':::~--


         Failure or neglect on_the part of tR~ CilYQr anycof its authorized agents to condemn
or reject bad or inferior workq."I11C1twials shall nOtpe construed to imply an acceptance of
such work or materials if suchbElC6mEl.~.l;lyident at any time prior to final acceptance of the
entire work or all materials, norc§halisuGhc.faillJre be construed as barring City at any
subsequent time from recovering damClges oraf such a sum of money as may be required to
build anew all portiOTIstot the work in Which fraud was practiced or improper materials used
                     ~...                ..,.'--c ....-

whenever City may d~ov.e!~~~=.me~)T
        1.12     RELE/(SEA9PO/"pmAL PAYMENT.
                        ~           J!'
       ;Y lf req~ested to d\O by City, at the time of final payment, as a condition precedent to
final PClY!I1E3nt,~Ol'ltrClGtor Wtq,d each assignee under any assignment in effect at the time of
final paymEHll:shalF'eJ<Elcutf'and deliver a release in form and substance satisfactory to the
City and containing such exceptions as provided in Section 7100 of the Public Contract Code
which shall dischargE:!' City, its officers, agents, and employees of and from all liability,
obligations, and.plaims arising under this contract.

        1.13     CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN
                 PART.

         Without limitation of Paragraph 1.19 whatsoever, the City of Oakley shall have the
right at any time to enter upon the work and perform work not covered by this Contract, or to
occupy and use a portion of the work, prior to the date of the final acceptance of the work as
a whole, without in any way relieving Contractor of any obligations under this Contract.

                              CIP 122 SAMPLE AGREEMENT
                                           PAGE 3
Such use or occupation of the work shall not be construed as an acceptance of any portion of
the work under this Contract, nor shall it affect the dates and times when payments shall
become due nor prejudice City's right, guarantees, or sureties.

         1.14     NO WAIVER OF REMEDIES.

         Neither the inspection by City or its agents, nor any order or certificate for the
payment of money, nor any payment for, nor acceptance of the whole or<:lny part of the work
by City, nor any extensions of time, nor any position taken by City or ilscagents shall operate
as a waiver of any provision of this Agreement or of any power herei.r)feserv~d to City or any
right to damages herein provided, nor shall any waiver of any br~~8h of thi$):f,\greement be
held to be a waiver of any other or subsequent breach. All rem~c:lie§;:providec:l, in this
Agreement shall be taken and construed as cumulative; that is, in additi(jnto each and every
oth.er ~emedy ~erein provided, and City shall have any aj;ld all eqUitable~Q£. . le.gao imedies                                                 .1.

which It would In any case have.                                                      .f
                                                                                                      A~~
                                                                                                            4"".                   '~:':~-~:??-'-

         1.15     DETERMINATION OF                                 DAMAGE~ .•:.-~~,                                           \.    iF
                                                                            'C:"',:.::cec,-::.:.'."::'_,:-":.-':.   ""=";,.   ~
         The actual fact of the occurrence of dflp1agesT<:Ind the'l:!~ly'al al)1ount of the damages
which City would suffer if the work were not,completedwithin the";~l[.eqjfi~d times set forth are
dependent upon many circumstances§Clnd'gpDditiqns which '~uld prevail in various
combinations, and from the nature of t~project:WUScimpracticabl§'and extremely difficult to
fix the actual damages. Damages wh~~l!Y wouldLsH~er in the event of delay include loss
of the use of the Project, and in aIT~ittQtL expens~Sc2 •. ()f prolonged employment of an
architectural and engineering staff; costs~f"itC\lninistrati()D' inspection, and supervision; and
the loss suffered by the pq!2lic within tne cltyg~f O~kley by reasons of the delay in the
completion of the project !(j'i£s~Ne~the pul\: atl~earliestpossibletime. Accordingly, the
parties hereto agree, and by ex~lillQ~f"t/'1IS Ag~ment, Contractor acknowledges that he
understands, has ascertained ana~agfEjes.t the amounts set fort.h herein as Iiq~idated
damages shall be.presumed to b~the amount of damages sustained by the failure of
Contractor to complete the entire worK'Withit:1 the times specified.
                      '~-: :,~---::_::,:c:::
                        .
                                                      ,_
                                     .c·.··.:·.-·:.-cc·:·o·:,c,_
                                                                   ~?
                                                                   p
         1.16     L1QUIDATEDDAMAG~S.
           ~

       gj'fil'''"''alJ;lount of tbe liquidated damages to be paid by Contractor to City for failure to
compllifie the entire work by the Completion Date (as extended, if applicable) will be Two
Hundlld Fif1y",QQI!SlI3? ($250.00) for each calendar day, continuing to the time at which the
work is",q:oirfRlele(J~;'$.J,!chamount is the actual cash value agreed upon as the loss to City
resulting froln,Contra,r's default.

         1.17'%RA¥MENT OF DAMAGES.
                 ~~

         In the event Contractor shall become liable for liqUidated damages, City, in addition
to all other remedies provided by law, shall have the right to withhold any and all payments
which would otherwise be or become due Contractor until the liability of Contractor under this
section is finally determined. City shall have the right to use and apply such payments, in
whole or in part, to reimburse City for all liquidated damages due or to become due to City.
Any remaining balance of such payments shall be paid to Contractor only after discharge in
full of all liability incurred by Contractor under this section or otherwise. If the sum so
retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor and
                                CIP 122 SAMPLE AGREEMENT
                                                                       PAGE 4
his sureties shall continue to remain liable to City until all such liabilities are satisfied in full.
No failure by City to withhold any payment as hereinbefore specified shall in any manner be
construed to constitute a waiver of any right to liquidated damages or any right to any such
sum.

         1.18        INDEMNITY AND HOLD HARMLESS.

          Contractor shall assume the defense of, and indemnify and hold harmless, the City,
its officers, employees, and agents, and each and every one of them, from and against all
actions, damages, claims, losses or expenses of every type and de§~fiption to which they
may be sUbjected or put, by reason of, or resulting from, the p~rformance of the work,
provided that such action, damage, claim, loss, or expense isetlriputable)q bodily injury,
sickness, disease or death, or injury to, or destruction of property, ""l1ethl(r.upon or off the
work, including the loss of use thereof, and is caused in whole or in parft:>yany neglig~nt act
or omission of the Contractor, any subcontractor, and a  ..nn.¥,one directly OfLQcdc.i.r.e. .c.tl.y ~61ployed
                                                                                         . ...
by either of them, or anyone for whose acts of them may~e liable, whetherO(iJot iris caused
in part by a party indemnified hereunder.             F-~c'E~,F'

         1.19    CONTRACTOR SHALL ASSUMERISKS.                         =::"-'"""-

            .              .       ._",s}~'-"t;:-:;G.:i.           ''''"-~     _     .
        Until the completion and final accej:ltange by City of all WQI!s.?, . tier this Contract, the
work shall be under Contractor's responsjbility,c~fl(, antI' charge, ir'IDlOding any period of time
work is suspended for any cause whal'ever.Cejptractor shall r4build, repair, restore, and
make good all injuries, damages, re-ereg!lbns, andrel?~irs occasioned or rendered necessary
by accidental causes of any nature, to 'll~~any porti9IJSpf the work, except as otherwise
agreed. It is specifically contemplated that tl1etGity, its officers, employees, and invitees, will
occupy and use portions of 1h~ work pri~ td"'ft~ acceptance. Such occupancy shall not
relieve Contractor of resppff&iEilil~~lovide~here~nor exonerate a~y surety or insurer of
Contractor save and except fOrlt~~s¥QfIT9~11 maJl1tenance and repair.

         1.20        GENERAL UABIUl\Y"OF CON'fRACTOR.
                                             s-;.

         Except as oth~r'JI.ii$e.herein e~e{sIY agreed, Contractor shall do all the work and
furnish all the labor, material~,t()()I§,P9wer and light, and appliances, necessary or proper for
performin~gnd complE3tingthe work herein required in the manner within the time herein
specifi~lF Tt1e.,mentionofany speCific duty or liability of Contractor shall not be construed as
a limi~ion. or. r.estriction 9f a.ny general liability or duty of Contractor, and any reference to
                               .
any s ··.cifjgJlu!~£or"JjgbilitY§hali be construed to be for the purpose of explanation.
       v:~i~:-~~:=='~-:'"~"'~       ",:~
          f'Z1   INSURA:llCE REQUIREMENTS.
                             jjfj
                 ~       §
         Befor~be.gnming any work under this Agreement, Contractor at its own cost and
expense, shall procure "occurrence coverage" insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Contractor and its agents, representatives, employees, and
subcontractors. Contractor shall provide proof satisfactory to City of such insurance that
meets the requirements of this Agreement and under forms and amounts of insurance
satisfactory in all respects to the City as set forth in Exhibit A attached hereto and
incorporated herein. Contractor shall maintain in full force and effect the insurance coverage
in the forms and amounts specified in this Agreement throughout the term of this Agreement,
                                       CIP 122 SAMPLE AGREEMENT
                                                    PAGE 5
and until final completion and acceptance of the work by the City. The cost of such insurance
shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required
herein for the subcontractor(s) and provided evidence thereof to City. Verification of the
required insurance shall be submitted and made part of this Agreement prior to execution.
Verification of the required insurance is attached hereto and incorporated herein as Exhibit B.

         1.22 VARIATION.
                                                                          A~
        The City may approve a variation in the foregoing insurancej$ll1uire"ments, upon a
determination that the coverages, scope, limits, and forms of such JQ~urance a~ either not
commercially available, or that the City's interests are otherwise f(jllyrotecte_d,~ •
                                                                                c'       "




                                                                                       ;B
         1.23 NOTICE OF REDUCTION IN COVERAGE.

      In the event that any coverage required by this s~cli6nis reduced, IilJlite  ,aterially
affected in any other manner, Consultant shall provide writt~pnotice to CityaV onsultant's
earliest possible opportunity and in no case laterJh ~ 've day~gfter Con~.uJtant is notified of
the change in coverage.                         ~"k                       ,5

                                              r
                                                  4,
                                                  ~_.c'"   ~
        1.24     FAILURE TO MAINTAIN INSUR:«hlCE=,"

        During the term of this AgreemE'!nti<lnd un I ='DEli completion and acceptance of the
work by the City, the Contractor shall maint;;iip in full"foroe~and effect insurance coverage in
the forms and amounts specified in the§e -CpDJract OtNGments and as described in the
Insurance Requirements in§~hibit A. If, atanytill}~ dVrfng the performance of this Contract,
Contractor fails to maintainany2itEll1t9freqi.jired rn~ljrance in full force and effect, Contractor
shall immediately discontinue allYJorkEQrldE.lrHhe contract and City will withhold all Contract
Payments due or that become dueuntirhbtiC~ is received by City that such insurance has
been restored in fu!!JQrce and effecfgnd that the premiums therefore have been paid for a
period satisfactory tOMl1elo~l!Y Manager.+
                      '" '   'd~~;C~~~    F
        1.25     EXTEtsiSIONS'X1IF~""(;IME.
           1:h          '8    £7     '>,


       ~h~fi~event c~tdeems l"'necessary, in its sole discretion, to extend the time of
compliltion of work to b~done under this Contract beyond the required Completion Date
herei~Becifi§.g~:p:cl1,exte:ttsibns shall in no way release any guarantee given by Contractor
pu~suam~~"'tn€'proVlonEf ?f the Contract Documents, nor shall such .extensi.o~ of time
relieve or release th~suretles on the bonds executed pursuant to saId provIsions. By
executing sue!!. bong§T the sureties shall be deemed to have expressly agreed to any such
extension of tim~T$lTne amount of time allowed in any extension of time shall be limited to the
period of excusable delay as defined herein giving rise to the same as determined by City
Engineer.

        1.26     EXCUSABLE DELAYS.

          For the purpose of these Contract Documents, the term "Excusable Delays" shall
mean, and is limited to, delays caused directly by acts of God, acts of the public enemy, fires,
riots, insurrections, epidemics, quarantine restrictions, strikes, lockouts, sit-downs, acts of a
governmental agency, priorities or privileges established for the manufacture, assembly, or
                              CIP 122 SAMPLE AGREEMENT
                                           PAGE 6
allotment of materials necessary in the work by order, decree, or otherwise of the United
States or by any department, bureau, commission, committee, agent, or administrator of any
legally constituted public authority; changes in the work ordered by City insofar as they
necessarily require additional time in which to complete the work; the prevention by City of
Contractor from commencing or prosecuting the work because of the acts of others,
excepting Contractor's subcontractors; or the prevention of Contractor from commencing or
prosecuting the work because of a City-wide failure of public utility service.

          The term "Excusable Delay" shall specifically not include: (1) any delay which could
have been avoided by the exercise of case, prudence, foresight, and wllg13nce on the part of
Contractor; (2) any delay in the prosecution of parts of the work,~hich may in itself be
unavoidable but which does not necessarily prevent or delay the l2l'!§£lcution\tother parts of
the work, n~r the completion of. the whole: work wit~in the time spe(3ITJ!lg.;.(~.ral1y re<\s?nable
delay resulting from time required by City for review of plans and'CSJ,lbffilttals recf~,lred of
Contractor and for the making of surveys, measurements and inspection'~d (4) ~iW delay
arising from an interruption in the prosecution of thec"York on account '~lllegeasonable
interference from other Contractors employed by Cily,wbiqh does not nec:ess'aIDY"prevent the
completion of the work within the time specified. Excusable.[)~lays, if any,i sh,an operate only


                                                         "':5
to extend the Completion Date (not in excess of;ftl;l~~l¥lriod;qf~uch dela~.as determined by
the <?ity) ~ut shall not under any circumstance¢frrc-rea~'the surn-;~ity iS,;to pay Contractor as
provided In these Contract Documents. ",-,
        1.2?     CONTRACTOR TO SERVE NO -, Ii#<5F DELAYS:

         Whenever Contractor foresees 'apYfd§lay in f~~Q.?ecution of the work, and in any
event immediately upon the occurrenc~. ofClDY del~~;Which Contractor regards as an
excusable delay, he shall notify the City EtlgineEl[Jn w,ritrng of the probability of such delay
and its cause, in order thatthe}C.itY,E:pginee~ mayt<iKe immediate steps to prevent if possible
the occurrence or continuance oLthede,lCl,y,.oI if thJscannot be done, may determine whether
the delay is to be considered excpsable,TttiJ.w long it continues, and to what extent the
prosecution and co'~!2letion of the work are delayed thereby. Said notice shall constitute an
application for an extension of time 0I11 y iflhe notice requests such an extension and sets
forth Contractor's es1llrat~Qf~e additighal time required together with a full description of
the cause of the delaY'tlied upp~         .'
       "Aft.~rttte comPI!ti6~f    an 'part or whole of the work, the City Engineer, in estimating
the amount due ContracIDJ, will assume that any and all delays which may have occurred in
its pr6$e~uti9nT:and.qqmpl~iQn have been avoidable delays, except such delays as shall have
been call~dtojtheattE;mtio~f the City Engineer at the time of their occurrence and found by
him to have been excul>able. Contractor shall make no claim that any delay not called to the
attention of th.e City E"gineer at the time of its occurrence has been an excusable delay.

        1.28     EXTENSION OF TIME - EXCUSABLE DELAY.

        Should any delays occur which the City Engineer may consider excusable, as herein
defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond
the time herein set forth proportional to said delay or delays in which to complete this
Contract; and, during an extension which may have been granted because of an excusable
delay or delays, City shall not charge liquidated damages against Contractor for such delay.


                              CIP 122 SAMPLE AGREEMENT
                                           PAGE?
1.29    EXTENSION OF TIME DOES NOT WAIVE CITY'S RIGHTS.

          The granting of any extension of time on account of delays which in the judgment of
the City Engineer are excusable delays shall in no way operate as a waiver on the part of City
of its rights under this Contract excepting only the extension of the Completion Date.

        1.30     NO PAYMENT FOR DELAYS.

        No damages or compensation of any kind shall be paid to ,Contractor or any
subcontractor because of delays in the progress of the work whether§uchdelays qualify for
extension of time under this Agreement or not.                    .
                                                                               -
                                                                      .." . . c·,--,      <......., ....



          Contractor waives all claims against City, its officials and~h"1PI9yeElsj,for any loss or
damage sustained by reason of delays beyond the Completion'{cl:)l:lte arising"jput of
modifications of this Agreement, including modifications .qeemed necess[i"y or desirable by
City for the correction of errors or omissions in the ContrE1pt Documents.       ...    ~.
                                                                                       '''.'''-'''~'''-    ,--




        1.31     CHANGES IN THE WORK.

        Changes in the work made        purSUal)t~fu':'~i'l:'ges"i~~'l1Elg in.l:lJ~~rdance
                                                                                     with the
Standard Specifications and extensions of,4.tL of cOfflpletionTl'l<.ldElFnecessary by reason
thereof (beyond the Completion D.a~e) sball not~).~an~!Vjay releas\;l;any guarantee given by
Contractor pursuant to the provlslons-pf the '~9J1tract Documents, or the Contract let
hereunder, nor shall such changes inifth El work Ter~Jl.e or release the sureties on bonds
executed pursuant to the said provision§,.\§y execUfQ[9j,;sych bonds, the sureties shall be
~eemed to have expressly agreed to any,;suqp hange"'Uim,e work and to any extension of
                                              4y
time made by reason thereof,..          CC,'.'.:;"'.'


                                    .. .
        1.32     TERMINATIONAFTERCOMPLETION DATE.

        In additioneto any other right§ it ~~V"have, City may terminate this Contract at any
time after the ComP!i\,~JtDate as adju§teci by any extensions of time for excusable delays
that may have beer1Mi'anfecl~~ Upon such termination Contractor shall not be entitled to
receive any compensation fOl¥setvic~rendered by him before or after such termination, and
he ~hal~ ••I5I3.liable .to "~o~liql,[idated damages for all periods of time beyond such
termlngtlondate until the;-~ork IS cdfupleted.

       : .1.3.3. CONTRA\T:0R BANKRUPT.
            ... . _..  F
          I(Contractor'$hould commence any proceeding under the Bankruptcy Act, or if
Contractor bE? adjudged bankrupt, or if Contractor should make any assignment for the
benefit of creditprs, or if a receiver should be appointed on account of Contractor's
insolvency, then 'the City Council may, without prejudice to any other right or remedy,
terminate the Contract and complete the work by giving notice to Contractor and his surety
according to the provisions of Section 1.31. Contractor's Surety shall have the right to
complete the work by commencing thirty (30) days as specified in Section 1.31; and, in the
event Contractor's Surety fails to commence work within thirty (30) days, City shall have the
right to complete, or cause completion of the work, all as specified in Section 1.31.



                              CIP 122 SAMPLE AGREEMENT
                                        PAGE 8
           1.34       TERMINATION FOR BREACH OF CONTRACT.

          If Contractor should abandon the work under this Contract, or if the Contract or any
portion of the Contract should be sublet or assigned without the consent of the City Council,
or if the City Engineer should be of the opinion that the conditions of the Contract in respect
to the rate of progress of the work are not being fulfilled or any part thereof is unnecessarily
delayed, or if Contractor should willfully violate or breach, or fail to execute in good faith, any
of the terms or conditions of the Contract, or if Contractor should persistently refuse or fail to
supply enough properly skilled labor or materials, or fail to make prompt payment to
subcontractors for material or labor, or persistently disregard laws, .grdihances, or proper
instruction or orders of the Engineer, then, notwithstanding any provision to the contrary
herein, the City Council may give Contractor and his Surety writtenrtJgtificatiol}to immediately
correct the situation or the Contract shall be t e r m i n a t e d . - -
                                                                                                      ,-;"         ',';-c.


          In the event that such notice is given, and, ill the event sl.l£tl.situati<:mTis not
corrected, or satisfactory arrangement for correction i not made withinte,'l{1g)' calendar
days from the date of such notice, the Contract shall ~. _ xpiration of said teQ;~10) calendar
days cease and terminate. In the event of any such temil~.!i2n, City sha)~mlJlediately serve
                                                     candtqe SUt~Y.. shall ha'{!} the right to take
notice thereof upon the Surety and Contractor; .::>.:.. .::.:.. :.'   :':.:'_'~:"':''''-'::..
                                                                                           _.,._.•......,   t0
over and perform the ~o.ntra~t, provided, hO'i'{ever,W?! if tI1E'l~~-,\1!et¥.J0es not commence
performance thereof within thirty (30) day§.,Jr.f?i'l1 the d,,!te of tI1E:l~i'l1~lIng to such Surety of
notice of termination, City may take ove':fthe worKandlprosecute                                mer       same to completion by
Co~tract, or ~therwise, for the account£~? at the~e$p~nse of Contfa?tor, and his Surety shall
be liable to City for any excess cost oco~ned CltytOe.reby, as hereinafter set forth.
                                           ~~~,                     ':':_~;~~>}:_y::,.::;'
          In the event City completes th" W~'h or cau~~s the work to be completed, as
aforesaid, no payment of anY',,-sum shall fie ~11, to Contractor until the work is complete.
T~e cost of completing the","Qt~~!?~2~ng ~t nof'~1Eit~d to, ~xtra contract.cost~, the ~osts of
City forces, extra costs of admJt1!strab.0n,g.§J~1mal),agement Incurred by City, either direct or
indirect, shall be deducted from ahy"sum~fn-Ef~~ue, or which becomes due, to Contractor from
City. If no sum sufft<;ient to pay the"Clifferenc8'between sums due to Contractor and the cost
of completing the wOJk,aQd there is a~\!'_Ejemaining due to Contractor after City deducts the
aforementioned costs of c.()l11pieting th~work, then City shall thereupon pay such sum to
Contractor,and his Sure,ty. -" --== __ .
             ~                 :~::::::        }::-
       ..#No ' 1fG!
           'O       by. Citypefore the work is fin~lIy accepted, .includ~ng but n~t Iimite~ to,
exerC[~e Of. ot~. e.r. r.lgh.ts ~11.de. r the Contract, actlo~s at law or In equity, extensions of time,
                    .      .
paym~t~kj:JaJJll}!"olc~quldated damages, occupation or acceptance of any part of the work,
waivenl~l'iOf2'l)[eachT-of the Contract or failure to take action pursuant to this section
upon the happening ~any prior default or breach by Contractor shall be construed to be a
waiver, or to estop,       9fY  from acting pursuant to this paragraph upon any subsequent event,
occurrence o0failure by Contractor to fulfill the terms and conditions of the Contract. The
rights of City pursuant to this paragraph are cumulative and in addition to all other rights of
City pursuant to this Agreement and at law or in equity.




                                          CIP 122 SAMPLE AGREEMENT
                                                       PAGE 9
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth opposite their names.


Date:                                      CONTRACTOR:




                                                 Signature            .....
                                        (corporate officer if incorpqrated)
                                                                   --
                                                                        --




                                                 Name (Printed)
                                                         ft


                                                                             •



Date:




                              ~
                                ~
                                  ~{
                                    l§'"         Title
                                    r




                         CIP 122 SAMPLE AGREEMENT
                                    PAGE 10
           (signature page continued)



Date:                     CITY

                          City of Oakley, a municipal
                          corporation in the State of California

                                                  Lt~
                                               ,t:'[fj?

                                            A(                  '
                                            c~_                 "'~
                           Bryan MontgoniEiryfLGll!Y Manage)
                                               --- '" 9
                                                 ~;: ---:;fj'         ~~.




                         ;/
                       =""~&J~IGINAL    APPROVED AS TO FORM:



           - ~~,           Derek Cole, City Attorney




        CIP 122 SAMPLE AGREEMENT
                 PAGE 11
GUARANTY



To the CITY OF OAKLEY, FOR

                         DEMOLITION & REMOVAL OF BUILDINGS
                        AND SITE CLEANUP AT 5400 NEROLY ROAD
                                     CIP NO. 122

                                                                                   "-
The undersigned guarantees the construction and installation         '6f~ 0 '~lJde\in this
project.                                                                                L
Should any of the work prove defective, due to faulty,Yiprkmanship,         m~tr ~,furnished
methods of installation, or should the work or any part1JQereof fail to opefmVproperly as
                                                                                                   or

originally intended and in accordance with the plans and";~Pl3cifications~"}duEfto any of the
above causes, all within one year after date on )£1IJU,tlffiithis c6htt~yt is aCy~pted by the City or
after relief fro~ maintenan~e, which~ver, theell1ffier~lg,* agr~e~Lt9. re,t!'P6urse the City, upon
demand, for Its expenses Incurred In restprtfl]t~ aid prgject, InclutJlpgthe cost of any such
equipment or materials replaced and repair sal(lg rkJ'bmpletely Without cost to the City so
that said work will function successfully;[S"origina    iOntemplated."

The City shall have the unqualified optio'1)J8Xj'l1§ke an~,&~ed replacements or repairs done
by the undersigned. In the event theQity'<~Jects to'lifEl've said work performed by the
undersigned, the undersignecl.cagrees that"the rep?irssflall be made and such materials as
are necessary shall be furniSh19di,$Odjpstalied wfthh;r a reasonable time after the receipt of
demand from the City. If the undersigriElci~~hall fail or refuse to comply with his obligations
under this guaranty, the City shall'b El entitle<:!Ktp all costs and expenses, including attorney's
fees.




                                                             Signature of Bidder




                              CIP 122 SAMPLE AGREEMENT
                                           PAGE 12
                                   PERFORMANCE BOND
                                    (To Accompany Contract)

                                                            Bond No.                                  _

WHEREAS, the City of Oakley, hereafter referred to as "Obligee," has awarded to Contractor,
_-;---;-.----,,--_--.---;-_:;----;----,--;;-          ' hereafter referred to as "Principal," a
contract for the work described as follows:

                         DEMOLITION & REMOVAL OF BUILDINGS , ; "
                        AND SITE CLEANUP AT 5400 NEROLY ROAD    '"
                                     CIP NO. 122        .sc~     ~
                                                                                   ::n'n~ ~~:aid ~ntract,
AND WHEREAS, said Principal is required to furnish a bond in
guaranteeing the faithful performance thereof:                                                 V
NOW, THEREFORE, we the undersigned PrincipaLand- S~rety are held an~firmly bound
unto the Obligee, in the sum of                                                       Dollars  r
($                ) to be paid to the Obligee, forc&whJ£:h paY-DJxnt we blWl ourselves jointly


~::s:~:~~~ION      OF THIS      OBLlGAT!p~~uJhat if:~i§Tht;~ciPal                   shall faithfully
perform his contract, then this obligati()l]e,shall be'[ ~II and void, otherwise it shall be in full
                                         ....  ~      -
force and effect.                             'i.,..
                                            ,.::::,.,:,,~




                                                                              ,#
No right of action shall accrue under   thistb~gc:f]J() or for                "use of any person other than the
Obligee named herein.                         . 'c.         - ,
                                                                  ;'<__ .C·


Dated:

Correspondence o~aims relating to'tbis bonde'should be sent to the surety at the following
address:        =                  --




                                                                         Name (print)



                                                                       Principal (Signature)



                                                                       Surety



                                                                       Attorney-I n-Fact

NOTE: Signatures of those executing for the Principal and Surety must be properly
acknowledged and a Power of Attorney must be attached naming the Surety.

                              CIP 122 SAMPLE AGREEMENT
                                           PAGE 13
                                          PAYMENT BOND
                                      (Civil Code Secti.on 3247)

                                                       Bond No.                             _

WHEREAS, the City of Oakley, hereafter referred to as "Obligee," has awarded to Contractor,
-;---;-;-_----;----,-_---;;-----,-_~;-------' hereafter referred to as "Principal," a contract
for the work described as follows:

                          DEMOLITION & REMOVAL OF BUILDINGS .....                   .'
                         AND SITE CLEANUP AT 5400 NEROLY ROAD
                                      CIP NO. 122         ....;"·

AND WHEREAS, said Principal is required to furnish a bond in connectlpr{With said h'qntract,
to secure the payment of claims of laborers, mechanics, aterialmen, anoXQJher pl~isons as
provided by law.                                                        cC. c ;c,_
                                                                      A    ';JiS:,;3
NOW, THEREFORE,. we the undersigned Principal an ,~,::,y are hel~,' ,ana firmly bound
unto the Obligee m the sum of                     --     "'_          ~              Dollars
($                 ) to be paid to the Obli~~~,for         wbJS,r
                                                        payml'1tw~4>Qind ourselves jointly
and severally.                              "' /·¥i~.j;,    "I:.X!       y
THE CONDITION OF THIS OBLIGATI~1ikIS SUCf-jttt\at if said Principal or its subcontractors
shall fail to pay any of the persons na.mg~Civii C()(l(3!:gection 3181, or amounts due .under
the Unemployment Insurance Code wlth'1t.esJr~t to work.cc,>rJabor performed by such claimant,
or any amounts required to be deducted,\{ittTIt~, and PgiB over to the Franchise Tax Board
from the wages of employe,e8.'$91 the Prii1eipal~JL hj,s:'subcontractors pursuant to Section
18806 of th~ R~venue and"'li~.~tipo!'!,,:~~d\     witli"\~ect to s~ch work and lab?~, th.at th.e
Surety herem will pay for the S'WY6'€ltgaJ:l?a[louIlVrnot exceedmg the sum speCified m this
bond, otherwise the above obligatr@[l sflall~lf~void. In case suit is brought upon this bond,
the Surety will pay G\.[~asonable attOf't!~y's fee-to be fixed by the court.
                      ., ---              ~%    ~


This bond shall inur~I6thel:le,nl:lfit of ari'fof the persons named in Civil Code Section 3181
as to give ~ right of acti.gn t9~Sl.lCJj,pE:lr§ofis or their assigns in any suit brought upon this bond.

Dated:._'                                       , 20        _

corre§b()n8~gCe2rSI"'ims~relating to this bond should be sent to the Surety at the following
add ress::·...h~·  - .'.  ,..



                                                            Name (print)



                                                            Principal (signature)




                                CIP 122 SAMPLE AGREEMENT
                                             PAGE 14
                                                    Surety


                                                 Attorney-In-Fact

NOTE: Signatures of those executing for the Principal and Surety must be properly
acknowledged and a Power of Attorney must be attached naming the Surety.




                           CIP 122 SAMPLE AGREEMENT
                                       PAGE 15
                                             EXHIBIT A

                                      INSURANCE REQUIREMENTS


           Specific Insurance Requirements and Required Policy Limits

                                                                            F
::::::::NL:,::::A$~::'OOO                                             L· ~~
Co~t~a~tor   shall procure and maintain for the dura~ion
                                                      of its    ~ontr:c:;ns. ~nce-a~in~~laims
for injuries to persons or damages to property, which maXtarise from or In G~~C OI!l'wlth the
performance of the work hereunder by the consultant,)ls.~Clgents, representatC   mployees
or. s.ubcontractors""'i~:"'- ' - ,
Minimum scope of coverage                   .....    'cc        ~;;~
Coverage shall be at least as broad as:    _            :l:       -
   1. Insurance Services Office Comm~cial Ge:R~raILJability cov~
      CG 0001).                       A.:"?'
   2. Insurance Services Office form n'~ r CA OOQj~(Ed. 1/87) covering Automobile
      Liability, code 1 (any auto).                    C'"c
   3. Workers' Compensation insuranceEl           'red byttler State of California and
      Employer's Liability .~n~a ceo    \

Minimum limits of insurance ",~ :~.                   .
   1. General Liability: $1 ,000,OO1n~er o-c'bl.Tt~nce for bodily injury, personal injury and
      property daniEig§including opel'~ons, products and completed operations. If
      Comm~rcial Gt:lneJ<.lI~L.i<.lbility Ins~t:~ or other form with a general. aggr~gate lim.it is
      used, either the~enerC!LC!ggregate-limlt shall apply separately for thiS project/location
      or t~ general aggrElgatelim.it,snall be twice the required occurrence limit (e.g.
       ~2f00Ql~00).,:7
   2. " utomooile Liability; $1,000,000 per accident for bodily injury and property damage.
   3. -   plo ' .i~bilitY:$l,OOO,OOO per accident for bodily injury or disease.
      '"
      .
                     _.....:"

                     .~         ,,'
Other Insurance provISions
The Commer~al Gen.lral Liability and Automobile Liability policies are to contain, or be
endorsed to con!gjnffhe following provisions:
   1. The City, lt~ officers, officials, employees and volunteers are to be covered as insured
       as respects: liability arising out of work or operations as performed by or on behalf of
       contractor; or automobiles owned, leased, hired or borrowed by the contractor.
   2. For any claims related to this project, the contractor's insurance coverage shall be
       primary insurance as respects the City, its officers, officials, employees and
       volunteers. Any insurance or self-insurance maintained by the City, its officers,
       officials, employees and volunteers shall be in excess of the contractor's insurance
       and shall not contribute with it.
   3. Each insurance policy required by.this clause shall be endorsed to state that coverage
      shall not be cancelled by either party, unless thirty (30) days prior written notice by
      certified mail, return receipt requested, has been given to the City.

Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation: The Workers' Compensation policy is to be endo~¥.d with a waiver of
subrogation. The insurance company, in its endorsement, agrees to ~Clive all rights of
subrogation against t~e Ci~y, its ?ffice~s, officials, employees and v~or1teers f~ lo~ses paid
under the terms of this policy which arises from the work perform$l(J~.Qy"J~e naQ1~ed Insured for
the City.                                                               ~~ § "'% , )

Deductibles and Self-Insurance Reten.tions: Any de?uctigles or. self-.insure      ",J~nti~$;"ust
be declared to and approved by the City. At the opt,on,qftb~ City, either: the '~er shall
reduce or eliminate such deductibles or self-insured retentions as respectsJhe':~ity, its
officers, officials, employees and volunteers, or th.e,.@Q,!Jsulll'int?l:lpall provid~'? financial

                                                          1
guarantee satisfactory to the City guaranteeingi paymel1hof loss~sand rElJated investigations,
claim administration and defense expensesi'~",                            ',~'"
Acceptability of Insurers               . •.. ••.  -,~

unless otherwise approved in writing by tb.ecgity·

Verification of Coverage          •.:: ccc .
                                             .       ,




                                                ._....
                                                            ,
Insurance is to be placed with insurers With.? curreritfl\~rv1. Best's rating of no less than A:VII,
                                                          '=;:.~~=7"


Contractor shall furnish theCitywith91iginaRgertifioate's and amendatory endorsements
effecting coverage required by thisclal.lsEl'[b~endorsements should be on forms provided
by the City or on other than the CitY'l:lJorms!5(Q)lided those endorsements conform to the
City's requirementsrcfA\lIcertificates ar'lcL.endorsements are to be received and approved by
the City before work'tbiItm£lLl.Ces. The Cilyreserves the right to require complete, certified
copies of all required 1Ilsuf'anDRollcies,including endorsements affecting the coverage
required b¥2these speditlc~0hsat~~yflime.
      "',' ."- -~   "'"   ~          .?
Subcontractors            ~
Contr~ct?r~bClH.i.ll.g!.Bde all~ybcontractors as insured under its policies or shall furnish
separate~()Elrtificafes:~nd epuorsements for each subcontractor. All coverage for
subcontractors shall b~'subject to all of the requirements stated herein.
Projects Totaling $100,000 or More

Contractor shall procure and maintain for the duration of its contract insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the consultant, his agents, representatives, employees
or subcontractors in types and amounts at least equal to those required under the CA
Department of Transportation Standard Specifications (2006). Those requirements are
generally spelled out below. Refer to the actual specifications for more p~~ise coverage
requirements.                                                            4"7"_."
Minimum scope of coverage
Coverage shall be at least as broad as:                                         \.
Insurance Services Office Commercial General Liability coverage (occ ' ,ce form C'
0001)./                                                                        gO
Insurance Services Office form number CA 0001 (Ed. 2L~~) covering Autom~Jffrability,

~~~~r~~~o~~~~sation insurance as required by.t~Sta;~\6f~alifornia a~<;I El~loyer's
Liability insurance.                             r~'"+£;",4f-;;'
Minimum limits of insurance                ",', r~;~       J        .;'~;;
General Liability: $2,000,000 per occurrerice for ~ily#ihjUry, personal injury and property
damage including operations, products·~)19pomplere~eperations. If Commercial General
Liability Insurance or other form with a gE1ner~taggrega~)limlt is used, either the general
aggregate limit shall apply separately for tb!sprRj~ct/lodjqonor the general aggregate limit
shall be twice the required OCCW[EmCe limil(e.g.$4;OOO,000).
Automobile Liability: $1,OOO,QOO;rte,raccidenlfor bogilyinjury and property damage.
Employer's Liability: $1,OOO,OOOp$taccigenIJor bodily injury or disease.
Umbrella Policy: $15,000,000 per'ocpurret1celfgr any and all liability claims.
                       i2:....

Other insurance pro~isions~;
The Commercial Gen\raT'~raMlli!Y..9nd Aufomobile Liability policies are to contain, or be
endorsed t() contain, tife. foll9WlngfR'[oyfsions:
The City"its;officers, o~iars, empl~ees and volunteers are to be covered as insured as
respep~s: liability arising      l!tof work or operations as performed by or on behalf of contractor;
or autqrnobile~O~flE;Jd, leased, hired or borrowed by the contractor.
For anYOlfliml:l,r,€lIatEl9.to ttjlS"project, the contractor's insurance coverage shall be primary
insurance as respectsthe City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees and
volunteers shallbein'excess of the contractor's insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be cancelled by either party, unless thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.

Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Waiver of Subrogation: The Workers' Compensation policy is to be endorsed with a waiver of
subrogation. The insurance company, in its endorsement, agrees to waive all rights of
subrogation against the City, its officers, officials, employees and volunteers for losses paid
under the terms of this policy which arises from the work performed by the named insured for
the City.

Deductibles and Self-Insurance Retentions: Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respecJ~Jhe City, its
officers, officials, employees and volunteers, or the consultant shall prg.lJfcfe~ financial
guarantee satisfactory to the City guaranteeing payment of losses a tl\elate investigations,
claim administration and defense expenses.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M,Best's rating 0
unless otherwise approved in writing by the City.       .•.: ....
                                                            ';;':'~C".



Verification of Coverage                             ._-
                                                   n-
Contractor shall furnish the City with original cegt         nd~fu-~nclatoryirl'dorsements
effecting coverage required by this clause. Th«endorse ents shbtlldJLEfon forms provided
          .                                    ~···,'h'r·,'·
by the City or on other than the City's fOfrlls pr(j~ed th__ e endorsecments conform to the
City's requirements. All certificates andeDdorsem~J§"re to be received and approved by
the City before work commences. The CWreserves'C- right to require complete, certified
copies of all required insurance policies,inc@:jing en        ~nts affecting the coverage
required by these specifications at any time,._-~           y<
                                                  ----     .....

Subcontractors                   ..;':,.     -:_.    ",
Contractor shall include all sUbcooJractor§;T~~insured under its policies or shall furnish
separate certificates and endorsements for eacr subcontractor. All coverage for
subcontractors shal,· e SUbject to all Otthe requirements stated herein.
        EXHIBIT B

VERIFICATION OF INSURANCE

				
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posted:2/10/2012
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