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HomeMy WebLinkAboutAG RPTS 2009 1007 RDA REG' `( E8TABLIM FOI �r of vow Resolution No. 2009 -220 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 7, 2009 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Special Meeting of September 2, 2009. Staff • Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of September 2, 2009. Staff Recommendation: Approve the minutes. C. Consider Award of Bid and Project Approval for the Demolition of Former Caltrans Yard on Los Angeles Avenue (APN 506 -0- 050 -080) and Resolution Amending the Fiscal Year 2009/10 Budget. Staff Recommendation: 1) Approve the removal of former Caltrans Yard (APN 506 -0- 050 -080); 2) Award bid to Prime Demolition for $12,870, including a 10% project contingency and authorize execution of the agreement by the Executive Director, subject to final language approval by the Executive Director and Agency Counsel; and 3) Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED (Staff: David Moe) Redevelopment Agency Agenda October 7, 2009 Page 2 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: All writings and documents provided to the majority of the Agency regarding all open - session agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Redevelopment Agency meetings is also available on the City's website at www.ci.mooroark.ca.us. Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it Is a Public Hearing or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action/Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action/Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II). Redevelopment Agency Agenda October 7, 2009 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING 1, Maureen Benson, declare as follows: That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Redevelopment Agency of the City of Moorpark to be held Wednesday, October 7, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on October 2, 2009, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 2, 2009. Maureen Benson, Assistant City Clerk CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.A. of 0 -07- 00 ACTION: MINMS OF THE SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK BY: Moorpark, California September 2, 2009 A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on September 2, 2009 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Parvin called the meeting to order at 6:58 p.m. 2. ROLL CALL: Agency /City Council: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. CLOSED SESSION: Mr. Kueny requested the Agency go into closed session for discussion of one case under Item 5.A. on the agenda. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation consist of written communication threatening litigation received from Robert Moore representing the Granary Square, Inc. property owners and dated July 31, 2009. MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to go into closed session for discussion of one case under Item 5.A. on the agenda. The motion carried by unanimous voice vote. 1 Minutes of the Redevelopment Agency Moorpark, California Page 2 September 2, 2009 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Present in closed session were Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin; Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. The Agency reconvened into open session at 7:12 p.m. Mr. Kueny stated one case under Item 5.A was discussed and there was no action to report. 6. ADJOURNMENT: Chair Parvin adjourned the Redevelopment Agency meeting at 7:12 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson Assistant Agency Secretary 2 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.13. Of 10- o7 -acb!2 ACTION: QW44tu A�' REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 13�F Mnnr ark, `.alifnrnia September 2, 2009 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on September 2, 2009, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. CALL TO ORDER: Chair Parvin called the meeting to order at 7:48 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; Deborah Traffenstedt, Agency Secretary; and Assistant Agency Secretary, Maureen Benson. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Agency to pull Item 6.D. from the Consent Calendar for individual consideration upon the request of Agency Member Mikos. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Aggroving Disposition and Development Agreement (DDA) between the Redevelopment Agency of the City of Moorpark and the Area Housing Authority of Ventura County (AHA). Staff Recommendation: Adopt Resolution No. 2009 -218, approving the DDA between the Agency and AHA, subject to final language approval of the Executive Director and Agency Counsel. Mr. Moe gave the staff report and stated typographical errors in the Disposition and Development Agreement have been corrected. There were no speakers. 3 Minutes of the Redevelopment Agency Moorpark, California Page 2 September 2. 2009 MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to adopt Resolution No. 2009 -218, approving the Disposition Development Agreement between the Agency and the Area Housing Authority of Ventura County, subject to final language approval of the Executive Director and Agency Counsel. The motion carried by unanimous roll call vote. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Van Dam moved and Agency Member Pollock seconded a motion to approve the Consent Calendar with the exception of Item 6.D, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Minutes of Special Meeting July 15, 2009. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting July 15, 2009. Staff Recommendation: Approve the minutes. C. Consider Particioation in Legal Action Challenging State Awroariation of Redevelopment Funds. Staff Recommendation: Authorize the Redevelopment Agency to participate in the California Redevelopment Association's lawsuit against the State of California to challenge the unlawful taking of redevelopment funds. The following item was pulled for individual consideration. D. Consider Resolution Authorizing the Acquisition of 1_083 Walnut Canyon Road Accepting the Grant Deed for Recordation, and Amending the Fiscal Year 2009/10 Budget to Fund the Purchase. Staff Recommendation: 1) Adopt Resolution No. 2009 -219; 2) Authorize the Executive Director to execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED In response to Agency Member Mikos, Mr. Moe confirmed that 1083 Walnut Canyon Road sits between two properties already owned by the Redevelopment Agency and if this acquisition is approved the sites will be scheduled for a housing development. MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a motion to: 1) Adopt Resolution No. 2009 -219 authorizing the acquisition of 1083 Walnut Canyon Road, accepting the Grant Deed for recordation, and amending the FY 2009/10 Budget; 2) Authorize the Executive Director to execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. The motion carried by unanimous roll call vote. Il eu Minutes of the Redevelopment Agency Moorpark, California Page 3 September 2, 2009 7. CLOSED SESSION: None was held. 8. ADJOURNMENT: Chair Parvin adjourned the meeting at 7:48 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson Assistant Agency Secretary 9 Cl" ©P MOORPARK, CALIFORNIA O*t%VA*~tA"MyMeeting ITEM 5.C. of -Q ACTI6* BY: MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager BY: Jessica Sandifer, Management Analys DATE: September 23, 2009 (Agency Meeting��of T_ 1'0//7/09) SUBJECT: Consider Award of Bid and Project Approval for the Demolition of Former Caltrans Yard on Los Angeles Avenue (APN 506- 0 -050- 080) and Resolution Amending the Fiscal Year 2009/10 Budget BACKGROUND & DISCUSSION The Agency acquired the former Caltrans yard located on Los Angeles Avenue for use in a future redevelopment project. The structures on the site have not been used in quite some time and are in a state of disrepair. Staff feels that it is appropriate to demolish the buildings to remove the attractive nuisance they provide. A notice inviting bids for the demolition of these structures was published on August 7, 2009 and August 12, 2009. A mandatory job walk was held on August 13, 2009 and was attended by 6 contractors. Seven bids were received by the due date of August 20, 2009. The results are: Adobe Company $19,985.00 All Contractors, Inc. $26,100.00 California Land Clearing, Inc. $24,745.00 Loyal Development $95,000.00 Prime Demolition, Inc. $11,700.00 Specialized Environmental, Inc. $24,190.00 V.A.C. Environmental $27,613.00 After checking references and reviewing the bid documents, Prime Demolition, Inc. is considered the responsible low bidder. They possess the necessary qualifications, resources, and experience to perform the work. During the pre -bid job walk, staff discovered barn owls nesting in one of the garage buildings. Since barn owls are a protected raptor, staff contacted BonTerra Consulting Honorable Agency Board October 7, 2009 Page 2 to find out what our responsibilities are. Bon Terra stated that when barn owls are known to nest in a building scheduled for demolition, it is required to ensure that the nests are completely empty, with no eggs or chicks in the nest, before proceeding with the demolition. Barn Owl mating season ended in the beginning of September and staff has been out to the site to check the nests in the building. All barn owl nests were empty at time of staff inspection. One more check will be performed before the Notice to Proceed is issued and demolition commences. ENVIRONMENTAL DOCUMENTATION As this project involves the demolition of one office building and its accessory structures, and there is no reasonable possibility that it would result in a significant effect on the environment, either individually or cumulatively in consideration of other reasonably foreseeable projects, it is the Planning Director's determination that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(3) & (4) of the CEQA Guidelines. If this project is approved, Staff will file a Notice of Exemption with the County Clerk. FISCAL IMPACT A budget amendment in the amount of $12,870.00 from the MRA 2001 Bond Fund (2904) is being requested for the Caltrans Yard demolition. This amendment includes a 10% project contingency. STAFF RECOMMENDATION (ROLL CALL VOTE) 1) Approve the removal of Former Caltrans Yard (APN 506 -0- 050 -080); and 2) Award bid to Prime Demolition for $12,870, including a 10% project contingency and authorize execution of the Agreement by the Executive Director, subject to final language approval by the Executive Director and Agency Counsel; and 3) Approve Resolution No. 2009 - Attachment 1 — Agreement Attachment 2 — Resolution No. 2009- rl ATTACHMENT 1 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND PRIME DEMOLITION, INC. FOR DEMOLITION SERVICES THIS AGREEMENT is made and entered into in the City of Moorpark on this day Of , 2009, by and between the REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "Agency," and PRIME DEMOLITION, INC. hereinafter referred to as "Contractor ". RECITALS: WHEREAS, on August, 20, 2009, Agency invited bids for the demolition of the Former Caltrans Yard on Los Angeles Avenue; and WHEREAS, pursuant to said invitation, Contractor submitted a Proposal which was accepted by Agency for said project; and NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement. 2. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, and shall be completed upon final acceptance of the demolition project by the Agency and recordation of the Notice of Completion. 3. Incorporation by Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions, plans, drawings, and specifications, required bonds and forms, and all applicable regulations are hereby incorporated in and made a part of this Agreement. 4. Precedence of Contract Documents. If there is a conflict between the Agreement documents then the document highest in precedence shall control. The precedence shall be as provided in Section 2 -5.2 of the Greenbook. 5. Agency's Obligations. For furnishing all labor, material and equipment as specified in this Agreement, and for performing all work as specified in this Agreement, Agency will pay and Contractor shall receive therefore compensation in a total lump sum of TWELVE THOUSAND EIGHT HUNDRED AND SEVENTY dollars ($12,870.00). Payments to the Contractor shall be made pursuant to the following payment provisions and as incorporated herein. Payments to the Contractor shall be made within thirty (30) days after submittal of an approved payment request from the Contractor, proof of compliance with this X Agreement, and Agency's acceptance of the work specified, and submittal of required releases, payroll reports and other documents required by the payment schedule based on work progress. All payments shall be subject to applicable retention requirements. 6. Obligations of the Contractor. Contractor shall perform as required by this Agreement. Contractor also warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Audit. Agency shall have the option of inspecting and /or auditing all records and other written materials used by Contractor in preparing its billings to Agency as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by Agency. 8. Indemnification. The Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency and its Project Consultants, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, suits, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of Agency, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of; in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents, employees, or Subcontractors to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence 9 referred to in Sub - sections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of Agency. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding loss, stop notice, cost, suit, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of Agency under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Agency for liability attributable to the active negligence of Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Agency is shown to have been actively negligent and where Agency's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Agency. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of Agency to monitor compliance with these requirements imposes no additional obligations on Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Agency as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Agency may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Agency may release such funds if the Contractor provides Agency with reasonable assurance of protection of the Indemnitees' interests. Agency shall, in its sole discretion, determine whether such assurances are reasonable. The aforesaid Indemnification and Hold Harmless Agreement shall apply regardless of whether the insurance policies specified in this Agreement shall have been determined to be applicable to the claim, liability, loss, damage, cost, suit, or expense. 9. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon written approval by Agency. LUI 10. Anti - Discrimination. In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit subcontractors to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 11. Apprenticeshii). Contractor must comply with all provisions of Labor Code Section 1777.5. 12. Termination. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. In the event of termination without cause, the City shall pay to Contractor the actual value of the work performed up to the time of the termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5, above. If, during the term of this Agreement, Agency determines that Contractor is not faithfully abiding by any term or condition contained herein, including the Contractor's refusal or failure to prosecute the work on any separate part thereof with such diligence as will ensure it's completion within the time specified or any extension thereof, Agency may notify Contractor in writing of such defect or failure to perform. The notice must give to the Contractor a five (5) calendar day period of time thereafter in which to perform said work or cure the deficiency. This includes, without limitation, increasing the work force and speeding delivery of materials. If Contractor has not performed the work or cured said deficiency within the five (5) days specified in the notice, such failure shall constitute a breach of this Agreement, and Agency may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received Agency's Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. Agency reserves the right to delay any such payment, if any, until completion or confirmed abandonment of the project, as may be determined in the Agency's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid without prior written approval of the Agency. 11 13. Insurance. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. 14. Complete Agreement. This Agreement shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 15. Independent Contractor. It is expressly understood between the parties to this Agreement that no employee /employer relationship is intended; Contractor is an independent contractor. 16. Time of Performance and Liquidated Damages. Time is of the essence in this Agreement. The demolition project shall be completed no later than fourteen (14) calendar days commencing from the dates shown in the Notice to Proceed to the Contractor. Failure of the Contractor to complete the work within the time allowed will result in assessment of liquidated damages as provided by Section 6 -9 of the Greenbook. 17. Conflict of Interest. Neither Contractor nor any employees, officers agents or subcontractors of Contractor who will be assigned to this project, to the best of Contractor's knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this Agreement. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, Agency may terminate the Agreement immediately for non - performance pursuant to Section 12 herein. 18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19. Notices. All written notices required by, or related to this Agreement shall be sent by United States mail, postage prepaid by registered or certified mail addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement 12 is as follows: AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Agency Contact: Executive Director CONTRACTOR: Prime Demolition, Inc. 2550 Lemon Avenue Signal Hill, CA 90755 Contractor Contact:Charlie Quezada, President 20. Governing Law. The Agency and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. 21. Authority to Execute Contract. Both Agency and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Contracts for such party. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "A ": Exhibit "B ": CONTRACTOR: Prime Demolition, Inc. Charlie Quezada President Insurance Requirements Bid Documents 13 Exhibit "A" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Agency in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to Agency. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: • Explosion, collapse or underground hazard (XCU) • Products and completed operations • Pollution liability • Contractual liability Coverage shall be applicable to Agency for injury to employees of Contractor's, subcontractors or others involved in the project Policy shall be endorsed to provide a separate limit applicable in this project. 2. Worker's Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. Contractor shall procure and maintain during the life of the contract, worker's compensation insurance or a valid certificate of consent to self- insure for all its employees engaged in or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide worker's compensation insurance for all the latter's employees unless such employees are covered by protection afforded by worker's compensation insurance carried by the Contractor. 14 By submitting a bid pursuant to these specifications, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation. In the event the Worker's Compensation Insurance submitted by the contractor becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the Contractor to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written noticed by certified mail to the Agency prior to cancellation or modification. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to Agency for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of Agency following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. Contractor and Agency agree as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds Agency, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of Agency to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. Agency, having required that it be named as an additional 15 insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against Agency regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to Agency, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and Agency that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of Agency or to the supervisory role, if any, of Agency. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to Agency is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving Agency in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the Agency, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect Agency's protection without Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of Agency, shall be delivered to Agency at or prior to the execution of this Contract. In the event such proof of-any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, Agency has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at Agency option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to Agency and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated 16 by this agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to Agency. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to Agency. If Contractor's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the Agency. At that time the Agency shall review options with the Contractor, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 13. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency will negotiate additional compensation proportional to the increased benefit to Agency. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of Agency to inform Contractor of non - compliance with any insurance requirement in no way imposes any additional obligations on Agency nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as Agency, or its 17 employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until Agency executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the Agency, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by Agency. 21. Contractor agrees to be responsible for ensuring that no contract used by any parry involved in any way with the project reserves the right to charge Agency or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Agency. It is not the intent of Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Agency for payment of premiums or other amounts with respect thereto. EXHIBIT B REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Project Manual and Specifications Demolition of Structures and Site Clearing at Former CalTrans Yard, Los Angeles Avenue Moorpark, California Bid Due Date and time: Thursday, August 20, 2009 at 4:30 p.m. Specification No. RDA-09 -002 19 TABLE OF CONTENTS BIDDING, AGREEMENT FORMS AND BONDS: Notice Inviting Bids * *Bid Forms: Bid Proposal Non - collusion Affidavit Bid Bond Compliance with Environmental, Health & Safety Standards Workers' Compensation Insurance Certificate Bidder's Statement of Subcontractors Agreement and Bonds Contract Performance and Payment Bonds Material Suppliers and Laborers CONDITIONS OF THE CONTRACT: General Conditions TECHNICAL SPECIFICATIONS ** FORMS TO BE SUBMITTED WITH BID. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 2 of 59 20 Instruction to Bidders THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF FORMER CALTRANS YARD, LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, BETWEEN PARK LANE AND LETA YANCY ROAD IN MOORPARK. There will be a mandatory pre -bid conference and site walk held on Thursday, August 13, 2009 at 10:00 a.m. at the project site. Potential bidders are required to attend this meeting and encouraged to send a representative and a back -up representative that will be assigned to manage the job in the event that one becomes unavailable. Failure to attend the mandatory pre -bid meeting will result in a bidder's proposal being rejected as non - responsive. BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid package. All blanks in the Bid Form must be filled in and all prices must be stated in both words and figures. No crossouts or whiteouts will be accepted on the bid form. It is the sole responsibility of the bidder to see that the bid is delivered to the proper place and received at the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid forms must be sealed and delivered before 4:30 p.m. on August 20, 2009, to the following address (postmarks will not be accepted): City Clerk's Office City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 NOTE: Please mark the outside of the envelope: Sealed Bid for Demolition Project — Former CalTrans Yard Moorpark, CA 93021 DO NOT OPEN WITH REGULAR MAIL Bidders shall submit one complete set of the Bid Forms and all required attachments. No proposal received after the time specified or at any place other than the place stated above will be considered. All bids will be opened and declared publicly. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Bidders or their representatives are invited to be present at the opening of the bids. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested. An individual or business entity which has submitted a sub - proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 3 of 59 21 Instructions to Bidders (continued) thereby disqualified from submitting a sub - proposal or from quoting prices to other bidders submitting proposals. A bidder may withdraw the proposal, without prejudice prior to the time specified for the bid opening, by submitting a written request to the Agency for its withdrawal, in which event the proposal will be returned to the bidder unopened. Changes in or additions to the Bid Form, recapitulations of the work bid upon, alternative proposals, or any other modification or deviation of the Bid Form which is not specifically called for in the Contract Documents may result in the Agency's rejection of the bid as being non- responsive. Non - substantial deviations may be permitted provided that the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determination of any proposed deviation will be made solely by the Agency. BID FORMS: The bid must be accompanied by certified check, cashier's check, or bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance and will prepare the required submittal documents and execute the contract. The Bid Bonds for those bids that were not selected will be returned to the Bidders upon award of the contract by the Agency Board. The bidder to whom award is made shall execute a written contract and submit required bond and insurance documents within twenty -one (21) calendar days of the award of bid. The contract shall be made in the form adopted by the Agency and incorporated in these specifications. The bidder warrants that he /she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, Agency, and Special District laws, ordinances, and regulations. If the bidder to whom the award is made fails to enter into the contract within the specified time frame, the award will be annulled; any bid security will be forfeited; and an award may be made to the next lowest responsible bidder who shall fulfill every term and condition of the bid as if he /she were party to whom the first award was made. BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the plans or specifications or have any questions concerning the bidding documents or proposal forms contact the Agency's Project Representative: Jessica Sandifer, Management Analyst City of Moorpark 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6225 Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 4 of 59 22 Instructions to Bidders (continued) Please do not call other staff members or consultants. If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he /she may submit, to the above Project Representative, a written request for an interpretation or a correction thereof. Interpretations or corrections shall be made only by addendum duly issued by the Agency. A copy of such addendum will be mailed, faxed, or delivered to each person receiving a set of the Contract Documents and such addendum shall be considered a part of, and incorporated in, the Contract Documents. Questions must be received in sufficient time for the Agency to evaluate the question(s) and respond at least 72 hours prior to the bid deadline. If the Agency cannot answer the question in the 72 hour time period, the bid deadline will be extended in order to allow for sufficient time for other potential bidders to respond to the change in the bid. All timely requests for information (regarding the bid) submitted in writing will receive a written response from the Agency. Telephone communications with Agency Staff will not be permitted. Any oral communication shall not be binding on the Agency. BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as lump sum prices and must be entered in figures in the spaces provided on the Bid Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission Form(s) must be totally completed. Unit prices, if applicable, should be added as Appendix A and are to be used only for changes to the contract. EVALUATION OF BIDS AND AWARD: The Agency reserves the right to retain all bids for a period of 90 calendar days for examination and comparison, and to delete or add any alternates to /from the contract. Bidders shall guarantee the bid prices for said 90 day period to facilitate Agency evaluation of the bids. Each bidder shall meet all of the specifications and bid terms and conditions. By virtue of the bid submission and acceptance of the bid award, the bidder acknowledges full understanding of, and agreement with, and acceptance of all provisions of the plans, specifications and contract documents. The Agency reserves the right to waive non - substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations given by the Agency, and to make award to the lowest responsible bidder as the interest of the Agency may require. In addition to the information required by the bid documents, the Agency may request evidence from a bidder, whose bid is under consideration for award, reasonable evidence showing that bidder's financial resources, construction experience, and organization and plant facilities are sufficient for performance of the contract. In the even of a tie bid, Public Contract Code section 20166 states, in part, "...If two or more bids are the same and the lowest, the legislative body may accept the one it chooses... ". In order to provide a fair and equitable solution to the issue of a tie bid, the Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 5 of 59 23 Agency has outlined the following procedure: The tie breaker is a coin toss. The two low bidders will meet at the City. Each company will be assigned either head or tails and a coin will be flipped. The company will be awarded the bid based on the result of the coin toss. These tie breaker rules are final and cannot be appealed. By submitting a bid pursuant to this bid request, the contractor is agreeing to this tie break procedure. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 6 of 59 24 BID PROPOSAL TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MOORPARK, CALIFORNIA Demolition of Structures and Appurtenances at Former CalTrans Yard, Moorpark, California Name Street Address City Bids to Be Received — Thursday, August 20, 2009 by 4:30 p.m. CONTRACTOR State Zip Code Telephone Number Contractor's License No Class , Expiration Date The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of Bidder Title BID SCHEDULE: It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. 1. Former CalTrans Yard Lump Sum Base Bid ($ Number of calendar days for completion: dollars and Cents DO NOT CROSS OR WHITE OUT NUMBERS ON THE BID PROPOSAL FORM. THIS WILL RESULT IN DISQUALIFICATION OF YOUR BID. Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Bid Package Page 7 of 59 25 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the Redevelopment Agency of the City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled: Demolition of structures and appurtenances at Former CalTrans yard, Los Angeles Avenue, Moorpark, CA. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders. This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter into a Contract within the time and in the manner as is required in the Notice Inviting Bids and will furnish the insurance certificates and Bonds as required by the Contract Documents. Bidder has examined copies of all the Contract Documents following Bid Addenda (receipt of which is hereby acknowledged): Bid Addenda Number: Date: Bid Addenda Number: Date: through and inclusive of the Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: M- (Signature — Authorized Representative) Title: Dated: Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Bid Package Page 8 of 59 W NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF ) SS. CITY OF being first duly sworn, deposes and says that he /she is of the party making the foregoing bid; that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Name of Bidder Signature of Bidder Signature of Bidder Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 9 of 59 27 (in lieu of certified or cashier's check) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be paid to said Agency if the Proposal shall be accepted and the Principal shall fail to execute the contract tendered by the Agency within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is herby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this day of Contractor By Title By Title Surety By .20 Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 10 of 59 FORM TO ACCOMPANY BID BOND TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF } SS. CITY OF ) On this day of , 20_ before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared known to be the of and the same person whose name is subscribed to the within instrument as the said and the said acknowledge to me that he /she subscribed the name of thereto as surety and his /her own as of duly IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid If certified or cashier's check is submitted herewith, state number and amount $ Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 11 of 59 29 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License (B or C -21) at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name (The number of years must match the years that the contractor's license has been valid): and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the work included within the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Reference No. 2 Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Reference No. 3 Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Phone No. Year: Phone No. Year: Phone No. Year: Bid Package Page 12 of 59 30 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF I am the Of , the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on (date) at (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signature of Bidder Title Signature of Bidder Title Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard California. Bid Package Page 13 of 59 31 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti - smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time Agency issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, Agency may give notice of default to Contractor, and at the Agency's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title Date Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 14 of 59 32 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Title: Date: Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 15 of 59 33 BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractor's who will perform more than 112% the value of the total lump sum bid amount. (NOTE. If Contractor does not have a valid DOSH registration number, then a qualified subcontractor must be selected to provide required asbestos abatement work and must be listed here. Failure to do so will result in bid rejection). PLEASE PRINT LEGIBLY Name Under Which Percent Subcontractor is License Type of work to Licensed No.& Class Business Address Work be done' Signature(s) of Bidder Date ' Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Total Percentage 2 Bid Package Page 16 of 59 34 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND FOR DEMOLITION SERVICES THIS AGREEMENT is made and entered into in the City of Moorpark on this day of , 2009, by and between the REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "Agency," and hereinafter referred to as "Contractor'. RECITALS: WHEREAS, on August, 20, 2009, Agency invited bids for the demolition of the Former CalTrans Yard on Los Angeles Avenue; and WHEREAS, pursuant to said invitation, Contractor submitted a Proposal which was accepted by Agency for said project; and NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement. 2. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, and shall be completed upon final acceptance of the demolition project by the Agency and recordation of the Notice of Completion. 3. Incorporation by Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions, plans, drawings, and specifications, required bonds and forms, and all applicable regulations are hereby incorporated in and made a part of this Agreement. 4. Precedence of Contract Documents. If there is a conflict between the Agreement documents then the document highest in precedence shall control. The precedence shall be as provided in Section 2 -5.2 of the Greenbook. 5. Agency's Obligations. For furnishing all labor, material and equipment as specified in this Agreement, and for performing all work as specified in this Agreement, Agency will pay and Contractor shall receive therefore compensation in a total lump sum of dollars ($ . Payments to the Contractor shall be made pursuant to the following payment provisions and as incorporated herein. Payments to the Contractor shall be made within thirty (30) days after submittal of an approved payment request from the Contractor, proof of compliance with this Agreement, and Agency's acceptance of the work specified, and submittal of required Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 17 of 59 35 releases, payroll reports and other documents required by the payment schedule based on work progress. All payments shall be subject to applicable retention requirements. 6. Obligations of the Contractor. Contractor shall perform as required by this Agreement. Contractor also warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Audit. Agency shall have the option of inspecting and /or auditing all records and other written materials used by Contractor in preparing its billings to Agency as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by Agency. 8. Indemnification. The Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency and its Project Consultants, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, suits, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of Agency, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of; in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents, employees, or Subcontractors to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - sections (1), (2), (3), and (4), existing or conducted upon or Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 18 of 59 36 arising from the use or occupation by Contractor on any other premises in the care, custody and control of Agency. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding loss, stop notice, cost, suit, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of Agency under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Agency for liability attributable to the active negligence of Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Agency is shown to have been actively negligent and where Agency's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Agency. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of Agency to monitor compliance with these requirements imposes no additional obligations on Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Agency as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Agency may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Agency may release such funds if the Contractor provides Agency with reasonable assurance of protection of the Indemnitees' interests. Agency shall, in its sole discretion, determine whether such assurances are reasonable. The aforesaid Indemnification and Hold Harmless Agreement shall apply regardless of whether the insurance policies specified in this Agreement shall have been determined to be applicable to the claim, liability, loss, damage, cost, suit, or expense. 9. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon written approval by Agency. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 19 of 59 37 10. Anti - Discrimination. In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit subcontractors to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 11. Apprenticeship. Contractor must comply with all provisions of Labor Code Section 1777.5. 12. Termination. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. In the event of termination without cause, the City shall pay to Contractor the actual value of the work performed up to the time of the termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5, above. If, during the term of this Agreement, Agency determines that Contractor is not faithfully abiding by any term or condition contained herein, including the Contractor's refusal or failure to prosecute the work on any separate part thereof with such diligence as will ensure it's completion within the time specified or any extension thereof, Agency may notify Contractor in writing of such defect or failure to perform. The notice must give to the Contractor a five (5) calendar day period of time thereafter in which to perform said work or cure the deficiency. This includes, without limitation, increasing the work force and speeding delivery of materials. If Contractor has not performed the work or cured said deficiency within the five (5) days specified in the notice, such failure shall constitute a breach of this Agreement, and Agency may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received Agency's Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. Agency reserves the right to delay any such payment, if any, until completion or confirmed abandonment of the project, as may be determined in the Agency's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid without prior written approval of the Agency. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 20 of 59 W H1.1 13. Insurance. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. 14. This Agreement shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 15. It is expressly understood between the parties to this Agreement that no employee /employer relationship is intended; Contractor is an independent contractor. 16. Time of Performance and Liquidated Damages. Time is of the essence in this Agreement. The demolition project shall be completed no later than calendar days commencing from the dates shown in the Notice to Proceed to the Contractor. Failure of the Contractor to complete the work within the time allowed will result in assessment of liquidated damages as provided by Section 6 -9 of the Greenbook. 17. Conflict of Interest. Neither Contractor nor any employees, officers agents or subcontractors of Contractor who will be assigned to this project, to the best of Contractor's knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this Agreement. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, Agency may terminate the Agreement immediately for non - performance pursuant to Section 12 herein. 18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19. Notices. All written notices required by, or related to this Agreement shall be sent by United States mail, postage prepaid by registered or certified mail addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows: Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 21 of 59 39 AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Agency Contact: Executive Director CONTRACTOR: Contractor Contact: 20. Governing Law. The Agency and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. 21. Authority to Execute Contract. Both Agency and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Contracts for such party. REDEVELOPMENT AGENCY OF CONTRACTOR: THE CITY OF MOORPARK Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "A ": Exhibit "B ": Insurance Requirements Bid Documents Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Bid Package Page 22 of 59 M Exhibit "A" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Agency in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to Agency. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: • Explosion, collapse or underground hazard (XCU) • Products and completed operations • Pollution liability • Contractual liability Coverage shall be applicable to Agency for injury to employees of Contractor's, subcontractors or others involved in the project Policy shall be endorsed to provide a separate limit applicable in this project. 2. Worker's Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. Contractor shall procure and maintain during the life of the contract, worker's compensation insurance or a valid certificate of consent to self - insure for all its employees engaged in or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide worker's compensation insurance for all the latter's employees unless such employees are covered by protection afforded by worker's compensation insurance carried by the Contractor. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 23 of 59 41 By submitting a bid pursuant to these specifications, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation. In the event the Worker's Compensation Insurance submitted by the contractor becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the Contractor to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written noticed by certified mail to the Agency prior to cancellation or modification. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to Agency for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of Agency following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. Contractor and Agency agree as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds Agency, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of Agency to any party involved in this Agreement or related documents applies only to the extent of insurance Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 24 of 59 42 proceeds actually paid. Agency, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against Agency regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to Agency, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and Agency that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of Agency or to the supervisory role, if any, of Agency. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to Agency is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving Agency in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the Agency, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect Agency's protection without Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of Agency, shall be delivered to Agency at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, Agency has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at Agency option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to Agency and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 25 of 59 43 subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to Agency. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to Agency. If Contractor's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the Agency. At that time the Agency shall review options with the Contractor, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 13. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency will negotiate additional compensation proportional to the increased benefit to Agency. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of Agency to inform Contractor of non - compliance with any insurance requirement in no way imposes any additional obligations on Agency nor does it waive any rights hereunder in this or any other regard. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 26 of 59 W 1. 16. Contractor will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until Agency executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the Agency, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by Agency. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge Agency or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Agency. It is not the intent of Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Agency for payment of premiums or other amounts with respect thereto. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 27 of 59 45 BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we, and firmly bound unto the hereinafter referred the United States of Ar hereinafter referred to as "Contractor" as principal, hereinafter referred to as "Surety," are held and Redevelopment Agency of the City of Moorpark, California, to as "Agency ", or "Obligee" in the sum of Dollars ($ ), lawful money of nerica, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into a Contract with the Redevelopment Agency of the City of Moorpark, California, for demolition and site clearance at Former CalTrans Yard on Los Angeles Avenue and is required by said Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of Contractor Title Surety Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard 19. Bid Package Page 28 of 59 FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of ' 20 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared known to be the of person whose name is subscribed to the within instrument as the said and the said acknowledge to me that he /she subscribed the name of thereto as surety and his /her own as and the same of duly IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Notary Public in and for said County and State aforesaid Bid Package Page 29 of 59 47 BOND FOR MATERIAL SUPPLIERS AND LABORERS KNOW ALL PERSONS BY THESE PRESENTS: That we, referred to as "Contractor" as principal, hereinafter referred to as "Surety," REDEVELOPMENT AGENCY OF THE hereinafter and are held and firmly bound unto the CITY OF MOORPARK, CALIFORNIA, hereinafter referred to as "City" in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into a Contract for the demolition and site clearance at Former Cal Trans Yard on Los Angeles Avenue, and is required by Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors fails to pay for any subcontractors, materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California. This bond shall remain in full force and effect through the term of the Agreement and beyond as set forth herein. The Contractor may cause the Bond to be exonerated six (6) months after the date of recordation of the Notice of Completion by the City and only with the City's written permission. However, Bond shall not be exonerated if claims or stop notices remain outstanding. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 30 of 59 ;a BOND FOR MATERIAL SUPPLIERS AND LABORERS (continued) WITNESS our hands this day of , 19 Contractor Title M Title Surety Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 31 of 59 .Vej FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of 1 20 1 before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 32 of 59 50 GENERAL CONDITIONS The General Conditions may be supplemented or amended elsewhere in the Contract Documents and other sections of the Project Manual. All provisions which are not so amended or supplemented remain in full force and effect. Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), and all supplements thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards Inc., formerly the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America, and the following modifications thereto are established as the Standard Specifications for the City. They will be referred to in the General Conditions and contract documents as the "Greenbook ". These specifications will prevail as the basic Standard Specifications for this project except as otherwise specifically noted in the General Conditions when reference is made to the State Standard Specifications. Contractor agrees that if there is a conflict between the documents, or a conflict, repetition, or ambiguity within any of the documents, the Agency shall be the sole person to decide which document or provision shall govern, to the interest of the Agency. The Agency will make the final decisions based on the recommendations of the Agency's designated Project Representative. Jessica Sandifer, Management Analyst is the Agency's project representative assigned to this project and will act as directed by and under the supervision of the Redevelopment Manager. In the attached, "Agency," and "Owner" shall refer to the Redevelopment Agency of the City of Moorpark, Moorpark, California. ARTICLE 1 GENERAL CONDITIONS 1.1 BASIC DEFINITIONS 1.1.1 The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract shall not be construed to create a contractual relationship of any kind (1) between the Agency and a Subcontractor or supplier or (2) between any persons or entities other than the Agency and Contractor. 1.1.2 The term "work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 33 of 59 51 the Contractor's obligations. The work may constitute the whole or part of the project. 1.1.3 The "project" is the total construction of the work performed under the Contract Documents and may be the whole or a part which may include construction by other Contractors and by the Agency's own forces including persons or entities under separate contracts not administered by the Agency. 1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever located and whenever issued, showing the design, location and dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams. 1.1.5 The "specifications" are that portion of the Contract consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work, and performance of related services. 1.1.6 The Project Manual is the volume assembled for the work which includes without limitation, the bidding requirements and documents, the proposal, sample forms, the contract and conditions of the Contract. 1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by reference comprise the contract documents. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Agency and Contractor as provided in the Contract. 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract and agrees to all terms and conditions of the contract documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work by the Contractor. THE CONTRACT DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL BE BINDING AS IF REQUIRED BY ALL. 1.2.4 Organization of the specifications into divisions, sections and articles, and arrangements of drawings shall not control the Contractor in dividing the work among Subcontractors or in establishing the extent of work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract, words which have well -known technical or construction industry meanings are used in the Contract in accordance with such recognized meanings. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 34 of 59 52 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined and (2) the titles of numbered articles and identified references to Paragraphs, Sub - paragraphs and Clauses in this document. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract frequently omits modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Agency is the person or entity identified as such in the Contract and is referred to throughout the Contract as if singular in number. The terms "Agency" and "Owner" mean the Redevelopment Agency of the City of Moorpark, and it is the owner. 2.1.2 The Agency upon reasonable written request shall furnish to the Contractor, in writing, information which is necessary and relevant for the Contractor to evaluate, give notice or enforce claim rights. 2.2 INFORMATION AND SERVICES REQUIRED BY THE AGENCY 2.2.1 Information or services under the Agency's control shall be furnished by the Agency with reasonable promptness to avoid delay in orderly progress of the work. 2.2.2 As necessary, the Agency shall forward all communications to the Contractor through the fax and /or first class mail, personal delivery, or overnight delivery service. 2.3 AGENCY'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct work which is not in accordance with the requirements of the Contract, in the required time frames, or persistently fails to carry out work in accordance with the Contract, the Agency, by written order signed personally or by an agent specifically so empowered by the Agency in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Agency to stop the work shall not give rise to a duty on the part of the Agency to exercise this right for the benefit of the Contractor or any other person or- entity. These remedies are supplemental to remedies found elsewhere in the Contract. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 35 of 59 53 2.4 AGENCY'S RIGHT TO CARRY OUT THE WORK 2.4.1 Notwithstanding other remedies available to the Agency, if the Contractor defaults or neglects to carry out the work in accordance with the Contract and fails within a ten calendar day period after receipt of written notice from the Agency to commence and correct such default or neglect with diligence and promptness, the Agency, at its sole option and without obligation, may, with their own or outside forces, correct such deficiencies. In such case an appropriate deduction shall be made by the Agency from payments then, or thereafter, due to the Contractor for the cost of correcting such deficiencies, including compensation for the Agency's additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Agency. This remedy is cumulative. The Agency may terminate pursuant to section 12 of the contract. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Contract and is referred to throughout this Contract as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under conditions of the Contract that are administered by the Agency, and that are identical or substantially similar to these conditions. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 In addition to other investigations required by the contract documents, the Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Agency Staff at once. 3.2.2 The Contractor shall perform the work in accordance with the Contract. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and all safety Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 36 of 59 54 requirements for coordinating all portions of work under this Contract, subject to overall coordination of the Construction, and subject to overall coordination by Agency Staff as provided in Subparagraphs 4.2.3. 3.3.2 The Contractor shall be responsible to the Agency for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the work in accordance with the Contract either by activities or duties of Agency Staff in the administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the project related to the Contractor's work in order to determine that such portions are in proper condition to receive subsequent work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. 3.5 TAXES 3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6 PERMITS, FEES AND NOTICES 3.6.1 The Contractor shall secure and pay for all necessary permits required for the proper execution and completion of the work in this contract, including a City of Moorpark Business Registration Permit, which can be obtained from the Community Development Department. 3.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the work. 3.6.3 If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations, the Contractor shall assume full responsibility for such work and shall bear the attributable costs to remove, correct Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 37 of 59 55 and /or otherwise comply with the law. 3.7 ALLOWANCES Not used. 3.8 CONTRACTOR'S SUPERVISION /SUPERINTENDENT 3.8.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in full time attendance at the project site during performance of the work. They shall have extensive experience in projects similar to this one. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Contractor shall give efficient supervision to work, using his /her best skill and attention. He /she shall carefully study and compare all drawings, specifications and other instructions and shall at once report to Agency Staff any error, inconsistency or omission which he /she may discover. 3.9 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.9.1 The Contractor, promptly after being awarded the Contract, shall submit Contractor's construction schedule for the work. Such schedule shall not exceed time limits current under the Contract, shall be revised at appropriate intervals as required by the contract documents, conditions of the work and progress. The construction schedule shall provide for expeditious and practicable execution of the work and shall show procurement and submittals. See specifications for further requirements regarding construction schedule. 3.9.2 The Contractor shall cooperate with the Agency in scheduling and performing the Contractor's work to avoid conflict, delay in, or interference with the work of other Contractors or the construction or operations of the Agency's own forces. 3.9.3 The Contractor shall prepare and keep current, for Agency staff approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows for a reasonable time for review. Contractor shall also keep current a Request for Information (RFI) schedule and reply record. 3.10 USE OF SITE 3.10.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, and permits and shall not unreasonably encumber the site with materials or equipment. 3.10.2 The Contractor shall coordinate their operations with, and secure the approval of, the Agency before using any portion of the site. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 38 of 59 56 3.11 ACCESS TO WORK 3.11.1 The Contractor shall provide the Agency access to the work in preparation and progress wherever located. 3.12 ROYALTIES AND PATENTS 3.12.1 The Contractor shall pay all royalties and license fees, fees for use of patent rights and shall hold the Agency harmless from the loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer is required by the Contract. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 AGENCY'S REPRESENTATIVES 4.1.1 One or more Representatives employed by the Agency may be assigned to the work. His /her duties shall be defined by the Agency. 4.1.2 The designated Agency Project Representative or entity is identified as such in the Contract and is referred to throughout the Contract as if singular in number. The designated staff person will act as directed by and under the supervision of the Redevelopment Manager, and will confer with the Redevelopment Manager and Agency regarding its actions. 4.1.3 The Agency's Project Representative shall have full access to all operations involving work under this Contract and shall be provided reasonable advance notice of the time and place of operations which he /she desires to observe. 4.1.4 The Contractor shall furnish Agency reasonable facilities for obtaining such information as may be necessary to keep them fully informed respecting progress and manner of work and character of materials. Observation of work shall not relieve the Contractor from any obligation to fulfill this Contract. The Executive Director shall have authority to stop work whenever provisions of the Contract are not being complied with and the Contractor shall instruct his /her employees accordingly. 4.1.5 Duties, responsibilities and limitations of authority of Agency's Representative as set forth in the Contract shall not be restricted, modified or extended without written consent of the Agency and Contractor. Consent shall not be unreasonably withheld. 4.1.6 In case of termination of employment of the designated staff person, the Agency shall appoint a staff person whose status under the Contract shall be that of the former staff or higher, respectively. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 39 of 59 57 4.2 ADMINISTRATION OF THE CONTRACT 4.2.1 The Agency's project representative will provide administration of the Contract as described in the Contract under the direction of the Redevelopment Manager, and will advise the Agency during construction, until all contractual obligations are completed and contract performed or terminated. The Representative will advise and consult with the Agency and will have authority as stated in the Contract, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Agency's Project Representative will determine that the work is being performed in accordance with the requirements of the Contract, will keep the Redevelopment Manager informed of the progress of the work, and will endeavor to guard the Agency against defects, deficiencies in the work and slow progress. 4.2.3 The Agency's Project Representative will provide for coordination of the activities of other Contractors and of the Agency's own forces with the work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Agency in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and as required by the contract documents. The construction schedules, until subsequently revised, shall constitute the schedules to be used by the Contractor, other Contractors, and Agency. 4.2.4 The Agency's Project Representative will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the work in accordance with the Contract. The Agency will not have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 4.2.5 The Contractor shall communicate directly with the Agency. Communications by and with Subcontractor's and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Agency's Project Representative. 4.2.6 The Project Representative will review and certify the applications for payment by the Contractor. Agency staff will assemble the Contractor's application for payment into a project application and request for payment. 4.2.7 Based on the Agency's observations and evaluations of Contractor's applications for payment, the application will be processed. Final approval for payment rests with the Executive Director. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 40 of 59 RM 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, and extension of time or other relief with respect to the terms of the Contract. The term "claim" also includes other disputes and matters in question, between the Agency and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate claims shall rest with the party making the claim. An unresolved claim is an unresolved dispute. 4.3.2 Time Limits on Claims. Claims by either party must be made within 14 calendar days after occurrence of the event giving rise to such claim or within 14 days after the claimant first recognizes the condition giving rise to the claim, whichever is later. Claims must be made by written notice. An additional claim made after the initial claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.3 Continuing Contract Performance. Pending final resolution of a claim, answer on change order request, or unresolved dispute, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the work and contractual obligations and the Agency shall continue to make agreed upon payments in accordance with the Contract. (Also see 4.3.5) 4.3.4 Claims for Additional Cost. If the Contractor wishes to make a claim for an increase in the contract lump sum, written notice as provided herein shall be given before proceeding to execute the work as required. Prior notice is not required for claims relating to an emergency endangering life or property arising under Paragraph 9.3. If the Contractor believes additional cost is involved for reasons including but not limited to, (1) an order by the Agency to stop the work where the Contractor was not at fault, (2) a written order for a minor change in the work issued by the Representative, (3) failure of payment by the Agency, (4) termination of the Contract by the Agency, (5) or Agency's suspension of work, claims shall be filed in accordance with the procedure established herein. 4.3.5 Claims for Additional Time. 4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the Contract, written notice to the Agency, shall be given by the Contractor. The Contractor's claim shall include an estimate of probable effect of delay on progress of the work. In the case of a continuing delay only one claim is necessary. 4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented in writing substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Payment Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 41 of 59 59 for general condition items, overhead, and profit shall not be made for additional time granted for adverse weather conditions, vandalism, casualty loss and /or material availability. Contractor expressly waives any rights to such claims. Contractor must have provided required erosion control and access protection as a requirement to making claims for extension of time because of adverse weather conditions. 4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be granted unless contractor specifically requested (in writing) permission to work and was granted such permission by the Agency. If rain is predicted when the request to work is received by the Agency, the request to work will be rejected, unless the work is inside and protected access is in place. 4.3.5.4 At no time shall the workload of material manufacturers be considered a reason to claim "inability to obtain materials" for purposes of requesting a time extension. 4.3.6 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 days after initial observance or notification. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Agency will review claims and disputes, with the Executive Director, and take one or more of the following preliminary actions within ten days of receipt of a claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when they expect to take action, (3) recommend rejecting the claim in whole or in part, stating reasons for rejection, (4) recommend approval of the claim by the other party or (5) suggest a compromise. The Agency may, but is not obligated to, notify the surety, if any, of the nature and amount of the claim. 4.4.2 If a claim has been resolved, the Agency will notify the parties in writing of the resolution. 4.4.3 An unresolved claim is an unresolved dispute. 4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days after the Agency's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested, (2) modify the initial claim, (3) notify the Agency that the initial Claim stands, or (4) withdraw the claim. 4.4.5 Contractor, in the event of any dispute or controversy with the Agency over any matter whatsoever, shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 42 of 59 .1 extension requests and prices for changes. 4.4.6 The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor will keep accurate, detailed records on all disputed work, claims and other disputed matters and submit same to Agency. Public Contract Code 20104 et. seq., shall govern the claim procedure. 4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for time extension, or any other type of claim, later than as required by paragraph 4.3.2 unless the Agency agrees in writing to allow such reservation. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the work at the site. The term "Subcontractor" is referred to throughout the Contract as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or Subcontractors of other Contractors. A Subcontractor shall be considered an employee of the Contractor and the Contractor shall be responsible for his /her work. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the work at the site. The term "Sub - subcontractor" is referred to throughout the Contract as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 All contracts between the general Contractor and its subcontractors and suppliers shall include a provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, and shall incorporate the contract by reference into all subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor shall be as fully responsible to the Agency for acts and omissions of Subcontractor and of persons either directly or indirectly employed by Subcontractor, as he /she is for acts and omissions of persons directly employed by himself /herself. Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Agency. 5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 43 of 59 61 for review by the Agency, the names of persons or entities including those who are to furnish materials or equipment fabricated to a special design proposed for each principal portion of the work. 5.2.3 The Agency's consent to or approval of any Subcontractor under this Contract shall not in any way relieve the Contractor of his /her obligations under this Contract and no such consent or approval shall be deemed to waive any provision of this Contract. 5.2.4 The Contractor shall not contract with a proposed person or entity to whom the Agency has made reasonable and timely objection. The Contractor shall not contract to any unlicensed or uninsured Subcontractor or supplier. 5.2.5 The Contractor shall not change a Subcontractor, person or entity previously approved if the Agency makes reasonable objection to such change. Substitution or addition shall be permitted only as authorized in Chapter 2 (commencing at Section 4100) Division 5, Title 1 of California Government Code. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 Each subcontract agreement shall preserve and protect the rights of the Agency, under the Contract with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by this Contract, has against the Agency. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 MUTUAL RESPONSIBILITY 5.4.1 The Contractor shall afford the Agency's own forces and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Agency. 5.41 If part of the Contractor's work depends for proper execution or results upon construction or operations by the Agency's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the work, promptly report to the Agency apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report these discrepancies and defects shall constitute an acknowledgment that the Agency's Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 44 of 59 62 own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's work. 5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Agency or other Contractors. 5.4.4 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to the provisions of Paragraph 4.4. 5.5 AGENCY'S RIGHT TO CLEAN UP 5.5.1 If a dispute arises among the Contractor, other Contractors and the Agency as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Agency may clean up and allocate the cost among those responsible as the Agency determines to be equitable. ARTICLE 6 CHANGES IN THE WORK 6.1 CHANGES 6.1.1 Changes in the work may be accomplished after execution of the Contract, and without invalidating the Contract, by change order, construction change directive or order for a minor change in the work, subject to the limitations stated in this Article 6 and elsewhere in the Contract. 6.1.2 A change order shall be based upon prior written agreement among the Agency, and Contractor; a construction change directive requires prior written agreement by the Agency and may or may not be agreed to by the Contractor; an order for a minor change in the work may be issued by the Agency. Final approval for all change orders rests with the Agency. The Agency's Executive Director is the final approving authority. 6.1.3 Changes in the work shall be performed under applicable provisions of the Contract, and the Contractor shall proceed promptly, unless otherwise provided in the change order, construction change directive or order for a minor change in the work. 6.1.4 Requests for changes and time extensions may be submitted in letter form with detailed backup and substantiated reasons attached. All requests submitted without detailed backup and substantiated reasons and will be returned without action. 6.2 CHANGE ORDERS 6.2.1 A change order is a written instrument prepared by the Agency and signed by the Agency and Contractor, stating their agreement upon all of the following: Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 45 of 59 63 a subsequent change in the work; 2. the amount of the adjustment in the Contract lump sum, if any; and 3. the extent of the adjustment in the Contract time, if any. 6.3 CONSTRUCTION CHANGE DIRECTIVES 6.3.1 A construction change directive is a written order prepared and signed by the Agency, directing a change in the work and stating a proposed basis for adjustment, if any; in the Contract lump sum or Contract time, or both. The Agency may, by construction change directive, without breaching the contract, order changes in the work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract lump sum and Contract time being adjusted accordingly, in accordance with provisions of the contract documents. 6.3.2 A construction change directive shall be used in the absence of total agreement on the terms of a change order or pending change order. 6.3.3 If the construction change directive provides for an adjustment to the Contract lump sum, the adjustment shall be based on one of the following methods, and in accordance with provisions of the contract documents: Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 2. Unit prices stated in the Contract or subsequently agreed upon in writing; 3. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 4. as provided in Subparagraph 6.3.6. 6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly proceed with the change in the work involved and advise the Agency of the Contractor's agreement or disagreement with the method, if any, provided in the Construction change directive for determining the proposed adjustment in the Contract lump sum or Contract time. 6.3.5 A Construction change directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract lump sum and Contract time or the method for determining them. Such agreement shall be executed as a change order. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 46 of 59 64 6.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract lump sum, the method and the adjustment shall be determined by the Agency on the basis of reasonable expenditures and savings of those performing the work attributable to the change, including, in case of an increase or decrease in the Contract lump sum, the pre- determined percentage for overhead and profit. In such case, the Contractor shall keep and present, in such form as the Agency may prescribe, an itemized account together with appropriate supporting data. Unless otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6 shall be limited to the following: Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; 2. Costs of materials, supplies and equipment, including cost of delivery by supplier, whether incorporated or consumed; 3. Reasonable, competitive rental costs of equipment over $75 /day, exclusive of hand tools and contractor owned vehicles, whether rented from the Contractor or others; 4. Permit fees, and sales, use or similar taxes related to the work; as limited in the conditions of the Contract. 6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be included in applications for payment if a change order, to that effect has been signed by the parties. The amount of credit to be allowed by the Contractor to the Agency for a deletion or change which results in a net decrease in the Contract lump sum shall be actual net cost as confirmed by the Agency. When both additions and credits covering related work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of increase, if any, with respect to that change. 6.3.8 If the Agency and Contractor agree with the determination concerning the adjustments in the Contract lump sum and Contract time, or otherwise reach agreement upon the adjustments, such agreement shall be recorded by preparation and execution of an appropriate change order. Change Orders do not become effective until executed by all parties. 6.3.9 If the Agency and Contractor do not agree on adjustments to the Contract lump sum or Contract time, then this shall be considered a dispute and shall be resolved pursuant to the provisions of Section 4.4 of these General Conditions. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 47 of 59 65 ARTICLE 7 TIME 7.1 DEFINITIONS 7.1.1 Unless otherwise provided, time for performance is the number of calendar days and /or hours, including authorized adjustments, allotted in the Contract for substantial completion of the work. 7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed issued by the Agency. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 7.1.3 The date the project is completed is the date so certified by the Agency. 7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise specified. 7.2 PROGRESS AND COMPLETION 7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal, the Contractor confirms that the Contract time is a reasonable period for performing the work. 7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the Agency in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by the Contract to be furnished by the Contractor. The date of commencement of the work shall not be changed by the effective date of such insurance. The date of commencement will be established by a notice to proceed given by the Agency. 7.3 DELAYS AND EXTENSION OF TIME 7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time extension to the contract. He /she may request an extension listing reasons for the delay and submitting substantiating evidence. If the Agency determines the request is reasonable, a change order may be issued for said time extension. 7.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3 and other appropriate sections of the contract documents. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 48 of 59 W. ARTICLE 8 PAYMENTS AND COMPLETION 8.1 CONTRACT LUMP SUM 8.1.1 The Contract lump sum is stated in the Contract and, including authorized adjustments, is the maximum amount payable by the Agency to the Contractor for performance of the work under the Contract. 8.2 APPLICATIONS FOR PAYMENT 8.2.1 Contractor shall submit to the Agency an itemized application for payment for work completed in accordance with the schedule of values. The application will be supported by such data substantiating the Contractor's right to payment as the Agency may require. 8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed. 8.2.3 The Contractor warrants that upon submittal of an application for payment all work for which recommendation for payment has been requested shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, material or equipment relating to the work. Copies of applicable releases should be submitted with the Contractor's invoice. 8.2.4 Payment shall be made pursuant to payment terms, payment schedule and requirements of the Contract. 8.2.5 Application for payment shall be submitted using the Contractor's own form of invoice. 8.2.6 Payment shall be made as a lump sum pursuant to the Contract provisions 8.2.7 Substantial completion does not constitute approval for final payment nor final acceptance of the work. 8.2.8 Payment requests will be rejected due to lack of, or improper releases or other improper or incomplete documents required to be submitted with payment requests, as determined by the Agency. 8.2.9 For all payments made under this contract, there will be no separate "Certificate for Payment." The owner's issuance of a check constitutes a certificate of payment. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 49 of 59 67 8.3 RECOMMENDATION FOR PAYMENT 8.3.1 The Contractor will assemble a project invoice by certifying the amounts due and forwarding them to the Project Representative, along with all required releases and certified payroll documents. 8.3.2 Within ten working days after receipt of the project application for payment, the Agency will either issue a recommendation for payment, for such amounts as the Agency determines is properly due, or notify the Contractor in writing of the reasons for withholding certification in whole or in part as provided in Subparagraph 8.4.1. 8.3.3 The issuance of a recommendation for payment will constitute representations made separately to the Agency, based on individual observations at the site and the data comprising the application for payment submitted by the Contractor, that the work has been completed and that, to the best of the Agency's knowledge, information and belief, the quality and quantity of the work conforms to the Contract. The foregoing representations are subject to an evaluation of the work for conformance with the Contract upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the Contract correctable prior to completion and to specific qualifications expressed by the Agency. The issuance of a recommendation for payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the recommendation for payment will not be a representation that the Agency has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Agency to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract lump sum. 8.4 DECISIONS TO WITHHOLD CERTIFICATION 8.4.1 The Agency may decide not to certify payment and may withhold a recommendation for payment in whole or in part, to the extent reasonably necessary to protect the Agency, if in the Agency's opinion the representations to the Agency required by Subparagraph 8.3.3 cannot be made. If the Agency's Representative is unable to certify payment in the amount of the application, the Agency will notify the Contractor. If the Contractor and Agency cannot agree on a revised amount, the Agency will promptly issue a recommendation for payment for the amount for which the Agency is able to make such representations. The Agency may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a recommendation for payment previously issued, to such extent as may be necessary to protect the Agency from loss because of, but not limited to, the following: Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 50 of 59 1. Defective work not remedied; 2. Third party claims filed or reasonable evidence indicating probable filing of such claims; 3. Alleged failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; 4. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract lump sum; 5. Damage to the Agency or another contractor or third party allegedly by Contractor, his /her agent or employee; 6. Reasonable evidence that the work will not be completed within the Contract time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; 7. Persistent failure to carry out the work in accordance with the Contract; 8. Re- testing of non - passing tests, reimbursement for inspections, overtime and minimum times not used; 9. Alleged breach of terms and conditions of Contract Documents; 10. Disputed items and issues; 11. Liquidated damages; or 12. Payments which may be past due and payable for just claims against Contractor or any Subcontractor for labor or materials furnished in and about the performance of work on the project under this Contract; and /or 13. Improper, incomplete or unacceptable documents, releases or back up materials. 8.4.2 When the above reasons for withholding certification are removed to the Agency's satisfaction, certification will be made for amounts previously withheld. 8.4.3 The Agency may apply such withheld amount or amounts to payment of such claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the agent of the Contractor and any payment so made by the Agency shall be considered as a payment made under Contract by the Agency to the Contractor and the Agency shall not be liable to the Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 51 of 59 • • Agency will render the Contractor a proper accounting of such funds disbursed on behalf of the Contractor. 8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT 8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall forward to the Agency a written notice that the work is ready for final inspection and acceptance and shall also forward to the Agency a Contractor's application for final retention payment. When the Agency finds the work to be acceptable under the Contract and the Contract fully performed, the Agency will promptly issue a final recommendation for retention payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the work has been completed in accordance with terms and conditions of the Contract and that the entire balance found to be due the Contractor is due and payable. 8.5.2 No final retention payment shall become due until the Contractor submits to the Agency (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Agency or the Agency's property might be responsible or encumbered (less amounts withheld by Agency) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance and bonds required by the Contract to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Agency, and the Agency has given written permission to cancel said insurance and /or bonds; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract; (4) consent of surety, if any, to final payment; (5) a certificate evidencing that Bonds required by the Contract will remain in full force and effect until Agency issues written permission to exonerate them; and (6) all documentation required by the payment schedule and (7) if required by the Agency, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Agency. If such claim remains unsatisfied after payments are made, the Contractor shall refund to the Agency all money that the Agency may be compelled to pay in discharging such claim, including all costs and reasonable attorneys' fees. ARTICLE 9 PROTECTION OF PERSONS AND PROPERTY 9.1 SAFETY PRECAUTIONS AND PROGRAMS 9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the performance of the Contract including, without limitation, safety, job meetings and training. The Contractor shall Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 52 of 59 70 submit the Contractor's safety program to the Agency and coordinate with the safety programs of other Contractors. Contractor will furnish minutes of all safety meetings to the Agency. 9.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless by Contractor's remediation activities as required by this Contract, the Contractor shall immediately stop work in the area affected and report the condition to the Agency in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the Agency and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Agency and Contractor. 9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to the Agency in writing. The Agency shall then proceed in the same manner described in Subparagraph 9.1.2. 9.2 SAFETY OF PERSONS AND PROPERTY 9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: Employees on the job and other persons who may be affected thereby; 2. The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; 3. Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Construction or operations by the Agency or other Contractors. 9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 9.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 53 of 59 71 9.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured under property insurance required by the Contract) to property referred to in subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under subparagraph 9.2.1. This includes damage or loss caused by unknown persons or causes. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under the indemnity sections of the Contract. 9.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Agency. 9.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger safety to persons or property. 9.3 EMERGENCIES 9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 10 INSURANCE 10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for additional insurance requirements) 10.1.1 The Contractor shall purchase from and maintain in a company or companies "admitted" by the State of California such insurance as specified in the Special Bid Terms and Conditions for this project as will protect the Contractor from claims which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 54 of 59 72 10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages must be written on an occurrence basis and shall be maintained without interruption from date of commencement of the work until after recordation of the Notice of Completion and Agency has given written permission to cancel insurance. 10.1.3 Certificates of Insurance acceptable to the Agency shall be submitted to the Agency prior to commencement of the work. Additional certificates evidencing continuation of coverage after final payment shall be submitted with the final Application for Payment as required by Subparagraph 10.1.2. 10.1.4 All certificates must be original. An original endorsement, naming the Agency as additional insured must also be submitted before the Notice to Proceed will be issued. 10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said insurance coverage is required in addition to all other insurance coverage required by other provisions of the Contract Documents. Contractor to pay all deductibles. 10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 10.1. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 55 of 59 73 Technical Specifications For the Demolition of Structures and Appurtenances at Former CalTrans Yard on Los Angeles Avenue, Moorpark, California 1. The Agency has obtained a report from a licensed laboratory that verifies the presence of asbestos and lead -based paint on the property. The pre - demolition survey reports are attached to this bid document, with estimated square footage removal amounts, for reference. The Contractor is responsible for coordinating the hazardous materials remediation, including applicable permits and noticing requirements with Ventura County Air Pollution Control District (VCAPCD) and other agencies, prior to commencement of demolition work. All ACM must be removed per the asbestos removal recommendations on page 9 of the survey report. If a Contractor proposes to perform this work with their own forces, proof of the Contractor's valid DOSH registration number must be submitted with the bid documents. If the Contractor does not have a valid DOSH registration number for Asbestos removal, a subcontractor must be listed to perform this work. Failure to comply with either of these requirements, may lead to the bid being rejected as non - responsive. All lead -based paint must be removed by a licensed lead paint abatement company per the lead paint removal recommendations on page 10 of the survey report. Lead -based paint waste should be disposed of at a facility permitted to handle lead -based paint waste. 2. Demolish and remove all structures, trash, debris, landscaping, shrubs, organic material, and miscellaneous abandoned items, inside of the property lines at former CalTrans Yard on Los Angeles Avenue as indicated at the mandatory pre -bid conference. All concrete or asphalt driveways /parking areas is to remain. Contractor is responsible for procuring and paying for all permits for this work including those needed from the City of Moorpark Planning Department, Building and Safety Office, City Engineering, and Ventura County Air Pollution Control District. This is a Redevelopment Agency project and, as such, is required to pay all applicable permit fees. 3. A soils report indicates that there may be sub- surface components related to a hydraulic lift still installed at the site. Contractor is responsible for search and removal of these components if found. Any voids left by the removal of the lift components should be filled and compacted. 4. The City of Moorpark franchises its solid waste services. As such, all trash and demolition debris must be lawfully disposed of offsite using one of the City's two franchise waste haulers G.I. Industries (WM) or Moorpark Rubbish (Anderson Disposal) to haul away any and all material destined for the landfill. Recyclable or salvageable materials may be self - hauled by the contractor, in their own high -side hauling truck or other City approved truck, to a recycle /salvage center in Ventura County. Pick -up trucks, non - hauling specific vehicles, rented roll -offs or bins are NOT an acceptable self - haul method. If the Contractor bids with the self -haul option, a permit must be issued by the City and the total tonnage recycled must be submitted to the City. The City requires Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 56 of 59 74 recycling for the following construction and demolition debris: woods, metals, cardboard, concrete, asphalt, dirt, mixed inerts, and mixed construction and demolition debris that must be recycled at the Simi Valley Landfill or other pre- approved facility in Ventura County. Source separated material will be accepted at many locations for a reduced disposal rate. Original weigh tickets generated at the recycling facility(ies) must be submitted to the City within 30 days of job completion. Questions about these requirements can be directed to Jennifer Mellon, Senior Management Analyst at (805) 517 -6247. 5. Remove all underground electrical conduits, gas lines, waterlines, sewer lines, irrigation lines, and associated lines and all other underground utilities and cap off same two (2) feet from the property line. Capped sewer utility should also be brought to grade. Prior to commencing any demolition work, the Contractor shall contact "Dig Alert" and all serving utilities and make all arrangements necessary to insure that all utilities are properly located, removed and capped at the property line, as required. All necessary fees, permits and requirements of the serving utilities and authorities having jurisdiction will be secured and paid for by the contractor, contractor will coordinate all utility disconnections and removals necessary to proceed with the work in a timely manner. Agency Staff can provide a listing of affected utilities upon request. 6. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or cutting are completely secured and properly barricaded to ensure separation of such operations with anybody other than who is authorized to be in construction area before beginning such work. Provide barricades and maintenance thereof, in accordance with applicable Federal, State and local codes and their respective requirements. Install temporary barricades, enclosures and protections before demolition work is started. 7. Perimeter fencing around the property is to remain. Contractor responsible for repairing the fence if it is damaged by demolition operations. 8. Contractor is responsible for provision of water to the site, whether it is through the use of a water meter on a hydrant, a watering truck, or other method. The City of Moorpark falls within Ventura County Waterworks District No. 1, (805) 378 -3000 and water meters can be procured through them. 9. During demolition, take all precautions necessary to mitigate blowing dust and dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt migration. This is particularly important at this site, due to it's proximity to Los Angeles Avenue and the potential for blowing dust to limit visibility along this heavily traveled road. Contractor must comply with governing regulations and County Air Pollution Control District pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as flooding and pollution. Do not allow demolished material to accumulate on site. 10. Perform demolition exercising proper care to prevent injury to the public, Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Bid Package Page 57 of 59 75 workmen and adjoining property. Repair or replace existing work scheduled to remain, which is damaged by these operations. Return elements of construction and surfaces to remain to existing condition prior to start of operations. Repair adjacent construction or surfaces soiled or damaged by demolition work. 11. Limit Demolition operations to the immediate property on which the work is to be performed, do not infringe upon the adjoining roads or rights -of -way. Keep all access routes and adjoining roads and rights -of -way clean at all times. The tracking of mud, dirt or any other debris onto the adjacent and surrounding roads will not be permitted at any time. If there is debris tracked onto roads, at no time will the use of water be an acceptable clean -up method. 12. Limit noise to a reasonable level as related to specific items of equipment used and their hours of use. This does not preclude use of mechanical equipment, i.e. jack hammers, heavy equipment. 13. No blasting will be permitted and burning of rubbish at the site is not allowed. 14. Site and surrounding areas to be left clean and free of any debris, organics, or other unsuitable materials. 15. Except as otherwise specified, in the event the contractor encounters on the project site material reasonably believed to be Asbestos, Polychlorinated biphenyl (PCB) or other hazardous materials which have not been rendered harmless by Contractors remediation efforts as required by this contract, Contractor shall immediately stop work in the effected area and report the condition to the Agency's Representative verbally and in writing. 16. Submit schedule for approval by the Agency's Representative indicating proposed methods and sequence of operations for demolition work. Include coordination for shutoff, capping and continuation of utility services as required, together with details for dust and noise control protection. Provide detailed sequence of demolition and removal operations. 17. Contractor will provide a competent English- speaking Superintendent to oversee the complete project. The Superintendent shall be present at all times work is being performed. The Superintendent shall have the authority to bind Contractor through Superintendents acts. The Superintendent shall represent the Contractor; communications given to the Superintendent shall be binding on the Contractor. 18. Contractor will be responsible for the security of the site. Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the project site until final acceptance by the Agency. Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, Moorpark Redevelopment Agency Bid Package Structure Demolition — Former CalTrans Yard Page 58 of 59 76 regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. 19. Contactor will be responsible to include appropriate construction site Best Management Practices to comply with applicable storm water and urban runoff permits, regulations, codes or laws. Moorpark Redevelopment Agency Structure Demolition — Former CalTrans Yard Bid Package Page 59 of 59 77 ASBESTOS AND LEAD - CONTAINING PAINT SURVEY MA Y 5, 2004 GEOCON CONSULTANTS, INC ASBESTOS AND LEAD - CONTAINING PAINT SURVEY MOORPARK MAINTENANCE FACILITY 512 WEST LOS ANGELES AVENUE MOORPARK, CALIFORNIA TASK ORDER NO.07- 910090 -QI EA 0 H 1300 PREPARED FOR CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 7 LOS ANGELES, CALIFORNIA PREPARED BY GEOCON CONSULTANTS, INC. 6970 FLANDERS DRIVE SAN DIEGO, CALIFORNIA 92121 TEL. (858) 558 -6100 FAX. (858) 558 -8437 E -mail: environmental @geoconinc.com GEOCON PROJECT NO. 09100 -06 -96 MAY 5, 2004 79 I1 - — - — V- . . CONSULTANTS, INC. E N V I R O N M E N T A L ■ G E O T E C H N I C A L ■ M A T E R I A L S (440>) Project No. 09100 -06 -96 May 5, 2004 Ms. Sue McGinn State of California Department of Transportation, District 7 Office of Environmental Engineering and Feasibility Studies 801 S. Grand Avenue, Suite 1600 Los Angeles, California 90017 -4643 Subject: MOORPARK MAINTENANCE FACILITY 512 WEST LOS ANGELES AVENUE MOORPARK, CALIFORNIA CONTRACT NO.43AO078 TASK ORDER NO.07- 910090 -QI, EA OH 1300 ASBESTOS AND LEAD - CONTAINING PAINT SURVEY Dear Ms. McGinn: In accordance with California Department of Transportation (Caltrans) Contract No. 43A0078, Task Order (TO) No. 07- 910090 -QI, and EA 0111300, Geocon Consultants, Inc. ( Geocon) has performed an asbestos and lead- containing paint (LCP) survey at the subject site. The scope of services provided by Geocon included surveying structures at the subject site for suspect asbestos - containing materials and LCP, collecting bulk samples, and submitting the samples to a laboratory for analyses. The accompanying report summarizes the services performed and laboratory analysis. The contents of this report reflect the views of Geocon Consultants, Inc., who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the State of California or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. Please call us if you have any questions. .Sincerely, GEOCON CONSULTANTS, INC. dv �L David A. Watts, CAC Project Scientist DAW:RJK:sc (5) Addressee 6970 Flanders Drive ■ Son Diego, Californio 92121 -2974 ■ Telephone (858) 558 -6100 ■ Fax(858)558-8437 •� ` TABLE OF CONTENTS ASBESTOS AND LEAD - CONTAINING PAINT SURVEY Page 1. INTRODUCTION .............................................................................. ............................... .............. 1.1 Site Description ..................................................................................... ............................... 1 1.2 General Objectives ................................................................................ ............................... 1 2. BACKGROUND ............................................................................................... ..............................1 2.1 Asbestos ................................................................................................ ............................... 1 2.2 Lead Paint .............................................................................................. ............................... 2 3. HISTORY ......................................................................................................... ............................... 4 3.1 Previous Survey Activities ..................................................................... ..............................4 3.2 As -Built Plans ........................................................................................ ............................... 4 4. SCOPE OF SERVICES .................................................................................... ............................... 4 4.1 Asbestos ................................................................................................ ............................... 4 4.2 Lead Paint .............................................................................................. ............................... 5 5. INVESTIGATIVE RESULTS ....:..................................................................... ............................... 5 5.1 Asbestos Analytical Results .................................................................. ............................... 5 5.1.1 North Garage ............................................................................ ............................... 6 5.1.2 South Garage ............................................................................ ............................... 6 5.1.3 Barracks ..................................................................................... ..............................7 5.2 Paint Analytical Results ........................................................................ ............................... 7 5.2.1 North Garage ............................................................................ ............................... 7 5.2.2 South Garage ............................................................................. ..............................8 5.2.3 Barracks ..................................................................................... ..............................8 6. CONCLUSIONS AND RECOMMENDATIONS ............................................ ............................... 9 6.1 Asbestos ................................................................................................ ............................... 9 6.2 Lead Paint ............................................................................................ ............................... 10 7. REPORT LIMITATIONS ............................................................................... ............................... 11 Fi res: 1. Vicinity Map 2. Asbestos Site Plan 3. Paint Site Plan Tables: 1. Summary of Analytical Laboratory Test Results - Asbestos 11. Summary of Analytical Laboratory Test Results - Paint Appendixes: A. Site Photographs (1 through 21) B. Analytical Laboratory Reports and Chain -of- Custody Documentation — Asbestos C. Analytical Laboratory Reports and Chain -of- Custody Documentation — Paint ASBESTOS AND LEAD - CONTAINING PAINT SURVEY 1. INTRODUCTION This Site Investigation (SI) report was prepared in accordance with Caltrans Contract No. 43AO078, Task Order (TO) No. 07- 910090 -QI, and EA OH 1300. 1.1 Site Description The project site (Site) is the former Caltrans maintenance facility located at 512 West Los Angeles Avenue in Moorpark, Ventura County, California. The approximate site location is depicted on the Vicinity Map, Figure 1. 1.2 General Objectives The purposes of the scope of work outlined in TO No. 07- 910090 -QI were to assess the potential presence and quantity of asbestos and lead- containing paint (LCP) prior to demolition activities at the Site. Geocon understands that the information obtained from this investigation will be used by Caltrans to coordinate asbestos and peeling /flaking LCP removal activities (if necessary), to determine the applicability of the California Occupational Safety and Health Administration (CaVOSHA) asbestos and lead standards, and to estimate associated costs within the proposed project work areas. 2. BACKGROUND 2.1 Asbestos The Code of Federal Regulations (CFR), 40 CFR 61, Subpart M, National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Federal Occupational Safety and Health Administration (FED OSHA) classify asbestos - containing material (ACM) as any material or product that contains more than 1% asbestos. Nonfriable ACM is classified by NESHAP as either Category I or Category II material defined as follows: • Category I — asbestos - containing packings, gaskets, resilient floor coverings, and asphalt roofing products. • Category H — all remaining types of non - friable asbestos- containing material not included in Category I that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Project No. 09100 -06 -96 I - May 5, 2004 TO No. 07-910090 -Q1, EA OH 1300 M. Regulated asbestos - containing material (RACM), a hazardous waste, is classified as any material that contains greater than 1% asbestos by dry weight and is: • Friable; or • Category I material that has become friable; or • Category I material that has been subjected to sanding grinding, cutting or abrading; or • Category U non - friable material that has a high probability of becoming crumbled, pulverized, or reduced to a powder during demolition or renovation activities. Activities that disturb materials containing any amount of asbestos are subject to certain requirements of the Cal /OSHA asbestos standard contained in Title 8, CCR Section 1529. Typically, removal or disturbance of more than 100 square feet of material containing more than 0.1% asbestos must be performed by a registered asbestos abatement contractor, but associated waste labeling is not required if the material contains 1% or less asbestos. When the asbestos content of a material exceeds 1 %, virtually all requirements of the standard become effective. Materials containing more than 1% asbestos are also subject to NESHAP regulations (40 CFR Part 61, Subpart M). RACM (friable ACM and nonfriable ACM that will become friable during demolition operations) must be removed from buildings prior to demolition. Certain nonfriable ACM and materials containing 1% or less asbestos may remain in buildings during demolition; however, there are waste handling /disposal issues and Cal /OSHA work requirements that may make it cost ineffective to do so. Contractors are responsible for segregating and characterizing waste streams prior to disposal. With respect to potential worker exposure, notification, and registration requirements, Cal/OSHA defines asbestos- containing construction material (ACCM) as construction material that contains more than 0.1 % asbestos (Title 8, CCR 341.6), 2.2 Lead Paint Construction activities (including demolition) that disturb materials or paints containing any amount of lead are subject to certain requirements of the Cak/OSHA lead standard contained in Title 8, CCR, Section 1532.1. Deteriorated paint is defined by Title 17, CCR, Division 1, Chapter 8, §35022 as a surface coating that is cracking, chalking, flaking, chipping, peeling, non - intact, failed, or otherwise separating from a component. Demolition of a deteriorated LCP component would require waste characterization and appropriate disposal. Intact LCP on a component is currently accepted by most Project No. 09100 -06 -96 - 2 - May 5, 2004 TO No. 07- 910090 -Q1, EA OH 1300 landfill facilities; however, contractors are responsible for segregating and characterizing waste streams prior to disposal. For a solid waste containing lead, the waste is classified as California hazardous when: l) the total lead content exceeds the respective Total Threshold Limit Concentration (TTLQ of 1,000 milligrams per kilogram (mgfkg); or 2) the soluble lead content exceeds the respective Soluble Threshold Limit Concentration (STLC) of 5 milligrams per liter (mgA) based on the standard Waste Extraction Test (WET). A waste has the potential for exceeding the lead STLC when the waste's total lead content is greater than or equal to ten times the respective STLC value since the WET uses a 1:10 dilution ratio. Hence, when total lead is detected at a concentration greater than or equal to 50 mg/kg, and assuming that 100 percent of the total lead is soluble, soluble lead analysis is required. Lead - containing waste is classified as "Resource, Conservation, and Recovery Act" (RCRA) hazardous, or Federal hazardous, when the soluble lead content exceeds the Federal regulatory level of 5 mg /I based on the Toxicity Characteristic Leaching Procedure (TCLP). The above regulatory criteria are based on chemical concentrations. Wastes may also be classified as hazardous based on other criteria such as ignitability; however, for the purposes of this investigation, toxicity (i.e., lead concentrations) is the primary factor considered for waste classification since waste generated during the construction activities would not likely warrant testing for ignitability or other criteria. Waste that is classified as either California hazardous or RCRA hazardous requires management as a hazardous waste. Section 25157.8 of the California Health and Safety Code requires that waste with a total lead concentration in excess of 350 parts per million (ppm) must be disposed of at a Class 1 landfill (although it may not be a hazardous waste). The noted 350 ppm total lead level is equivalent to a total lead concentration of 350 mglkg. Potential hazards exist to workers who remove or cut through LCP coatings during demolition. Dust containing hazardous concentrations of lead may be generated during scraping or cutting materials coated with lead- containing paint. Torching of these materials may produce lead oxide fumes. Therefore, air monitoring and/or respiratory protection may be required during the demolition of materials coated with LCP. Guidelines regarding regulatory provisions for construction work where workers may be exposed to lead are presented in the Title 8, CCR, Section 1532.1. Project No. 09100 -06 -96 - 3 - May 5, 2004 TO No. 07- 910090 -QI, EA OHI300 .I. 3. HISTORY 3.1 Previous Survey Activities Previous survey reports of the Site were not available for review by Geocon. 3.2 As -Built Plans As -built plans of the Site were not available for review by Geocon. 4. SCOPE OF SERVICES Mr. David Watts, a California Certified Asbestos Consultant (CAC), certification No. 98 -2404 (expiration September 16, 2004), and Certified Lead Paint Inspector /Assessor and Project Monitor with the California Department of Health Services (DHS), certification numbers I -1734 and M -1734 (expiration December 4, 2004) performed the asbestos and LCP survey of the Site on March 10, 2004. 4.1 Asbestos Suspect asbestos - containing materials were grouped into homogeneous areas with three representative samples (A, B, and C) randomly collected from each. In addition, each suspect asbestos - containing material was evaluated for condition (evidence of deterioration, physical damage, and water damage) and friability. A total of 39 bulk asbestos samples, representing 13 separate materials, were collected from the Site. Geocon's procedures for inspection and sampling in accordance with TO No. 07- 910090 -QI are discussed below: • Collected bulk asbestos samples after first wetting friable material with a light mist of water. The samples were then cut from the substrate and transferred to a labeled container. Note that when multiple samples were collected, the sampling locations were distributed throughout the homogeneous area (spaces where the material was observed). • Relinquished bulk asbestos samples to EMSL Analytical, Inc. (EMSL), a California- licensed and Caltrans- approved subcontractor, for asbestos analysis in accordance with EPA method 600/R- 93/116 using polarized light microscopy (PLM) under standard chain -of- custody procedures. EMSL is a laboratory accredited by the National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program (KIST- NVLAP) for bulk asbestos fiber analysis. As discussed with the Caltrans Contract Manager, the laboratory was instructed to analyze each suspect material until a result of >1% was obtained (additional PLM Project No. 09100 -06 -96 - 4 - May 5, 2004 TO No. 07- 910090 -Q1, EA OH 1300 results would have been irrelevant.) The laboratory analyses were performed on a 10 -day turn- around -time. Geocon sample group identification numbers, material descriptions, approximate quantities, and friability assessments are summarized as portions of Table I. Approximate sample locations are presented in the Asbestos Site Plan, Figure 2. Photos of the materials sampled are presented with Appendix A. 4.2 Lead Paint A total of nine bulk paint samples were collected from the Site. Geocon's procedures for inspection and sampling in accordance with TO No. 07- 910090 -QI are discussed below: • Collected representative bulk samples of suspect LCP using techniques presented in the United States Department of Housing and Urban Development (HUD) guidelines. In addition, each painted area was evaluated for evidence of deterioration such as flaking or cracking. It was not Geocon's intent during this inspection to conduct an evaluation of lead -based paint hazards in accordance with HUD guidelines. HUD protocol generally requires a very extensive sampling strategy that includes sampling of paint on each surface type (e.g., wall, ceiling, windowsill, window frame, doorframe, molding, etc.) in each room. • Relinquished LCP samples to Advanced Technology Laboratories (ATL), a California - licensed and Caltrans- approved subcontractor, for lead analyses under standard chain -of- custody procedures. ATL is accredited by the DHS for lead analysis. Soluble testing was not requested on paints designated as "INTACT" (they are Category II intact architectural components). WET testing was not requested on deteriorated paints with TTLC results of 1,000 mg/kg or greater (they are already California hazardous). The laboratory analyses were performed on a 10 -day turn- around -time. Geocon sample identification numbers, paint colors, paint locations, and approximate peeling /flaking quantities are summarized as portions of Table II. Approximate sample locations are presented in the Paint Site Plan, Figure 3. Photos of the materials sampled are presented with Appendix A. 5. INVESTIGATIVE RESULTS 5.1 Asbestos Analytical Results The laboratory results of the suspect asbestos containing material samples are presented in a report prepared by EMSL included in Appendix B. Project No. 09100 -06-96 - 5 - May 5, 2004 TO No. 07- 910090 -Q1, EA OH 1300 e 5.1.1 North Garage The north garage is a single -story, steel frame structure of approximately 1,280 square feet. The Rfracture is :clad with corrugated steel. Two sheds, one interior and one exterior, were observed at the . a..., . north garage. Asphalt roofing (exterior shed), cementitious panels (both sheds), and window putty were the only suspect asbestos - containing iaterials observed by Geocon at the north garage. Approximate asbestos sample locations are presented in the Asbestos Site Plan, Figure 2. Asbestos analytical results are presented in Table I. 1,sbestos at a concentration. of_ 5% was detected in approximately 20 square feet of pgfirig used, on..the exterior. she4-. The asphalt roofing was observed to be in significantly damaged condition. Asbestos, at. a concentration of. 0.2S %Q- (using PLM 400 point count analysis) was detected in approximately 12,00 linear feet of .friable window putty. The window putty was observed to be in significantly damaged condition. 'Asbestos.`at a concentration of,25% was detected iI- approximat4y 650 square feet of cementitous,' rnorifriable panels .used in the construction of the north garage sheds;'The wall panels were observed to be in damaged condition. 5.1.2 South Garage The south garage is a single -story, steel frame structure of approximately 1,280 square feet. The �trugture JS. clad.,with porrugated steel. Cementitious panels (used to board the windows) and window putty were the only suspect asbestos- containing materials observed by Geocon at the south garage. Approximate asbestos sample locations are presented in the Asbestos Site Plan, Figure 2. Asbestos analytical results are presented in Table 1. Asb estos at: ;a ;concentraoon;6f;3S °.6 was detected in approximately 150 square feet of4cementitious;7 £ronfriable panels.uS ed, to board Windows in-the south garag6. The wall panels were observed to be in generally good condition. Asbestos was not detected in window putty observed at the south garage. Project No. 09100 -06 -96 - 6 - May 5, 2004 TO No. 07- 910090 -Q1, EA OH 1300 HION 5.1.3 Barracks The barracks is a single -story, steel frame structure of approximately 1,000 square feet. The structure is clad with wood and sheet metal. Roofing, ceiling tiles, floor tiles, base coving, wall panels (two types), duct tape, and gypsum board were the only suspect asbestos - containing materials observed by Geocon at the barracks. Approximate asbestos sample locations are presented in the Asbestos Site Plan, Figure 2. Asbestos analytical results are presented in Table I. Asbestos at a concentration of 2% was detected in approximately 1,000 square feet of nonfriable asphalt roofing systems. The asphalt roofing was observed to be in good condition. Asbestos at a concentration of 2% was detected in approximately 225 square feet of nonfriable, 12 by 12 -inch floor tile observed in the restroom. The floor tile was observed to be in significantly damaged condition. Asbestos was not detected in ceiling tiles, base coving, wall panels (both types), duct tape, and gypsum board observed at the barracks. 5.2 Paint Analytical Results The laboratory results of the paint samples are presented in a report prepared by ATL included in Appendix C. 5.2.1 North Garage Gray paint (exterior shed), beige exterior paint (corrugated steel), and red interior paint (framework) were the only suspect lead - containing paints observed by Geocon at the north garage. Approximate paint sample locations are presented in the Paint Site Plan, Figure 3. Paint analytical results are presented in Table Il. Approximately 50 square feet of peeling and flaking gray paint observed on the exterior shed exhibited a total lead concentration of 120,000 mg/kg following EPA method 6010 and a soluble lead concentration of 120 mg/l using the TCLP following EPA method 1311. Approximately 300 square feet of peeling and flaking beige exterior paint exhibited a total lead concentration of 1,000 mg/kg following EPA method 6010 and a soluble lead concentration less than the laboratory practical quantitation limit ( <) of 0.42 mg/l using the TCLP following EPA method 1311. Project No. 09100 -06 -96 - 7 - May 5, 2004 TO No. 07- 910090 -Ql, EA OH 1300 W. Intact red paint used on the north garage framework exhibited a total lead concentration of 160,000 mg/kg following EPA method 6010. 5.2.2 South Garage Beige exterior paint (corrugated steel), red interior paint (framework), and yellow paint (bollards) were the only suspect lead - containing paints observed by Geocon at the south garage. Approximate paint sample locations are presented in the Paint Site Plan, Figure 3. Paint analytical results are presented in Table U. Approximately 200 square feet of peeling and flaking beige exterior paint exhibited a total lead concentration of 1,600 mg/kg following EPA method 6010 and a soluble lead concentration <0.25 mg /1 using the TCLP following EPA method 1311. Intact red paint used on the south garage framework exhibited a total lead concentration of 250,000 mg/kg following EPA method 6010. Approximately 40 square feet of peeling and flaking yellow paint observed on bollards south of the south garage (see photo 11) exhibited a total lead concentration of 480 mg/kg following EPA method 6010 and a soluble lead concentration of 11 mg /1 using the WET following EPA method 7420. There was not sufficient sample quantity remaining to perform TCLP analysis on this sample and it is assumed to exceed 5 mg/1 (RCRA hazardous). 5.2.3 Barracks Beige exterior paint (cladding), white interior paint (framework and wall systems), and silver reflective paint (roofing) were the only suspect lead- containing paints observed by Geocon at the barracks. Approximate paint sample locations are presented in the Paint Site Plan, Figure 3. Paint analytical results are presented in Table U. Approximately 250 square feet of peeling and flaking beige exterior paint exhibited a total lead concentration of 610 mg/kg following EPA method 6010 and a soluble lead concentration of 8.8 mg /1 using the WET following EPA method 7420. There was not sufficient sample quantity remaining to perform TCLP analysis on this sample and it is assumed to exceed 5 mg/1(RCRA hazardous). Intact white interior paint exhibited a total lead concentration of 5,900 mg /kg following EPA method 6010. Project No. 09100 -06 -96 - 8 - May 5, 2004 TO No 07- 910090 -QI, EA OH1300 RE Intact silver roofing paint exhibited a total lead concentration of 150 mg/kg following EPA method 6010. 6. CONCLUSIONS AND RECOMMENDATIONS Based on our findings, Geocon recommends the following: 6.1 Asbestos Based on the analytical test results, Geocon recommends that asbestos - containing window putty and cementitious panels at the Site be removed and disposed of by a licensed and certified asbestos abatement contractor prior to renovation, demolition, or other activities that would disturb the materials. Geocon recommends that a licensed demolition contractor registered with Cal /OSHA for asbestos - related work, or a licensed and certified asbestos abatement contractor perform demolition activities if asbestos - containing materials (non -RACM) identified during this survey are left in place during demolition. Contractors are responsible for informing the landfill of the contractor's intent to dispose of RACM (a hazardous waste) and /or non - hazardous asbestos waste. Some landfills may require additional waste characterization. Contractors are responsible for segregating and characterizing waste streams prior to disposal. For budgetary planning purposes, Geocon's opinion of probable abatement costs for the removal, containerization, transportation, and disposal of asbestos - containing window putty and cementitious panels at the Site is $6,000. Geocon also recommends the notification of contractors (that will be conducting renovation work or related activities) and/or building tenants of the presence of asbestos in their work areas (i.e., provide the tenants and contractor[s3 with a copy of this report and a list of asbestos removed by asbestos abatement contractor[s] during subsequent abatement activities). Contractors and /or tenants should be instructed not to disturb asbestos during their work. In accordance with Ventura County Air Pollution Control District ( VCAPCD) Rule 62.7, written notification to the VCAPCD is required ten working days prior to commencement of a_y demolition activity (whether asbestos is present or not) and for renovation activities involving specified quantities of RACK In accordance with Title 8, CCR 341.9, written notification to the nearest Cal /OSHA district office is required at least 24 hours prior to asbestos - related work. Project No. 09100 -06 -96 - 9 - May 5, 2004 TO No. 07- 910090 -QI, EA OH 1300 .o 6.2 Lead Paint Based on the analytical test results, Geocon recommends that peeling/flaking paints at the Site be removed and disposed of prior to planned renovation or demolition activities. The contractor should be required to use personnel who have lead - related construction certification as supervisors or workers, as appropriate, from the California DHS for LCP removal work. Loose and peeling /flaking LCP require removal prior to demolition for waste segregation purposes: to separate potentially hazardous waste (Category III concentrated lead such as loose paint, paint sludge, vacuum debris, and vacuum filters) from non- hazardous demolition debris (Category U intact lead - painted architectural components such as doors, windows, framework, cladding, and trim). Category T waste is low lead waste (typically non- hazardous) such as construction materials, filtered wash water, and plastic sheeting. Contractors are responsible for informing the landfill of the contractor's intent to dispose of RCRA waste, California hazardous waste, and /or intact architectural components containing LCP. Some landfills may require additional waste characterization. Contractors are responsible for segregating and characterizing waste streams prior to disposal. For budgetary planning purposes, Geocon's opinion of probable costs for the removal, containerization, transportation, and disposal of peeling/flaking paints at the Site is $8,000. Geocon recommends that all paints at the Site be treated as lead- containing for purposes of determining the applicability of the Cal /OSHA lead standard during any future maintenance, renovation, and demolition activities. This recommendation is based on LCP sample results and the fact that lead was a common ingredient of paints manufactured before 1978 and is still an ingredient of some industrial paints. In accordance with Title 8, CCR, Section 1532.1(p), written notification to the nearest Cal /OSHA district office is required at least 24 hours prior to certain lead - related work. Project No. 09100 -06-96 - 10 - May 5, 2004 TO No. 07- 910090 -QI, EA OH 1300 91 7. REPORT LIMITATIONS The asbestos and LCP survey was conducted in conformance with generally accepted standards of practice for identifying and evaluating asbestos and LCP in structures. Due to the nature of building surveys, asbestos and LCP use, and laboratory analytical limitations, some ACM or LCP in the structures may not have been identified. Building spaces, such as wall cavities, crawlspaces, and pipe chases, may have been concealed to Geocon's investigator. Previous building renovation work such as paneling and flooring additions may have concealed or covered spaces or materials, or may have partially demolished materials and left debris in inaccessible areas. Additionally, renovation activities may have partially replaced ACM with indistinguishable non -ACM. Asbestos and /or LCP may exist in areas of the structure not accessible or sampled in conjunction with this T0. During renovation or demolition operations, suspect ACM and /or LCP may be uncovered which are different from those accessible for sampling during this assessment. Personnel in charge of renovation /demolition should be alerted to note materials uncovered during such activities that differ substantially from those included in this or previous assessment reports. If suspect ACM and/or LCP are found, additional sampling and analysis should be performed to determine if the materials contain asbestos and /or lead. This report has been prepared exclusively for Caltrans. The information contained herein is only valid as of the date of the report, and will require an update to reflect additional information obtained. This report is not a comprehensive site characterization and should not be construed as such. The findings as presented in this report are predicated on the results of the limited sampling and laboratory testing performed. In addition, the information obtained is not intended to address potential impacts related to sources other than those specified herein. Therefore, the report should be deemed conclusive with respect to only the information obtained. We make no warranty, express or implied, with respect to the content of this report or any subsequent reports, correspondence or consultation. Geocon strived to perform the services summarized herein in accordance with the local standard of care in the geographic region at the time the services were rendered. The contents of this report reflect the views of the author who is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the State of California or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. Project No. 09100 -06-96 11 - May 5, 2004 TO No. 07-910090 -Q1, EA OH 1300 9H to • • 0 CONSULTANTS, INC ENVIRONMENTAL ■ GEOTECHNICAL ■ MATERIALS 6970 FLANDERS DRIVE - SAN DIEGO, CALIFORNIA 92121-2974 PHONE 858 558 -6100 • FAX 858 558 -8437 RCO:SC I TASK ORDER NO.07- 910090 -Ql VICINITY MAP MOORPARK MAINTENANCE FACILITY 512 WEST LOS ANGELES AVENUE MOORPARK, CALIFORNIA DATE: 5 -5 -2004 1 PROJECT NO. 09100 -06 -96 FIG. 1 ---- WEST LOS ANGELES AVENUE ----- 9 6c(R) 138 • ` *10B 10Ce 0 �13A 12A • 11 A 19 J:B 9C BA* 118 11C� 07A 78 8B� 7C A 9B� 6A (R) 8C� BARRACKS LEGEND: 9 Approximate Asbestos Sample Location (See Table 1) (R) Roof Sample Location SCALE APPROXIMATE NORTH GARAGE SOUTH GARAGE 0 N Shed .. —&I18 5A 4 *4A *4C 5BO I 00 1 CONSULTANTS, INC. 23SS RESEARCH DRIVE - LIVERM0 RE. CA. 94 SSO PHONE 925371-6900- FAX 925371-5915 S Moorpark Maintenance Facility 512 West Los Angeles Ave. Moorpark, California ASBESTOS GEOCON Proj. No. 09100 -06-96 SITE PLAN Task Order No. 07- 910090 -01 March 2004 Figure 2 •, - WEST LOS ANGELES AVENUE NORTH GARAGE SOUTH GARAGE Shed AP2 P5 IDS A Boiiards LEGEND: • • Approximate Paint Sample Location CONSULTANTS, INC. (See Table 2) 2366 RESEARCH DRIVE - CIVERMOi1E. CA. 04660 PHONE 62S 37{ -6600 - fAX 626 3)1.6.01 S 0 N Moorpark Maintenance Facility 512 West Los Angeles Ave. Moorpark, Caliiomia PAINT SCALE APPROXIMATE GEOCON Prof. No, 09100.06 -96 SITE PLAN Task Order No. 07- 910090 -Qi March 2004 Figure 3 95 TABLE SUMMARY OF ANALYTICAL LABORATORY TEST RESULTS — ASBESTOS MOORPARK MAINTENANCE FACILITY, 512 WEST LOS ANGELES AVENUE, MOORPARK, CALIFORNIA Polarized light Microscopy (PLM) — EPA method 600/R- 93/116 Sample Group Description of Material Approximate Quantity Friable Site Photos Maximum Asbestos Content 1 Asphalt roofing roll - north garage (exterior shed) 20 square feet No 1 5% 2 Window putty - north garage 200 linear feet Yes 2 0.25 %* 3 Cementitious wall panels - north garage (sheds) 650 square feet No 1, 3, & 5 25% 4 Window putty - south garage NA NA 1 9 ND 5 Cementitious wall panels - south garage (windows) 150 square feet No 10 35% 6 Asphalt roofing system/silver reflective paint - barracks 1,000 square feet No 12 & 14 2% (asphalt only - paint ND) 7 Acoustic ceiling tile system - barracks NA NA 16 ND 8 Resilient floor tile system - barracks 225 square feet No 17 2% (tile only - mastic ND) 9 Base coving system - barracks NA NA 17 ND 10 Wail panel system (barracks ceiling and interior walls NA NA 18 ND 11 Duct tape - barracks NA NA 19 ND 12 Gypsum board wall system - barracks NA NA 20 ND 13 Wall panel system (barracks perimeter walls) NA NA 21 ND Notes: Each sample group consists of three samples (A, B, and Q. Sample group 1 is represented by samples l A, 1 B, & 1 C. Sample group 2 is represented by samples 2A, 213, & 2C, etc. Sample groups I through 3 were collected from the north garage Sample groups 4 and 5 were collected from the south garage Sample groups 6 through 13 were collected from the barracks NA = Not applicable (no asbestos detected) ND = No asbestos fibers detected = Material analyzed using PLM point counting procedures Project 4 09100 -06 -96 -1-1 - May 5, 2004 p� TO No. 07- 910090 -QI, EA OHI300 TABLE E SUMMARY OF ANALYTICAL LABORATORY TEST RESULTS — PAINT MOORPARK MAINTENANCE FACILITY, 512 WEST LOS ANGELES AVENUE, MOORPARK, CALIFORNIA Sample No. Paint Description & Approximate Quantity Site Photo Total Lead (mg /kg) WET Lead (mg/1) TCLP Lead (mg/1) Sam le)Location Peelin Flakin P I Gray paint (north 50 square feet I & 5 120,000 not analyzed 120 garage exterior shed P2 Beige exterior paint 300 square feet 1&4 1,000 not analyzed <0.42 north garage) P3 Red interior paint INTACT 6 160,000 not analyzed not analyzed north garage) P4 Beige exterior paint 200 square feet 7 & 8 1,600 not analyzed <0.25 south garage) P5 Red interior paint INTACT 10 250,000 not analyzed not analyzed south garage) Yellow exterior paint P6 (bollards south of 40 square feet 11 480 11 insufficient material garages) remaining jor analyses P7 Beige exterior paint 250 square feet 12 & 13 610 8.8 barracks P8 White interior paint INTACT 15 5,900 not analyzed not analyzed barracks P9 Silver roofing paint INTACT 14 150 not analyzed not analyzed arracks Notes: mg/kg = milligrams per kilogram (EPA 6010) WET - Waste Extraction Test (EPA 7420) mg/l = milligrams per liter TCLP = Toxicity Characteristic Leaching Procedure (EPA 1311) < — Not detected at or above the laboratory practical quantitation limit (PQL) ' = Assumed to exceed 5 mg/1(TCLP) Project No. 09100 -06 -96 -11 -1 - May 5, 2004 TO No. 07- 910090 -Q1, EA OH1300 J APPENDIX m Photo 1— North garage and associated sheds Photo 2 -- Window putty (north garage) Photo 3 — Interior shed (north garage) i • CONSULTANTS, Inc. 2354 Ranrch Dti . U,trmarc, GYfomt- 9/SSD 0 PHONE (92S) 3713900 -PAX (925) 3715915 • • 100 Photo 4 — Peeling beige exterior paint (north garage) Photo 5 — Peeling gray paint (north garage exterior shed) Photo 6 — Intact red paint (north garage framework) SITE PHOTOS 415, & 6 ®* Moorpark Maintenance Facility 512 West Los Angeles Avenue CONSULTANTS, INC. Moorpark, California Z3% Reumb Drh-e, Lrarmme, CNBOMN 91550 P110HE (975)171 - 5900— FAX (9L5)J71.5915 09100 -06 -96 March 20 100 Photo 7 — South garage Photo 8 — Peeling beige exterior paint (south garage) Photo 9 — Window putty (south garage) CONSULTANTS, INC. 2356 Remore4 Drive. Umbers, Colds ds 94550 PHONE (925) 771 -5900 - PAX (925) 371.5915 101 ' 1 Photo 10 — Boarded windows and intact red paint on framework (north garage) Photo 11— Peeling yellow paint on bollards r �N�yk �'•; o �'� -K tr Photo 12 — Barracks SITE PHOTOS 10,11 & 12 • Moorpark Maintenance Facility 512 West Los Angeles Avenue CONSULTAMf3, INC 'W41 Moorpark, California 2356 Remab Drive, Uvemom C*Ufomis 94550 FIJONE(925) 371- 5900- FAX(925)371 -5915 09100 -06 -96 March 2004 102 Photo 13 — Peeling beige exterior paint (barracks) Photo 14 — Barracks roofing -.1 w' Photo 15 — Barracks interior SITE PHOTOS 13 14, & 15 • Moorpark Maintenance Facility 512 West Los Angeles Avenue CONSULTAM, INC. Moorpark, California 2356mE(9 Drim 0—FAX( Glfomfa91530 09100 -06 -96 March 2004 ➢HONE (925) 37t -5400 - FAX (925) 371-5915 103 t Photo 16 — Ceiling tile (barracks) Photo 17 — Floor We and base coving (barracks) K. Photo 18 — Ceiling and interior wall panel system (barracks) SITE PHOTOS 16, 17 & 18 ' . Moorpark Maintenance Facility 512 West Los Angeles Avenue CONSULTANTS, INC. Moorpark, California 7156 RCwrcb DriM 7Jeenaare, CaUfornb 945% PHONE(91S)371 -5906- FAX(925)371 -5915 09100 -06 -96 March 2004 104 105 Photo 19 — Duct sealant (barracks) r Photo 20 — Gypsum board wall systems (barracks) Photo 21— Perimeter wall panel system (barracks) SITE PHOTOS 19, 20 & 21 La • • Moorpark Maintenance Facility 512 West Los Angeles Avenue low) CONSULTANTS, INC. Moo ark, California 1756 Rcmrvb Drive, U,mnwe, CWfonds 91550 PiiONE(925)771 -SM- FAX (925)771.5915 09100 -06 -96 I March 2004 105 APPENDIX 106 EMSL Analytical, Inc 382 South Abhott Avenue, Milpitas, CA 95035 Phone: (408) 934 -7010 Fax: (408) 934.7015 Emait: milpltaslab@,)emsl.com . ... ... . ......: ... .. . .., Attn: David Watts Customer ID: GECN21 Geocon Customer PO' 2356 Research Drive Livermore, CA 94550 Received: 03/12/04 10:30 AM Fax: Phone- (925) 371 -5900 EMSL Order: 090400895 Project: 09100 -06 -96 EMSL Proj: Analysis Date: 3/22104 Asbestos Analysis of Bulk Materials via EPA 6001R- 931116 Method using Polarized Light Microscopy Non - Asbestos Asbestos sample Location Appearance Treatment % Fibrous % Non- Fibrous % Type 1A Asphalt roofing Black Teased 40% Cellulose 55% Non - fibrous (other) 5% Chrysotile 090400695 -0001 Fibrous Dissolved Heterogeneous 1B Asphalt roofing Not Analyzed 090400885-0002 1C Asphalt roofing Not Analyzed 0904008950003 2A Window putty White Crushed 100% Non - fibrous (other) <1% Chrysotile 090400895 -0004 Non- Fibrous Dissolved Homogeneous 2B Window putty White Crushed 100% Non - fibrous (other) <1% Chrysotile 0904008950005 Non - Fibrous Dissolved Homogeneous 2C Window putty White Crushed 100% Non - fibrous (other) <1% ChrysoUle 0904008950006 Non- Fibrous Dissolved Homogeneous 3A Cernentitious Gray/While Crushed 75% Non- fibrous (other) 25% Chrysotile 090400895 -0007 Panels Fibrous Dissolved Heterogeneous 3B Cementitious Not Analyzed 09040095-owl! Panels 3C Cementilious Not Analyzed 0904006950009 Panels Analyst(s) v V Lynn Keller (51) or other approved signatory Due to magnificawn limitations 'inherent in PLM, asbestos fibers in dimensions below the resolution capability of PLM may not be detected Samples reported as 0% or none datecled uire ddhlona l testing by TEM to co» rum asbestos quantities. The above test report relates only to the items tested and may not be reproduced in any form without the express ppr vat of EMSL Analytical, Ilw EMSL's liability is limited to the cost of analysis. EMSL bears no responsibility for sample collection activities or analytical method limitations. tali and use ortest resuns are the responsibility of the client. ��S med by EMSL Milpitas (NVLAP #101048 -3) 107 EMSL Analytical, Inc 382 South Abbott Avenue, Milpitas, CA 95035 �IIVtC.-I Phone: (408) 934 -7010 Fax: (408) 934 -7015 Email: mtlpitaslab@,,emsl.com '1W Attm David Watts Customer ID: GECN21 Geocon Customer PO: 2356 Research Drive Livermore, CA 94550 Received: 03112/04 10:30 AM Fax Phone: (925) 371 -5900 EMSL Order: 090400895 Project: 0910046 -96 EMSL Proj: Analysis Date: 3122/04 Asbestos Analysis of Bulk Materials via EPA 600/R- 931116 Method using Polarized Light Microscopy Non - Asbestos Asbestos Sample Location Appearance Treatment % Fibrous % Non - Fibrous % Type 4A Window putty While Crushed 100% Non - fibrous (other) None Detected 090400895-0010 Non - Fibrous Dissolved Homogeneous 413 Window putty White Crushed 100% Non - fibrous (other) None Detected 090400895 -0011 Non- Fibrous Dissolved 4 Homogeneous 4C Window putty White Crushed 100% Non - fibrous (other) None Detected 090400895-0012 Non- Fibrous Dissolved Homogeneous 5A Cementitious Gray/White Crushed 65% Non - fibrous (other) 35% Chrysotlle 090400895 -00x0 Panels Fibrous Dissolved Heterogeneous 5B Cementitious Not Analyzed 090000895 -0014 Panels 5C Cementitious Not Analyzed 040000895.0015 Panels 6A SILVER LAYER Roofing Silver Dissolved 100% Non - fibrous (other) None Detected 090400895-0016 Mastic/Silver paint Non - Fibrous Layers: 2 6A BLACK LAYER Roofing Black Teased 35% Glass 53% Non - fibrous (other) 2% Chrysotile 090400895-0040 Mastic/Silver paint Fibrous Dissolved 10% Cellulose Layers: 2 6B SILVER LAYER Roofing Silver Dissolved 100% Non - fibrous (other) None Detected 0904 0089 5-001 7 Mastic/Silver paint Non - Flbrous Layers: 2 � Analyst(s) i Lynn Keller (5 1) or other approved signatory Dus to magnification limitations Wwrent in PLM, asbestos fibers in dimensions below Via resolution capability d PLM may riot be detected. Samples reported as <1% or none detected may requk ns1 leafing q T F2A to corirs'm asbestos quantities. The above test report relates only to the Items lasted and may not be reproduced in airy form without the express vwit pp EMSL Analytical, Inc. EMSL's liability Is limited to the cost of anaysis. EMSL bears no responsibility for sample collection acGvilies or anatylicat method limitations. Int retail se W teal results erelhe responsibility of the client. jd:& is pby EMSL Milpitas (NVLAP !.101048.3) 1e EMSL Analytical, Inc 382 South Abbott Avenuo, Milpitas, CA 95035 "Vmnu' Phone: (400) 934 -7010 Fax: (408) $34 -7015 Email: mdpitaslab@ernsl.com Attn: David Walls Customer ID: GECN21 Geocon Customer PO: 2356 Research Drive Livermore, CA 94550 Received: 03/12/04 10:30 AM Fax: Phone: (925) 371 -5900 EMSL Order: 090400895 Project: 09100 -06 -96 EMSL Proj: Analysis Date: 3122/04 Asbestos Analysis of Bulk Materials via EPA 6001R-931116 Method using Polarized Light Microscopy Non - Asbestos Asbesto s Sample Location Appearance Treatment % Fibrous % Non - Fibrous % Type 6B BLACK LAYER Roofing Not Analyzed 080100895,0011 Mastic/Silver paint 6C SILVER LAYER Roofing Silver Dissolved 100% Non - fibrous (other) None Detected 090400995-00/e MasbcJSilver paint Non - Fibrous Layers: 2 ll 6C BLACK LAYER Roofing Not Analyzed 090400095-0042 MastictSilver paint 7A Celing tiles Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400 895- 00 19 Fibrous Dissolved Heterogeneous 7B Celing tiles Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400895-0020 Fibrous Dissolved Heterogeneous 7C Celing tiles Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400995-0021 Fibrous Dissolved Heterogeneous 8A FLOOR TILE Floor tiles Cream Crushed 98% Non - fibrous (other) 2% Chrysotile 090400895-0022 Non- Fibrous Dissolved Layers: 2 8A MASTIC Floor tiles Tan Dissolved 100% Non- fibrous (other) None Detected 090400995-0043 Non- Fibrous Layers: 2 8B FLOOR TILE Floor tiles Not Analyzed 090400095-0023 Analyst(s) Lynn Ke(!er (51) or other approved signatory Due to magnification limitations inherent in PLM, asbestos fibers in dimensions below the resolution capability of PLM may not be detected. Samples reported as 41% or none detected may requirepoamelte3tingbyTEMtocordim asbestos quantities. The above lest report relates only to the items tested and may not be reproduced in any form without the express writ n appr 1 d EMSL Analytical, Inc, EMSL's liability is limited to the cost of analysis. EMSL beers no responsibility for sample collection activities or anall1 cal melhod limitations. trite at and use of test resutls are the responsibility of me client is by EMSL MiI0as (NVLAP #l0lo48 -3) ill, hA11611ki ,i 109 EMSL Analytical, Inc 382 South Abbott Avenue, Milpitas, CA 95035 Phone: (408)934- 7010 Fax: (408)934-7 0 15 Email: ml 1pitaslab(@.omsl.com Attn: David Watts Customer ID: GECN21 Geocon Customer PO: 2356 Research Drive Livermore, CA 94550 Received: 03/12/04 10:30 AM Fax: Phone: (925) 371 -5900 EMSL Order: 090400895 Project: 09100 -06 -96 EMSL Proj: Analysis Date: 3/22/04 Asbestos Analysis of Bulk Materials via EPA 600/R- 931116 Method using Polarized Light Microscopy Non - Asbestos Asbesto s Sample Location Appearance Treatment % Fibrous % Non - Flbrous % Type 8B MASTIC Floor tiles Tan Dissolved 100% Non - fibrous (other) None Detected 090400895-0044 Non - Fibrous Layers: 2 8C FLOOR TILE Floor tiles Not Analyzed 0904008950024 8C MASTIC Floor tiles Tan Dissolved 100% Non - fibrous (other) None Detected 090400895-0045 Non- Fibrous Layers: 2 9A BASE COVING Base Coving Black Dissolved 100% Non - fibrous (other) None Detected 0904001195-0025 Non- Fibrous Layers: 2 9A MASTIC Base Coving Tan Dissolved 100% Non - fibrous (other) None Detected 090400895 -0046 Non- Fibrous Layers: 2 9B BASE COVING Base Coving Black Dissolved 100% Non - fibrous (other) None Detected 090400895-0026 Non- Fibrous Layers: 2 9B MASTIC Base Loving Tan Dissolved 100% Non - fibrous (other) None Detected 090400895.0041 Non - Fibrous Layers: 2 9C BASE COVING Base Coving Black Dissolved 100% Non - fibrous (other) None Detected 0p0400895.0027 Non- Fibrous Layers: 2 9C MASTIC Base Coving Tan Dissolved 100% Non - fibrous (other) None Detected 0904008950046 Non - Fibrous Layers: 2 Analyst(s) O / Lynn Keller (51) or other approved signatory Cue to mag*icalion limitations inhwani in PLM, asbestos Lbws in dimensions below the resolution capability of PLM may not be detected. Samples reported as 0% or none detected may require tional Wring by TEM to canrrm asbestos quantities. The above lest report relates only b the gems tested and may not be reproduced in any form without the express wit nap vsl d EMSL Analytical, Inc. EMSL'a l orb lily is limited to lr,e cost of analysis, EMSL Dears no responsibility for sample colleUion ad vibes or analytical method Ilmttations. In[ etali and use of test results we the responsibility of the client. An is pe armed by EMSL Milpitas (NVLAP 0101048.3) JL 1. VA 110 EMSL Analytical, Inc 382 South Abbott Avenue, Milpitas, CA 95035 Phono: (408) 934.7010 Fax: (408) 934 -7015 Email: milpitaslabiaiemsi.com Attn: David Watts Customer ID: GECN21 Geocon Customer PO: 2356 Research Drive Livermore, CA 94550 Received: 03112/04 10:30 AM Fax: Phone: (925) 371 -5900 EMSL Order 090400895 Project: 09100 -06 -96 EMSL Proj: Analysis Date: 3122104 Asbestos Analysis of Bulk Materials via EPA 600/R- 931116 Method using Polarized Light Microscopy Non - Asbestos Asbestos Sample Location Appearance Treatment % Fibrous % Non- Fibrous % Type 10A Wall panels (Int Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400895-0028 walls/ceiling) Fibrous Dissolved Heterogeneous 10B Wall panels (Int TanA/Vhite Teased 95% Cellulose 5% Non- fibrous (other) None Detected 090400&95-0029 walls /ceiling) Fibrous Dissolved Heterogeneous 10C Wall panels (Int Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400895-0030 walls / ceiling) Fibrous Dissolved Heterogeneous 11A Duct tape Cream Teased 90% Cellulose 10% Non - fibrous (other) None Detected 090100895-0031 Fibrous Dissolved Heterogeneous 11 B Duct tape Cream Teased 90% Cellulose 10% Non - fibrous (other) None Detected 090400895-0032 Fibrous Dissolved Heterogeneous 111C Duct tape Cream Teased 90°% Cellulose 10% Non - fibrous (other) None Detected 0904008950033 Fibrous Dissolved Heterogeneous 12A GYPSUM Gypsum Board Tan/White Teased 15% Cellulose 85 % Non - fibrous (other) None Detected BOARD systems Fibrous Crushed I 090400995-0034 Dissolved Layers: 2 12A JOINT Gypsum Board Cream Crushed 100% Non - fibrous (other) None Detected COMPOUND systems Non - Fibrous Dissolved 090400895-0049 Layers: 2 128 GYPSUM Gypsum Board Tani9Nhite Teased 15% Cellulose 85% Non - fibrous (other) None Detected BOARD systems Fibrous Crushed 0904008954035 Dissolved Layers: 2 Analyst( "l Lynn Keller (5 1) 0 or other approved signatory I Due to rnspuricsoon imitations inherent in PLM, asbestos fibers in dimensions below the resolution capabAAlr of PLM may not be detected. Samples reported as <t % or none detected mwaytequiteleddilional testing by TEM to confirm asbestos quantities. The above test report relates only to We items tested end may not be reproduced in any form without the express l wrilinappiiivaldINISLAnaVical, Inc. EMSUs liability is limited to the cost of analysis. EMSL bears no responsfbirAy fa sample collection activities or analytical method limitations. In tali and use o( test results ere 901 responsibility of 010 diem An isp edbyEMSLMi 1pitas(i4VLAPMt0f048.3) - 5— — 111 EMSL Analytical, Inc 382 South Abbott Avenue, Milpitas, CA 95035 Phone: (408) 934.7010 fax: (408) 934.7015 Enralt: milpitaslab@,elnal.com 41 Attn: David Watts Customer ID: GECN21 Geocon Customer P0: 2356 Research Drive Livermore, CA 94550 Received: 03712/04 10:30 AM Fax: Phone: (925) 371 -5900 EMSL Order: 090400895 Project: 09100 -06 -96 EMSL Proj: Analysis Date: 3122104 Asbestos Analysis of Bulk Materials via EPA 6001R- 931116 Method using Polarized Light Microscopy Non- Asbestos Asbestos Sample Location Appearance Treatment % Fibrous % Non - Fibrous % Type 126 JOINT Gypsum Board Cream Crushed 100% Non - fibrous (other) None Detected COMPOUND systems Non- Fibrous Dissolved 09040099-5-0050 Layers: 2 12C GYPSUM Gypsum Board TanlWhite Teased 15% Cellulose 85% Non - fibrous (other) None Detected BOARD systems Fibrous Crushed 090400895.0036 Dissolved Layers: 2 12C JOINT Gypsum Board Cream Crushed 100% Non - fibrous (other) None Detected COMPOUND systems Non - Fibrous Dissolved 090400895 -005f Layers: 2 13A Wall panels Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400895.0037 (perimeter walls) Fibrous Dissolved Heterogeneous 138 Walt panels Tan/White Teased 95% Cellulose 5% Non - fibrous (other) None Detected 0904008950038 (Perimeter walls) Fibrous Dissolved Heterogeneous 13C Wall panels TanNVhlte Teased 95% Cellulose 5% Non - fibrous (other) None Detected 090400895-0039 (perimeter walls) Fibrous Dissolved Heterogeneous Analyst(s) Lynn KaJJer (51) or other approved signatory Due to mapnlficauon limitations inherent in PLK asbestos fibers in dimensions below the resolution capability of PLM may not be defected. Samples reported as :I% or none delaUed may require itional lestvV by TEM to confirm asbestos Quantities. The above test report relates ony to the items tested and may not be reproduced in any form wilhout the express I writ n app, val of EM6L Analytical, Inc. EMSL's liability is limited to the cost of analysis. EMSL bears no responsibility for ,ample collection ectivitias or analytical malhod limitations. lnl tali and use of test results are the responsWity of the client. An s pe armed by EMSL Milpitas (NVLAP 0101048.9) FSTwr -jry -4 1 NIJ 1J 1 Mr- LAJ t PAUL_ Ut- I Mr- KtVUK I . 112 APPENDIX 113 QQ 09U00" Clli�l4 Qf, r�oay rQCm Project No.: DTT 2166-C�' / 6 Client Name: sr� E-flrJ _ D Analyze sample sets un!11 1as1(1ve Yc O No Report Rcsu[Is to: 'D .,Office Location: L 1&-9kn Analytical Fee (ptrl••pla; f r Li17 R1(e {s} 1p5pecfe(1: /p aaa.0 Consultants Ph. N: (925} 3�1-' r�9p0 Consultants Fax tl: (925) 3,//% 'c7. r9) s� Other Comments: SlteName: oQ��i� -;p�C 6u11d1ngNO. �� /' L`.y.I -, Site Address: r � 11g l�Fi.sTNR1�9 Cal.a,,,T T- —` • watt( ,y()<�erUtber CFi ` Ccamle (loaf dle VouVmutie (M) ACOU - Tcaturcd saann eat (rpnyedj (Sj -. F `. 4 r Flow uutaia)'Gracric(AQ DDM . Dal.board a astir (M) FAN$ r Flaor nuti4l,f) - CM - Cali., (unlpecirted type) (Ill Fr, . 4 Vinyl t.ntpe.ite tae floor (M) CS - CONS (wspecified type) (S) 1 F'S ' - Vinyl eanposit. then Doti (M) Cr •• Ceilrwa Pend . r..y -l. (Af) _ FLC , -! floor (crdiaj compou.J ().t) CABS - rcil;n( mask (AI) jeRa - Tgraaa (1"";AR (N) Cr - Cilia= the - Spumd «.all.d (M) • ;Y� rte..... CTG CcIliy file. Glud(M) • .,y CWT - Cetusie wall life: grow h rnUlie(hl) '� .�` =`'r' _ DEDM Oebris (u.speelfid) Ihli . PIDCW PIDf Plllflw - Pipe tysulotiva• lS ►ip�1Atrr roa n tc�. t STUC - Stueco(S) nl - Duelitn.l.d.wt(TSfI MILPITAS, CA P:p(1 u e n - ►i FP - SuuelurA fieeproorirti (s) MAN! - )iVAC - n tt juial ta) dce npouad (hfl P15TM I n 1. TRAM - t, -uitr pan.) (M) DFLEX - AC - Fl,.%We d"Unca duct joint (hl) PTRAtj - Pi� t it (M) 1d TX - Sur(aee featuring ce wallsh -illAg (S) W hf ' - Wall twupeditcd type) ( ►1) DFLPE leek. equips t - flue huulation (7 •' 1e MAR �S c� 50 • () ' MAR Z �U ws - wdl(wttpeerdlype)(s) INgwo M. wT - w+lltiie- Spii.cJOr.a:IrJ(A() W`TG - Wall file .G1ucdonIM) + —_� ■ ■ME■ ■E■ ■ ■E ONO ►:!:1►'4.E■■■■ ■ ■■■■ :. ■ ■ ■M ■ ■ ■■ ■■ ®► �► �►:�■■■■ ■■ ■■■■■ oom NJ IN ISMEMMUFAIWANK.9h4i NOMMENS ■■■■ IN ■�►. v ► .■ ■M■MOU SON OMEN +►:t ■■■■EEE 1101MENM■100MA ■■■E■■t■M■N MEN O&O ■SOMME Mt■ a■■■■■■■■■■■ M►-�►�►�■ ■■■SOME■ ■■■■■ ■■■ ■■■Ue ©►J = t■■■■■■■■■■■ :. - 1�, SUMO■■ ■■■ ME a © ►.�►_�►.� ■■ EMHOME'. , , . ■■E■ ■I ■ ■■ ■ E ■ ■ INN ■ Et ■ ■■� aSMMO ■MSS a ■ ■■ ■■■tat ■■ammo■■■ Adinquislit:4 b), fling HxMC: � . , ,. , , . a , .. ,. • watt( ,y()<�erUtber CFi ` Ccamle (loaf dle VouVmutie (M) ACOU - Tcaturcd saann eat (rpnyedj (Sj -. F `. 4 r Flow uutaia)'Gracric(AQ DDM . Dal.board a astir (M) FAN$ r Flaor nuti4l,f) - CM - Cali., (unlpecirted type) (Ill Fr, . 4 Vinyl t.ntpe.ite tae floor (M) CS - CONS (wspecified type) (S) 1 F'S ' - Vinyl eanposit. then Doti (M) Cr •• Ceilrwa Pend . r..y -l. (Af) _ FLC , -! floor (crdiaj compou.J ().t) CABS - rcil;n( mask (AI) jeRa - Tgraaa (1"";AR (N) Cr - Cilia= the - Spumd «.all.d (M) • ;Y� rte..... CTG CcIliy file. Glud(M) • .,y CWT - Cetusie wall life: grow h rnUlie(hl) '� .�` =`'r' _ DEDM Oebris (u.speelfid) Ihli . PIDCW PIDf Plllflw - Pipe tysulotiva• lS ►ip�1Atrr roa n tc�. t STUC - Stueco(S) nl - Duelitn.l.d.wt(TSfI MILPITAS, CA OFM - of%. friable malerial (M) P)e)rrin FI - Fitting insuhtion pype rwt 1peeilleJl tTSll MGSICT - !•tech. ggaipment•Guket Iht) AF OFS • - OiWhi►blr,nat.6 -1(S) FICIIW - F +lint- aJledwa,crsys1cm(TS(1 MTM412 - 6(ech equ;pmew-Tankinmluiw(TSll AFA(i GNP►( - Otha &cnrrhblc maori.l (M) FICON Finis,. ('o.dsnsat. (TSf) PI - Pipe i/tlulatioA Irype eoi speciftcd) (fSl) RI'AT ONFS - Otbcrao.reiablemataials(S) FIOCW - FrdinA- Oontcnrtowwa,etTSq •• t� PICIIW - ► ipeimulatiao- CT(Iledwatereystem(1SQ PHIS ►L - Nasw(wafloreeW.e)IS) FIDflW F•ptinR•11.,xs1k[ust,eotctlTSit PI .- Pipelmulul.a•Cmdcniac(1,511 Rff1.T sllA - Sb.taeck (na joint eampound) M) SIIRJC - S ►av «k with joist eampwad (Mj F11111W FY1inR • I lrstm5 hot .a,ir (TSn FISThI - Fitti.,- Stiantitsf►. PIDCW PIDf Plllflw - Pipe tysulotiva• lS ►ip�1Atrr roa n tc�. t STUC - Stueco(S) nl - Duelitn.l.d.wt(TSfI P:p(1 u e n - ►i FP - SuuelurA fieeproorirti (s) MAN! - )iVAC - n tt juial ta) dce npouad (hfl P15TM I n 1. TRAM - t, -uitr pan.) (M) DFLEX - AC - Fl,.%We d"Unca duct joint (hl) PTRAtj - Pi� t it (M) 1d TX - Sur(aee featuring ce wallsh -illAg (S) W hf ' - Wall twupeditcd type) ( ►1) DFLPE leek. equips t - flue huulation (7 •' 1e MAR �S c� 50 • () ' MAR Z �U ws - wdl(wttpeerdlype)(s) ist i G� (S) . ;'j � wT - w+lltiie- Spii.cJOr.a:IrJ(A() W`TG - Wall file .G1ucdonIM) + —_� • Awfinr utslerul (till • Asp)ultanJrrnrllhl) • Atplull htJl tik (hl( • flashing (hll • Fch nu,crial Ih(1 R:Z'f 1hrcttype )hl) - Trensite tNngle (hl) I.Y cNancWC �� Sert]ring mucr6l Thermal Sy,tem . lnrulatiun March 17, 2004 Dave Watts Geocon Environmental 2356 Research Drive Livermore, CA 94550 TEL: (925) 785 -5340 FAX: (925) 371 -5915 RE: MOORPARK CT, 09100 -06 -96 Attention: Dave Watts o MU IE TT M APR 0 9 2004 ELAP No.: 1838 NELAP No.: 02107CA Workorder No.: 067760 Enclosed are the results for sample(s) received on March 10, 2004 by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (562)989 -4045 if I can be of finther assistance to your company. Sincerely, Eddie F. Rodri ez Laboratory % ector This cover letter is an integral part of this analytical report. 1 of 5 Advanced Technology. Laboratories 3275 Waliwi Avenue Signal Hill, CAS 90755 Tel: 562 989 -4045 Fax: 562 989 -10 f Advanced Technology Laboratories Date: 17- Mar -04 CLIENT: Geocon Environmental Lab Order: 067760 Project: MOORPARK CT, 09100 -06 -96 Lab ID: 067760 -001 Collection Date: 3/10/2004 10:00:00 AM Client Sample ID: P1 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60908 RuND: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 120000 400 mglKg 100 3116/2004 Lab ID: 067760 -002 Collection Date: 3/10/2004 10:15:00 AM Client Sample ID: P2 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 6010B RurtlD: ICP5 O40316C QC Batch: 17405 PrepDate 3115/2004 Analyst: RQ Lead 1000 4.0 mg/Kg 1 3/16/2004 Lab ID: 067760 -003 Collection Date: 3/10/2004 10:30:00 AM Client Sample ID: P3 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60108 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 160000 440 MqN 100 3/16/2004 Lab ID: 067760 -004 Collection Date: 3/10/2004 10:45:00 AM Client Sample ID: P4 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 6010E Runlp: ICP5 040316C QC Batch: 17405 PrepDate 3/1512004 Analyst: RQ Lead 1600 4.0 mg/Kg 1 3/16/2004 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantization limits R - RPD outside accepted recovery limits B - Analyte detected in the associated Method Blank E - Value above quantization range • - Value exceeds Maximum Contaminant Level H- Sample excelling holding time Results are wet unless othewise specified 2of5 Advanced Technologv. LahorTec ics 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989 fg40 Advanced Technology Laboratories Date: 17- Mar -04 CLIENT: Geocon Environtnental Lab Order: 067760 Project: MOORPARK CT, 09100 -06 -96 Lab ID: 067760 -005 Collection Date: 3/10/2004 11:00:00 AM Client Sample ID: P5 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS ICP METALS (EPA 3050A) EPA 60106 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 4130 4.0 mg/Kg 1 3/16/2004 Lab ID: 067760 -007 Collection Date: 3/10/2004 11:30:00 AM Client Sample ID: P7 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60106 RunlD: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 610 4.0 mg /Kg 1 3/16/2004 Lab ID: 067760 -008 Collection Date: 3/10/2004 12:00:00 PM Client Sample ID: P8 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60108 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 5900 4.0 mg /Kg 1 3/16/2004 Qualiflers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits B - Analyte detected in the associated Metbod Blank E - Value above quantitation range "- Value exceeds Maxim urn Contaminant level H- Sample exceding holding time Results are wet unless othewise specified 3of5 k% Advanced Technologi, Labo?utories 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989 -1149 (EPA 3050A) EPA 601013 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 250000 440 mg /Kg 100 3/16/2004 Lab ID: 067760 -006 Collection Date: 3/10/2004 11:10:00 AM Client Sample ID: P6 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60106 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 4130 4.0 mg/Kg 1 3/16/2004 Lab ID: 067760 -007 Collection Date: 3/10/2004 11:30:00 AM Client Sample ID: P7 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60106 RunlD: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 610 4.0 mg /Kg 1 3/16/2004 Lab ID: 067760 -008 Collection Date: 3/10/2004 12:00:00 PM Client Sample ID: P8 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 60108 RunID: ICP5_040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 5900 4.0 mg /Kg 1 3/16/2004 Qualiflers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits B - Analyte detected in the associated Metbod Blank E - Value above quantitation range "- Value exceeds Maxim urn Contaminant level H- Sample exceding holding time Results are wet unless othewise specified 3of5 k% Advanced Technologi, Labo?utories 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989 -1149 Advanced Technology Laboratories Date: 17- Mar -04 CLIENT: Geocon Environmental Lab Order: 067760 Project: MOORPARK CT, 09100 -06 -96 Lab ED: 067760 -009 Collection Date: 3/10/2004 12:30:00 PM Client Sample ID: P9 Matrix: PAINT Analyte Result PQL Qual Units DF Date Analyzed ICP METALS (EPA 3050A) EPA 6010E RunlD: ICP5 040316C QC Batch: 17405 PrepDate 3/15/2004 Analyst: RQ Lead 150 4.0 mg /Kg 1 3/16/2004 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike Recovery outside accepted recovery limits J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits B - Analyte detected in the associated Method Blank E - Value above quantitation range ' - Value exceeds Maximum Contaminant Level H- Sample excelling holding time Results ate wet unless othewise specified 4 of 5 Advanced Technology La6orator ies 3275 Walnut Avenue Signet/ Hill, CA 90755 Tel: 562 989 -4045 fax: 562 989 - 41108 2�p Advanced Technology Laboratories Date: 17- Mar -04 CLIENT: Geocon Environmental ANALYTICAL QC SUMMARY REPORT nWork Order: 067760 o Project: MOORPARK CT, 09100 -06 -96 TestCode: 6010�S CS �• Sample ID MS -17405 SampType: MBLK TestCode: 6010_S Units: mgfKg Prep Date: 311512004 Run ID: ICP5_040316C ti O o Client ID: 77777 Batch ID: 17405 TestNo: EPA 60108 (EPA 3050A) Analysis Date: 311612004 SegNo: 536603 -e Analyte Result PQL SPK value SPK Ref Val %REC LowLlmit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead NO 1.0 w Sample ID LCS -17405 SampType: LCS TestCode: 6010 S Units: mg/Kg Prep Date: 3115/2004 Run ID: ICPS O40316C Client ID: 7m7 Batch ID: 17405 TestNo: EPA 60108 (EPA 3050A) Analysis Date: 3/16/2004 SegNo: 536604 ti � z Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead 44.6 1.0 50 0 89.2 80 120 0 0 h 2 Sample ID 067760 -007AMS SampType: MS TestCode: 6010_S Units: mg/Kg Prep Date: 3115/2004 Run 1D: ICP5_040316C Client ID: P7 Batch ID: 17405 TestNo: EPA 6010E (EPA 3050A) Analysis Date: 3/16/2004 SegNo: 536615 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead 939.7 4.0 500 611.5 65.7 47 125 0 0 y Sample ID 067760 -007AMSD SampType: MSD TestCode: 6011Q _S Units: mg/Kg Prep Dale: 3/15/2004 Run ID: ICP5 040316C bo Client ID: P7 Batch ID: 1T405' TestNo: EPA 60108 (EPA 3050A) Analysis Date: 3116/2004 SegNo: 536616 v Analyte Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Vaf %RPD RPOLlmit Qual Lead 947.2 4.0 500 611.5 67.2 47 125 939.7 0.791 20 Sample ID 067760 -007ADUP SampType: OUP TestCode:. 6010_S Units: mgfKg Prep Date: 3/15/2004 Run ID: ICP5_040316C N Client ID: P7 Batch ID: 17405 TestNo: EPA 60108 (EPA 3050A) Analysis Date: 3/16/2004 SegNo: 536614 N Analyte Result PQL SPK value SPK Ref Val %REC Lowt-imit HighLimit RPD Ref Val %RPO RPDLimit Qual A �+ Lead 544.7 4.0 0 0 0 0 0 611.5 11.5 20 e h ON N o� Qualifiers: ND - Not Detected at the Reporting limit S - Spike Recovery outside accepted recovery limits DO- Surrogate dilute out J - Analyze detected below quantitation limits B - Analyte detected in the associated Method Blank H - Sample exceeded holding time VE R - RPD outside accepted recovery limits Calculations are based on raw values Poge 1 of 1 5of5 March 26, 2004 D 19 ( . 13 9 �F7 �d 1 APR 0 9 2NA J Dave Watts Geocon Environmental 2356 Research Drive Livermore, CA 94550 TEL: (925) 785 -5340 FAX: (925) 371 -5915 FLAP No.: 1838 RE: MOORPARK CT, 09100 -06 -96 NELAP No.: 02107CA Attention: Dave Watts Workorder No.: 067760 Enclosed are the results for sample(s) received on March 10, 2004 by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (562)989 -4045 if I can be of ftuther assistance to your company. Sincerely, Eddie F. 8u ez Laborato Director This cover letter is an integral part of this analytical report. Advanced Technology Labor alor ies 1 of 5 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989-j" Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 1 of 2 2 of 5 Advanced Technology Laboratories 3275 Wabtui Avenue Signal Hill, CA 90755 Tel.-562989-4045 Fax: 562 98914_0410 Advanced Technology Laboratories Date: 3/26/2004 LEAD BY ATOMIC ABSORPTION WET/ EPA 7420 CLIENT: Geocon Environmental Lab Order: 067760 Project: MOORPARK CT, 09100 -06 -96 Date Received: 3/10/2004 7:30:0 Project No: Matrix: Paint PO No: Analyst: NS Laboratory Client Sample Results Units QC Batch PQL DF Date Date ID ID Collected Analyzed 067760 -006A P6 11 mg/L 836369 0.5 2 3/10/2004 3/24/2004 067760 -007A P7 8.8 mg/L R36369 0.25 1 3/10/2004 3/24/2004 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 1 of 2 2 of 5 Advanced Technology Laboratories 3275 Wabtui Avenue Signal Hill, CA 90755 Tel.-562989-4045 Fax: 562 98914_0410 Qualifiers: ND - Not Detected at the Reporting Limit S - Spikc/Surrogate outside of limits due to tuatrix interfere I - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quautitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 2 oj2 3of5 Advanced Technology IaGorolories 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989-d(14 (12 Advanced Technology Laboratories Date: 3/26/2004 LEAD BY ATOMIC ABSORPTION EPA 1311/ 7420 CLIENT: Geocon Environmental Lab Order: 067760 Project: MOORPARK CT, 09100 -06 -96 Date Received: 3/10/2004 7:30:0 Project No: Matrix: Paint PO No: Analyst: NS Laboratory Client Sample Results Units QC Batch PQL DF Date Date ID ID Collected Analyzed 067760 -OOIA P1 120 mg/L 17535 5 20 3/1012004 3/25/2004 067760 -002A P2 ND mg/L 17535 0.42 1 3/10/2004 3/25/2004 067760 -004A P4 ND mg/L 17535 0.25 1 3/10/2004 3/25/2004 Qualifiers: ND - Not Detected at the Reporting Limit S - Spikc/Surrogate outside of limits due to tuatrix interfere I - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quautitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 2 oj2 3of5 Advanced Technology IaGorolories 3275 Walnut Avenue Signal Hill, CA 90755 Tel: 562 989 -4045 Fax: 562 989-d(14 (12 S' pAdvanced Technology Laboratories Date: 26- Mar -04 CLIENT: GeoconEnvironmental ANALYTICAL QC SUMMARY REPORT Work Order: 067760 Project: MOORPARK CT, 09100 -06 -96 TestCode: 7420 ST �. s Sample ID MB -17496 SampType: MBLK TestCode: 7420 ST Units: mg /L Prep Date: Run ID: AA2 040324B N � c' Client ID: 7777 Batch ID: R36369 TestNo: WET/ EPA 74 Analysis Date: 3124/2004 SegNo: 539679 Analyte Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead ND 0.25 w Sample ID MB- 17496A SampType: MBLK TestCode: 7420_ST Units: mg/L Prep Date: Run ID: AA2_040324B Client ID: 77777 Batch ID: R36369 TestNo: WET/ EPA 74 Analysis Date: 3/24/2004 SegNo: 539580 i; Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual a Lead ND 0.25 Sample ID LCS -17496 SampType: LCS TestCode: 7420 _ST Units: mg /L Prep Date: Run ID: AA2_040324B Cl) Client ID: 777.7 Batch ID: R36369 TestNo: WET/ EPA 74 Analysis Date: 312412004 SegNo: 539581 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qua] T Lead 5.236 0.25 5 0 105 80 120 0 0 y Sample ID 067760- 006AMS SampType: MS TestCode: 7420 ST Units: mgfL Prep Date: Run ID: AA2_040324B 0 Client ID: P6 Batch ID: R36369 TestNo: WET/ EPA 74 Analysts Date: 3/24/2004 SegNo: 539584 v Analyte Result PQL SPK value SPK Ref Val %REC Lowt-imit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead 15.75 0.50 5 10.84 88.1 70 130 0 0 Sample ID 067760 -006AMSD SampType: MSD TestCode: 7420 ST Units: mg /L Prep Date: Run ID: AA2_0403248 N Client ID: P6 Batch ID: R36369 TestNo: WET/ EPA 74 Analysis Date: 3/24/2004 SegNo: 539585 o� 10 a Analyte Result PQL SPK value SPK Ref Val %REC LowUmit HighLimit RPD Ref Val %RPD RPDLimit Qual 0 �n Lead 15.57 0.50 5 10.84 94.6 70 130 15.75 1.12 20 a r ON N Qualifiers: ND - Not Detected at the Reporting limit S - Spike Recovery outside accepted recovery limits DO- Surrogate dilute out J - Analyte detected below gaantitation limits B - Analyte detected is the associated Method Blank H - Sample exceeded holding time R - RPD outside accepted recovery Emits Calculations are based on raw values Page I of 2 4 of 5 rtlp CLIENT: Geocon Environmental a Work Order: 067760 Project: MOORPARK CT, 09100 -06 -96 a o S' � o Z ANALYTICAL QC SUMMARY REPORT► TestCode: 7420_TC Sample 10 MS -17535 SampType: MBLK TestCode: 7420_TC Units: mg /L Prep Date: 3/25/2004 Run 1D: AA2 0403256 Client ID: 77777 Batch ID: 17535 TestNo: EPA 1311174 (EPA 3010A) Analysis Date: 3/25/2004 SegNo: 540708 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead ND 0.25 w N V Sample ID MB -17533 TCLP SampType: MBLK TestCode: 742C LTC Units: m911. Prep Date: 3/25/2004 Run ID: AA2_040325B Client 1D: 77777 Batch ID: 17536 TestNo:. EPA 1311174 (EPA 3010A) Analysis Date: 3125/2004 SegNo: 540709 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit, HighLimit RPD Ref Val %RPD RPDLimit Qual F- Lead ND 0.25 rn oc' Sample ID LCS -17535 SampType: LCS TestCode: 1420_TC Units: mg1L Prep Date: 3/25/2004 Run ID: AA2_0403258 Client 1D: 77777 Batch ID: 17535 TestNo: EPA 1311174 (EPA 3010A) Analysis Date: 3/25/2004 SegNo: 540710 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual Lead 1.02 0.25 1 0 102 80 120 0 0 Z n y e 0 v x.n Sample ID 067994- OOIAMS SampType: MS TestCode: 7420 TC Units: mg/L Prep Date: 312512004 Run ID: AA2_040325B Client ID: 7Z777 Batch ID: 17535 TestNo: EPA 1311174 (EPA 3010A) Analysis Date: 3/2512004 SegNo: 540715 Analyte Result PQL SPK value SPK Ret Val %REC LoW -imlt HighLimit RPD Ref Val %RPD RPDLimit Qual L-n Lead 2.776 0.25 2.5 0.1636 104 70 130 0 0 U c, N co Sample ID 067994 -OOIAMSD SampType: MSD TestCode:.7420 TC Units: mg /L Prep Date: 3125/2004 Run ID: AA2_0403256 Client ID: 77777 Batch ID: 17535 TestNo: EPA 1311174 (EPA 3010A) Analysis Date: 3/2512004 SegNo: 540716 Analyte Result PQL SPK value SPK Ref Val %REC Lowl-imit HighLimit RPD Ref Val %RPD RPDLimit Qual -a Lead 2.746 0.25 2.5 0.1636 103 0 d k N ,o Qualifiers: ND - Not Detected at the Reporting Limit S Spike Recovery outside accepted recovery limits xb J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank Q R - RPD outside accepted recovery limits Calculations are based on raw values 5 of 5 70 130 2776 1.06 20 DO- Surrogate dilute out H - Sample exceeded holding time Page 2 of 2 H ti v CHAIN OF CUSTODY RECORD Pg ! of , / Advanced Technology W Laboratories 3275 Walnut Avenue Signal Hill, CA 90755 (562) 989 -4045 • Fax (562) 989 -4040 FOR LABORATORY USE ONLY: P -0 -*: Method of Tr a rt Client ATL ❑ CA OverN 13 FEDEX O Other: Sample Condition Upon Receipt 1. CHILLED Y� N Q 4. SEALED Y O rL0 2. HEADSPACE (VOA) Y 4N Q 5.4OF SPLS MATCH COC Y [_'N 0 3. CONTAINER INTACT N C1 6. PRESERVED Y ❑ N;6 Logged By. Date: G'?Il0Y Client: GEOCON ENVIRONMENTAL Attn: D, Wp47-1s Address: 6970 Flanders Drive I TEL: ( 858) 558 -6100 city San Diego State CA zip code 92121 FAX: (8 5 8) 558-8437 Project Name: f% �/ ter- Project #: p Sampler: tP^^t Name) Signet& I ,aQ JG--! ,%4z � r G� OO —D%" / % 44-17--r Relinquished by: (sty aw,na P ewa N.m.) � Date: k& e Time: / �LLr, Received by: (sq' t ' 41" Date: ` Time: / vt, Q G3 [[��� Retinquis n.gNem.) Date 3rd 4 Time: Received by:{sgww.- 4r,weerr.me) y�J I ctl �y Date: y) ' ` Time: ' .Tj'� Relin uikhed by: (signature. d Phood Nwm) Date : Time: Received by: (signo.iv W1 Plimd N m.) Date: J Time: I hereby authorize ATL to perform the work indicated below. Project Mgr / bMMer. Prinqlame Oate Send Report To: �t Attn: S� to E7-,7 Bill To: Special Instructions/Comments: l 1 % o �hir9r ( /2C7t.Ll f'' D. (.�+';•1/� (L t/���?�. +Z� Attn: Address G State Zip Address city State Zi p Y s at re Sample/Records - Archival & Disposal Unless otherwise requested by client, all samples will be disposed 45 days after receipt and records will be disposed 1 year after submittal of final report. Storage Fees (applies when storage is requested): • Sample :$2.00 / sample / mo (after 45 days) • Records : $1.00 / ATL workorder / mo (after 1 year) Circle or Add SPECIFY APPROPRIATE Anslysis(es) G MATRIX Requested �o } ,g mgr` �4z, � ' ontaines) °ry ti� �`� °o ^'� hm o`v 2OJ # Type e4 �' a4 � � TAT YP z 0 > Lu a Q A 10 C RTNE ❑ CT Jj L O og ode I T LAB USE ONLY: Batch Sample Description OTHER _ E M Lab No. Sample I. D. / Location Date Time REMARKS ion O ln� `4 P 4�- 1 �� /G kilo P �v> vt 12�0 • TAT starts 8 a.m. following day if samples received after 3 p.m. TAT: A= Overnight 5 24 hr Emergency B Next Workda Critical C= 2 Workda s �- Urgent 3 Workda s E= Routine 7 Workda s Preservatives: H =Hcl N =HNO� S =H :SO. C =4'C Z= Zn(AC)r O =NaOH T= Na:S:O2 Container Types: T =Tube V =VOA L =Liter P =Pint J =Jar B= Tedlar ; G =Glass P= Plastic M =Metal Diane From: David Watts [watts @geoconinc.coml Sent: Thursday, March 18, 2004 4:15 PM To: Diane Cc: Bob Owoc Subject: Re: Results - Moorpark CT (067760) Diane, Please run TCLPs for P1, P2, & P4. Please run WETS on P6 & P7. (If P6 & /or P7 fail the WET & if you have enough paint remaining, please run the TCLP on P6 & /or P7.) Thanks! - - - -- Original Message - - - -- From: "Diane" <Diane @ATLGlobal.com> To: <watts @geoconinc.com> Sent: Wednesday, March 17, 2004 4:55 PM Subject: Results - Moorpark CT (067760) > Hi Dave, > <<067760.pdf>> > Thanks, > Diane Galvan > Advanced Technology Laboratories > Voice: 562.989.4045 ext 238 > Fax : 562.989.4040 > e -mail: Diane @ATLGlobal.com > www www.ATLGlobal.com > 1 126 ATTACHMENT 2 RESOLUTION NO. 2009 — A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ( "AGENCY "), CALIFORNIA, AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY APPROPRIATING $12,870.00 FROM THE MRA 2001 TAX ALLOCATION BOND PROCEEDS FUND (2904) FOR DEMOLITION OF FORMER CALTRANS YARD (APN 506 -0- 050 -080) WHEREAS, on July 1, 2009, the Board of Directors adopted the Agency budget for Fiscal Year 2009/2010; and WHEREAS, the Agency desires to demolish the buildings located at the former Caltrans Yard on Los Angeles Avenue; and WHEREAS, a budget amendment is needed to fund the demolition of these buildings. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $12,870.00 from the MRA 2001 Tax Allocation Bond Proceeds Fund (2904), as more particularly described in Exhibit "A ", attached hereto, is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of October, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment Detail 127 EXHIBIT A BUDGET AMENDMENT FOR MRA 2001 TAX ALLOCATION BOND PROCEEDS TO FUND DEMOLITION OF FORMER CALTRANS FACILITY FY 2009/2010 FUND ALLOCATION FROM: Fund Account Number Amount Amended Budget 2904 - 2410 - 5063 -9611 $ - 2001 Tax Allocation Bond Proceeds 2904 -5603 $ 12,870.00 Total $ 12,870.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2904 - 2410 - 5063 -9611 $ - $ 12,870.00 $ 12,870.00 Total $ - $ 12,870.00 $ 12,870.00 Approved as to Form: 128