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AG RPTS 2009 0617 RDA REG
„( E8TABLmKl; * j MAGI 11L My L Resolution No. 2009 -213 VW OFF REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, JUNE 17, 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 Regular Meeting of May 6 2009. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of May 20 2009. Staff Recommendation: Approve the minutes. C. Consider Authorization of Recordation of Notice of Completion for Demolition of 484 Charles Street. Staff Recommendation: Authorize the Agency Secretary to file the Notice of Completion, and release the project bonds as outlined in the agenda report. (Staff: David Moe) D. Consider Resolution Amending the Redevelopment Agency By -Laws and Rescinding Resolution No. 99 -89. Staff Recommendation: Adopt Resolution No. 2009- rescinding Resolution No. 99 -89. (Staff: Deborah Traffenstedt) Redevelopment Agency Agenda June 17, 2009 Page 2 5. CONSENT CALENDAR: (continued) E. Consider Resolution Adopting Loan Agreement between the City of Moorpark and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED REQUIRED (Staff: Ron Ahlers) F. Consider Award of Bid and Project Approval for the Demolition of 1063 and 1123 Walnut Canyon Road, 450 Charles Street and 661 Moorpark Avenue and Resolution Amending the Fiscal Year 2008/09 Budget. Staff Recommendation: 1) Approve the removal of 1063 and 1123 Walnut Canyon Road, 450 Charles Street and 661 Moorpark Avenue; 2) Award bid to Prime Demolition for $35,200, 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) G. Consider Granting Maintenance Easements to the Ventura County Watershed Protection District. Staff Recommendation: 1) Approve granting an expanded easement to the Ventura County Watershed Protection District; and 2) Authorize the Executive Director to execute any documents necessary to grant the expanded easement, subject to final language approval by the Executive Director and Agency Counsel. (Staff: David Moe) H. Consider Contract for Theater Management Services. Staff Recommendation: Approve contract for theater management services for a one year period beginning July 1, 2009, subject to final language approval by the Executive Director and Agency Counsel. (Staff: David Moe) 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: Redevelopment Agency Agenda June 17, 2009 Page 3 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 June 17, 2009 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, 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, June 17, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 12, 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 June 12, 2009. Maureen Benson, Assistant City Clerk 'dy: CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting e • ITEM 5.A. AGENCY OF THE CITY OF MOORPARK 6, 2009 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on May 6, 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 7:38 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Van Dam, and Chair Parvin. Absent: Agency Member Millhouse. Staff Present: Steven Kueny, Executive Director; 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. PUBLIC HEARINGS: None. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 3 -0. Agency Member Millhouse absent. A. Consider Minutes of Regular Meeting April 1, 2009. Staff Recommendation: Approve the minutes. B. Consider Agreement with Urban Futures, Inc. for Professional Consulting Services for the Preparation of a 2010 -2014 Redevelopment Implementation Plan. Staff Recommendation: 1) Approve an Agreement for Professional Services with Urban Futures, Inc. for a not -to- exceed fee 001 Minutes of the Redevelopment Agency Moorpark, California Page 2 May 6, 2009 of $25,000.00 plus reimbursable expenses, subject to final language approval by the Executive Director and Agency Counsel; and 2) Authorize the Executive Director to execute the Agreement on behalf of the Agency. C. Consider Resolution Amendina the Fiscal Year 2008/09 Budaet to Fund the Loan Agreement in the Amount of $350,000.00 with the Area Housing Authority of the County of Ventura for Predevelopment Expenses. Staff Recommendation: Adopt Resolution No. 2009 -210. ROLL CALL VOTE REQUIRED 7 CLOSED SESSION: None was held. 8 ADJOURNMENT: Chair Parvin adjourned the meeting at 7:39 p.m. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 002 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of- ,�- i �,, :u LREDEVELOPMENT BY. ITEM 5.13. AGENCY OF THE CITY OF MOORPARK 20, 2009 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on May 20, 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 7:32 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; 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. PRESENTATION /ACTION /DISCUSSION: A. Consider AoDrovina an Agreement with the Buxton Comoanv _ for Professional Economic Development Consulting Services and Resolution Amending the Fiscal Year 2008/09 Budget for Preparation of a Retail Economic Development Strategy. Staff Recommendation: 1) Adopt Resolution No. 2009 -211, approving an amendment to FY 2008/09 Budget in the amount of $40,000.00; and 2) Authorize the Executive Director to execute the Professional Service Agreement for this transaction, subject to final language approval by the Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED Mr. Moe gave the staff report. In response to Council questions, Lisa Hill, Vice President of the Community ID Division of Buxton Company, 2651 South Polaris Drive, Fort Worth, Texas, stated they would include the Moorpark Chamber of Commerce in identifying merchandising opportunities. ,f i Minutes of the Redevelopment Agency Moorpark, California Page 2 May 20 2009 MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a motion to: 1) Adopt Resolution No. 2009 -211, approving an amendment to FY 2008/09 Budget in the amount of $40,000.00; and 2) Authorize the Executive Director to execute the Professional Service Agreement for this transaction, subject to final language approval by the Executive Director and Agency Counsel. The motion carried by unanimous roll call vote. B. Consider Thirty -Six Month Performance Review of the High Street Arts Center (HSAC). Staff Recommendation: Direct staff to continue operating the HSAC for an additional two years. Mr. Moe gave the staff report. The following individuals spoke in favor of the Agency continuing to operate the High Street Arts Center: David Kropp Rolland Petrello Tom Puckett Eliza Kropp Mary Schwaubauer Bill Poled Tim Saivar The following individuals spoke in opposition to continuing to fund the High Street Arts Center operation with Agency money. Ken Rayzor Darby Shields Theresa Hagman - Lawson Reeshe Tuomi Councilmember Mikos discussed: 1) Economic development as one of the central missions of the Redevelopment Agency and that in the Redevelopment Plan the focus is on using economic development funds primarily for revitalizing High Street, 2) Redevelopment funds are set aside to be used to support and maintain an asset in a redevelopment area when the private sector is unable do so; 3) The importance of promoting the arts and the way it stimulates the local economy and creates jobs; and 4) The agenda report documents the directives given to staff by the Agency Board in May 2008 and how all but two were accomplished. MOTION: Agency Member Mikos moved to direct staff to continue operating the High Street Arts Center following the "Professional General Manager Model" for an additional two years, with additional direction to evaluate the economic and practical feasibility of implementing some or all of the goals listed in the agenda MW Minutes of the Redevelopment Agency Moorpark, California Page 3 May 20, 2009 report, taking into account special consideration for the staffing and funding requirements that may be associated with each listed goal. Councilmember Van Dam discussed: 1) The City through the Agency wants the theater to succeed and supports the arts, which is why they purchased the theater; 2) Attendance is declining at the theater and it is losing money despite the changes implemented over the last 18- months; 3) What management model will work for Moorpark? 4) Redirecting this subject to the Ad Hoc Committee; 5) Including the newly elected Councilmember's input in this decision; and 6) Redevelopment funds may be used to support the theater, but to what extent should this continue. Mayor Parvin stated: 1) The newly seated Arts Commissioners and upcoming formation of the Moorpark Community Arts Foundation will certainly enhance efforts to increase attendance at the theater; and 2) Holding a community meeting would allow for more input and move this in the right direction. Councilmember Millhouse stated: 1) A successful arts program in the City is everyone's goal; 2) Attracting theater patrons is difficult when there are not enough restaurants and retail businesses on High Street to make it a destination, at this time; 3) Making a profit is not the only criteria for judging success, transit systems and schools make no money; but no one is shutting them down; 4) Fine - tuning the theater operation and decreasing the cost of operation can make this successful; 5) More children's programs and participation from the community are needed; and 6) The Ad Hoc Committee should continue to work on this subject. Agency Member Millhouse seconded the motion. The motion carried by unanimous voice vote. C. Consider Proposed Operatina and Capital Improvement Budaet for Fiscal Year 2009/2010 Staff Recommendation: Receive the budget and set a workshop for either May 27 or June10, 2009. Mr. Kueny gave the staff report CONSENSUS: It was the consensus of the Agency Board to receive the proposed Operating and Capital Improvement Budget for Fiscal Year 2009/10 and set a budget workshop for 6:00 p.m. on June 10, 2009. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 005 Minutes of the Redevelopment Agency Moorpark, California Page 4 May 20 2009 A. Consider Second Amendment to the Design and Engineering Agreement between the Redevelopment Agency of the City of Moorpark and CVE Engineering and Resolution Amending the Fiscal Year 2008/09 Budget for Engineering Services. Staff Recommendation: 1) Adopt Resolution No. 2009 -212, approving an amendment to Fiscal Year 2008/09 Budget in the amount of $116,669.00; and 2) Authorize the Executive Director to execute the Design and Engineering Agreement for this transaction, subject to final language approval by Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED 7. CLOSED SESSION: None was held. 8. ADJOURNMENT: Chair Parvin adjourned the meeting at 9:11 p.m. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary MW CITY OF MOORPARK, CALIFORN :A Redevelopment Agency Meeting Of _ �i,- �1 - OOq ACTION: /.L-, n, ,s—o d aV. y- i s<� MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board FROM: David C. Moe 11, Redevelopment Manager BY: Jessica Sandifer, Management Anal s DATE: May 27, 2009 (Agency Meeting of 6/17/09) ITEM 5.C. SUBJECT: Consider Authorization of Recordation of the Notice of Completion for Demolition at 484 Charles Street BACKGROUND On November 19, 2008, the Agency Board awarded the demolition contract for 484 Charles Street to Draper Construction for $15,800 plus a 10% contingency for an overall budget of $17,380. Draper Construction has completed its work and staff is requesting that the Agency Board authorize the recordation of the Notice of Completion. DISCUSSION The work began Monday, February 2, 2008. All work was completed by February 27, 2009. With the Agency Board's authorization to record the Notice of Completion, the Agency Secretary's office will be authorized to release the project bonds in accordance with contract provisions as follows: Payment Bond shall be released six (6) months after the recordation of the Notice of Completion Performance Bond shall be released one (1) year after the recordation of the Notice of Completion. FISCAL IMPACT None. STAFF RECOMMENDATION Authorize the Agency Secretary to file the Notice of Completion, and release the project bonds as outlined above. Attachment 1: Notice of Completion 110l ATTACHMENT I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r NAME Redevelopment Agency STREET 799 Moorpark Avenue ADDRESS CITY Moorpark, CA 93021 STATE ZIP Attn: City Clerk/Agency Sec. L No Fee Required (Govt Code Sec 6103 & 27383' NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. ISee reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is Redevelopment Agency of the City of Moorpark 3. The full address of the owner is 799 Moorpark Avenue Moorpark CA A3021 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike 'In fee' and insert, for exarnple, 'purchaser under contract of purchase,' or 'Lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on February 27, 2009 The work done was: Demolition of one residential structure 8. The names of the contractor, if any, for such work of improvement was Draper Construction Ilf no contractor for work of January 12 2009 xnprovement as a whole, risen 'None') (Date of Contractl 9. The property on which said work of improvement was completed is in the City of Moorpark County of Ventura -,State of CA , and is described as follows: 512 -0- 081 -080 10. The street address of said property is 484 Charles Street (If no street address has been officially assigned, insert 'none'.) Dated (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent) Steven Kuenv Fxpcutivp nirpetnr VERIFICATION 1, the undersigned, say: I am the Executive Director the declarant of the foregoing Notice of Completion; (Presdent of, Manager of, Partner of, Owner of, etc.l I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 2009 at Moorpark , California Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult s lawyer �IN� WOLCOTTS FORM 1114 - (Price class 38) if you doubt the form's fitness for your purpose and use. Wdcotts makes N ■® NOTICE OF COMPLETION - Rev. 7 -99 no representation or warranty, express or implied, with respell to the 01999 WOLCOTTS FORMS, INC. merchantability or fitness of this form for an intended use or purpose. 67775 39114I� 5 H O ei CITY OF MOORPARK, CALIFORNIA Rodo'W apment Agency Meeting of w 711,kQ01 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Honorable Agency Board FROM: Deborah S. Traffenstedt, Secretary �5T DATE: June 1, 2009 (RDA Meeting of 6/17/09) ITEM 5.13 SUBJECT: Consider Resolution Amending the Redevelopment Agency By -Laws and Rescinding Resolution No. 99 -89 BACKGROUND On December 1, 1999, the Agency adopted Resolution No. 99 -89 which authorized the Secretary of the Agency to accept and consent to deed or grant conveying any interest in or easement upon real property to Agency that the Agency Board has approved. At that time, the regular meeting time was changed to 6:30 p.m. on the first and third Wednesday of each month, unless otherwise posted by the Secretary. The City Council meeting time was subsequently revised back to 7:00 p.m.; however, the Agency meeting time reference was not updated. DISCUSSION Staff is recommending the addition of language to the bylaws to add reference to the Assistant City Clerk as the Assistant Secretary to permit certain duties to be delegated by the Secretary to the Assistant Secretary. The Agency By -Laws should also be amended at this time to indicate the Agency Board's preference for calling the Agency meeting for 7:00 p.m. unless otherwise posted. There are other minor amendments and editorial revisions to the text of the resolution, including the reordering of titles to be consistent with other Agency records, which revisions are indicated in legislative format on the attached draft resolution. STAFF RECOMMENDATION Adopt Resolution No. 2009- , rescinding Resolution No. 99 -89. Attachment: Draft Resolution fig• RESOLUTION NO. 99- 892009- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING HE AGENGV SECRETARY TO ACCEPT AND CONSENT TO THE RECORDATION ORDATION OF DEEDS APPOINTING THE ASSISTAN Zvr-r-,�vr �v DEEDS, ESTABLISHING REVISED REGU AR MEETING TIMES AND ADOPTING AMENDED BY -LAWS OF SAID AGENCY AND RESCINDING RESOLUTION NO. 93 2- 999 -89 WHEREAS, the Agency adopted Resolution No. 93- 2099 -89, which established the amended Bylaws for the Agency on December 1 1999; and WHEREAS, the Redevelopment Agency of the City of Moorpark wishes to revise the Bylaws and rescind said Resolution No. 99 -89; and WHEREAS, Section 4 of Article II of the Bylaws appoints the City of Moorpark City Clerk as the Ageesy Secretary of the Agency, but does not gFaRt the SeGFetaFy authetity to and a revision is now proposed to add reference to the Assistant City Clerk as Assistant Secretary and permit the Secretary to delegate duties to the Assistant Secretary; and WHEREAS, it is on the publiG iRteFest that the SeGFetaFy be graRted authGF" aGGept and nnns°nt to deeds °r grants of real np°rh�TeFe d to the Arr°nnRQ WHEREAS, it is iR the PUbIiG;RteFe8t that the AssistaRt City MaRager of the City of WHEREAS, the regular Agency meeting, which was previously established as the first and third Wednesday of each month at 7.996:30 p.m. should now be non °echanged to be held the first and third Wednesday of each month at 81397:00 p.m., unless otherwise posted by the Secretary.-; and WHEREAS, other editorial revisions are proposed to also be incorporated into the Bylaws at this time. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Moorpark does hereby establish the following Bylaws for said Agency: ARTICLE I — THE AGENCY 1. Name of Agency. The name of the Agency shall be the "Redevelopment Agency of the City of Moorpark," in accordance with Ordinance No. 87. 010 Resolution No. 2009 - Page 2 2. Seal of Agency. The sSeal of the Agency shall be in the form of a circle and shall bear the name of the Agency and the year of its organization. 3. Office of Agency. The office of the Agency shall be at the City Hall of the City of Moorpark, California, or at such other place in said City as the Agency may from time -to- time designate by resolution. ARTICLE 11— OFFICERS 1. Officers. The officers of the Agency shall be a Chair, a Vice Chair, and Executive Director, an Assistant Executive Director, a General Counsel a Treasurer, a Secretary, and an Assistant Secretary.a Treasurer, and a General GOUR 2. Chair. The Mayor of the City of Moorpark shall be the Chair of the Agency. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency, the Chair shall sign all contracts, deeds, and other instruments made by the Agency. At each meeting, the Chair shall submit such recommendations and information as the Chair may consider proper concerning the business affairs and policies of the Agency. 3. Vice Chair. The Mayor Pro Tempore shall be the Vice Chair of the Agency. The Vice Chair shall perform the duties of the Chair in the absence, incapacity, resignation, or death of the Chair. 4. Executive Director. The City Manager of said City shall act as the Executive Director of said Agency. The Executive Director shall have general supervision of the administration of its business affairs, subiect to the discretion of the Agency_ 5. Assistant Executive Director. The Assistant City Manager of said City shall act as the Assistant Executive Director of said Agency. The Assistant Executive Director shall perform the duties of the Executive Director in the absence, incapacity, resignation or death of the Executive Director. 6. General Counsel. The City Attorney of said City shall act as a legal advisor to the _Agency and shall be known as the General Counsel, except that the Agency may employ Special Counsel to handle specialized legal work. Such Special Counsel shall cooperate with and report to the General Counsel. 7. Treasurer. The Treasurer of said City shall act as the Treasurer of said Agency. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. All the demands shall be presented and paid in substantially the same manner as other demands presented to and paid by the City. 011 Resolution No. 2009 - Page 3 8. Secretary. The City Clerk of said City shall act as the Secretary of the Agency. The Secretary shall keep the records of the Agency, shall act as Clerk for the meeting of the Agency and record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept in such purposes and shall perform all duties incident to the office. The Secretary shall affix SUGh seafthe Seal of the Agency to all contracts and instruments authorized to be executed by the Agency. The Ssecretary shall be aR be authorized to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to said Agency that the Agency Board has approved. 9. Assistant Secretary. The Assistant City Clerk of said City shall act as the Assistant Secretary of said Agency. The Secretary may delegate any of the assigned responsibilities of the Secretary position to the Assistant Secretary. The Assistant Secretary shall perform the duties of the Secretary in the absence, incapacity, resignation or death of the Secretary. . •• • •• • •. • • a• 1 •. • .•• •.1 •. • • ■ • •. • • • . 1 11 •• • • . • . • • • • 1 . • l a . • • l • . • . Sell.. • . • • •. • • • . • a ♦ • . • . • • 10 -9. Office Bonds. Officers who hold comparable bonded position with the City shall not be required to post additional bonds. A person not holding a comparable position with the City must post a bond in the same amount as the comparable City position. 114-9. Compensation. Compensation of said officers shall be determined by the Agency. 1244. Additional Personnel and Services. Pursuant to the authority granted by Section 33128 of the Health and Safety Code, all the remaining departments and officers 012 Resolution No. 2009 - Page 4 of said City shall furnish to the Agency, upon the request of the Executive Director, and with the general consent of the Board of Directors of the Agency, services in connection with matters within the scope and normal activities of the particular department. ARTICLE III — MEETINGS 1. Rules of Procedure for Meetings. Except as otherwise provided in the Community Redevelopment Law, the Rules of Procedure for the City Council as set forth by resolution duly enacted by the City Council shall also apply to the Council acting as the Agency insofar, as the Rules can be made applicable. 2. Meeting Time and Place. The regular meeting for the Agency shall be held the first and third Wednesday of each month at &!,3G7:00 p.m. at the Moorpark Community Center located at 799 Moorpark Avenue, unless otherwise posted by the Agen Secretary of the Agency. SECTION 2. This Resolution hereby rescinds Resolution 99 -89 in its entirety upon the effective date of this resolution. SECTION 33. The Secretary of the Agency shall certify to the adoption of this Resolution and record the same with the County Recorder of Ventura County. PASSED AND ADOPTED this 17th day of June, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Secretary 013 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of_ w- 1-7 -A009- ACTION: :11 _ MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Board of Directors FROM: Ron Ahlers, Finance Director pm+ DATE: May 22, 2009 (MRA Meeting of June 17, 2009) ITEM 5.E SUBJECT: Consider Resolution Adopting Loan Agreement between the City of Moorpark and the Moorpark Redevelopment Agency BACKGROUND The California Health and Safety Code on Community Redevelopment Law Section 33601 allows redevelopment agencies to borrow funds from the state or federal government or any other public agency for any redevelopment project within its area of operation for any purposes allowed by this section and may comply with any conditions of such loan. Several times since the creation of the Moorpark Redevelopment Agency, the Agency has borrowed funds from the City of Moorpark for specific purposes. All loans have been repaid by June 30th of each fiscal year. DISCUSSION For FY 2009/2010, the Agency has budgeted approximately $25.7 million in expenditures, including $16.6 million for capital improvements. While the Agency's annual revenues and existing fund balances are sufficient to finance these expenditures, it is our practice for all expenditures to be paid by the City and then these "advances" are repaid by the Agency. This is a common practice intended to comply with state laws that require Redevelopment Agencies to incur debt and to assist with Agency cash flow. Staff is recommending a loan from the City to the Agency in the amount of $5.0 million as an advance for anticipated operating and capital expenditures for the coming year. The Agency would be charged a rate equal to the rate earned on investments (the "LAIF" rate) plus 1%; currently this would be approximately 3.9 %. The loan would be provided by the City's Special Projects Fund, which will have sufficient cash available, and would be due no later than June 30, 2010. 014 Honorable Agency Board of Directors June 17, 2009 Page 2 STAFF RECOMMENDATION (Roll Call Vote) Adopt Resolution No. 2009- approving a Loan Agreement with the City of Moorpark. Attachment: Resolution No. 2009- Loan Agreement 015 RESOLUTION 2009- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A LOAN AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE MOORPARK REDEVELOPMENT AGENCY WHEREAS, the City of Moorpark has agreed to advance funds from the Special Projects Fund (4004) to the Moorpark Redevelopment Agency in accordance with the terms of a Loan Agreement dated July 1, 2009; and WHEREAS, the Moorpark Redevelopment Agency has agreed to accept the terms and conditions of the Loan Agreement dated July 1, 2009. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Loan Agreement between the City of Moorpark and the Moorpark Redevelopment Agency dated July 1, 2009, and attached as Exhibit "A" to this resolution, is hereby adopted. SECTION 2. The City Clerk 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 17th day of June, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" 016 EXHIBIT "A" LOAN AGREEMENT THIS LOAN AGREEMENT is entered into this 1st day of July, 2009, by and between the City of Moorpark ( "City ") and the Moorpark Redevelopment Agency ( "Agency "). RECITALS WHEREAS, the Agency was created by Ordinance 87, adopted by the City Council on March 18, 1987, for the purpose of eliminating blighted conditions within specified project areas; and WHEREAS, in support of its mission, the Agency is developing and implementing plans to acquire and construct certain public facilities, and WHEREAS, the Agency has determined that, in order to undertake this redevelopment project, temporary financial assistance in the form of a loan is required from the City of Moorpark; and WHEREAS, Section 33600 et. seq. of the California Community Redevelopment Law authorizes the Agency to borrow money or accept financial or other assistance from the City. COVENANTS NOW, THEREFORE, THE CITY AND AGENCY AGREE AS FOLLOWS: SECTION 1. Amount and Use of Loan. The City, from its Special Projects Fund, will advance to the Agency the amount of $5,000,000 (five million dollars). Agency agrees to use such loan proceeds only for those purposes set forth in the Health and Safety Code and approved by the Agency. SECTION 2. Repayment of Funds. The Agency will repay this loan, both principal and interest, in full on or before June 30, 2010, unless extended by amendment to this Agreement. SECTION 3. Interest Payment. This loan will bear interest at a rate equivalent to the rate earned by City investments in the Local Agency Investment Fund, plus one percent. SECTION 4. Obligation Constitutes Indebtedness. This loan agreement shall constitute an obligation and debt of the Agency to use all available increment revenue to repay the City. Such indebtedness shall be subordinate to any and all other Agency indebtedness incurred by the Agency, including indebtedness incurred through the issuance of tax allocation notes or bonds or any other bonds of the Agency. 017 Loan Agreement, Page 2 July 1, 2009 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Steven Kueny, City Manager Deborah S. Traffenstedt, City Clerk 1 CITY OP MOORPARK, CALIFORN ")% ITEM 5.F I�teftlelopment Agency Meeting Of-- 10 J 7 -2k00 q ACTION: Ato e✓le LA . A00 --A � BY: moo... %Z MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager D u"t BY: Jessica Sandifer, Management Analys �9 DATE: June 4, 2009 (Agency Meeting of 6/17/09) SUBJECT: Consider Award of Bid and Project Approval for the Demolition of 1063 and 1123 Walnut Canyon Road, 450 Charles Street, and 661 Moorpark Avenue and Resolution Amending the Fiscal Year 2008/09 Budget BACKGROUND & DISCUSSION The Agency acquired 1063 and 1123 Walnut Canyon Road and 450 Charles Street for use in a future affordable housing project. The property at 661 Moorpark Avenue was purchased for future city use. All of the structures are vacant and 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 May 6, 2009 and May 12, 2009. A mandatory job walk was held on May 14, 2009 and was attended by 17 contractors. Nine bids were received by the due date of May 28, 2009. The results are: Adobe Company $36,836.00 Becko, Inc.. $34,200.00 CST Environmental, LP $95,000.00 Draper Construction $57,970.00 Interior Demolition $32,000.00 Prime Demolition $32,000.00 Specialized Environmental, Inc. $59,800.00 V.A.C. Environmental and Demolition $53,324.00 William L. Olson, Inc. $51,000.00 The bid results returned two low bidders with identical bids of $32,000.00. 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...". The code does not .11 Honorable Agency Board June 17, 2009 Page 2 outline how best to choose the bidder. Staff evaluated the proposals on completeness, checked references, and reviewed contractor's licenses for both bidders and determined that both bidders were responsible and responsive. In order to make a final selection, it was suggested by the City Attorney that we select a bidder at random. Staff asked both contractors to attend a meeting where each bidder would be assigned either heads or tails and a coin would be flipped. Interior Demolition was assigned "heads" and Prime Demolition was assigned "tails ". Staff flipped a coin and it landed on "tails" therefore Prime Demolition is considered the responsible low bidder. As discussed above, they possess the necessary qualifications, resources, and experience to perform the work. ENVIRONMENTAL DOCUMENTATION As this project involves the demolition and removal of four residences and their 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)(1) & (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 $9,350.00 from the MRA 2001 Bond Fund (2904) is being requested for the 661 Moorpark Avenue demolition. This amendment includes a 10% project contingency. A budget amendment is not needed for the demolition of 450 Charles Street and 1063 and 1123 Walnut Canyon Road as sufficient funds are already budgeted in the FY 2008 -09 Budget. STAFF RECOMMENDATION (ROLL CALL VOTE) 1) Approve the removal of 1063 and 1123 Walnut Canyon Road, 450 Charles Street and 661 Moorpark Avenue; and 2) Award bid to Prime Demolition for $35,200, 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- 020 ATTACHMENT 1 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND PRIME DEMOLITION 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., a California corporation, hereinafter referred to as "Contractor ". RECITALS: WHEREAS, on May 28, 2009, Agency invited bids for the demolition of 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street (Project); 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, as noted by the filing of a Notice of Completion. 3. Incorporation by Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions to the Contract for Construction, 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 thirty-two thousand dollars ($32,000.00). Payments to the 021 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 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; 022 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 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 023 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. 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 J 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. 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 30 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'. 025 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: 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, NNU 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: CONTRACTOR: Prime Demolition, Inc. Charlie Quezada President Deborah S. Traffenstedt, Agency Secretary Exhibit "A ": Insurance Requirements Exhibit "B ": Bid Documents 027 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 tc 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. 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. `I 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 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 030 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 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 031 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 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 032 of premiums or other amounts with respect thereto. 033 EXHIBIT B REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Project Manual and Specifications Demolition of Structures and Site Clearing at 1063 Walnut Canyon Road, 1123 Walnut Canyon Road, 661 Moorpark Avenue, and 450 Charles Street Moorpark, California Bid Due Date and time: Thursday, May 28, 2009 at 3:00 p.m. Specification No. RDA -09 -001 034 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 — Multiple Properties Page 2 of 58 035 Instruction to Bidders THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 1063 AND 1123 WALNUT CANYON ROAD, 661 MOORPARK AVENUE, AND 450 CHARLES STREET, MOORPARK, CA 93021 There will be a mandatory pre -bid conference and site walk held on Thursday, May 14, 2009 at 10:00 a.m. starting at 450 Charles Street. Potential bidders are required to attend this meeting. 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. 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 3:00 p.m. on May 28, 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 — Multiple Properties 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 thereby disqualified from submitting a sub - proposal or from quoting prices to other bidders submitting proposals. Moorpark Redevelopment Agency Bid Package 036 Structure Demolition — Multiple Properties Page 3 of 58 Instructions to Bidders (continued) 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, 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 037 Structure Demolition — Multiple Properties Page 4 of 58 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. Moorpark Redevelopment Agency Bid Package 038 Structure Demolition — Multiple Properties Page 5 of 58 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 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street, Moorpark, California Bids to Be Received - Thursday, May 28, 2009 by 3:00 p.m. PIZ CON TRACTOR Name tME DEti1 O L. tT1O ty I ZAI C. Street Address ZSS0 L -F-1kD N a 1- City S 1 Cant A L_ 41 LL- State C-W Zip Code ft D S S Telephone Number Q�10' Sz 1 —O t.S 1 G�1,4 C{ 71° 3,0-3 Ult ( -ViaAV Contractor's License No $ Sy 40 2 Class At G -Z , Expiration Date 19-UG ZO 1 O G -1 2 The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of Bidder �� ____� IPP-G-& 1 7- BID SCHEDULE: Title 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. o0 1. 1063 Walnut Canyon Road Lump Sum Base Bid ($_ 6, 4 OU or? 2. 1123 Walnut Canyon Road Lump Sum Base Bid ($ E1 , Q O0 . . 00 3. 661 Moorpark Avenue Lump Sum Base Bid ($ 4. 450 Charles Street Lump Sum Base Bid ($ Number of calendar days for completion: A G Moorpark Redevelopment Agency Bid Package Structure Demolition - Multiple Properties Page 6 of 58 039 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Total Job Cost (write in total of all four lump sum bids below) T!� I1'LT`r TWO TWUS40P dollars and 70(20 Cents 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 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street, 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: LtT i 0 N-3 By: (Signature A`uthorized Representative) Title: _Q£S k P E 'AXT^ Dated: S' 2-7 I O T Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 7 of 58 040 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF ) SS. CITY OF cetf RuF �ibeing first duly sworn, deposes and says that he /she is - S�n�NT of.j?jr,4F_DEM6LITIJ�jt4Qhe 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. Fal M E o L_ t -n 01l x,,4 Name of Bidder Name of Bidder Signature of Bidder Signature of Bidder fl)tof _WO C A Address of Bidder a 7 S. L/ ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) Moorpark Redevelopment Agency Bid Package Structure Demolition - Multiple Properties Page 8 of 58 041 042 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Jennifer Wayne, Kevin J. Phillips, Christopher M. Haenel, Alfonso Lujan, Will Mingram, Jeff Aase, John G. Slater, Sylvia Diane Caneva, John D. Strong, or Ryan Tash of Los Angeles, California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * ** *Three Million * * * ** Dollars (S * *3,000,000.00 ** ). This Power of Attorney shall expire without further action on November 3, 2011 . This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March , 2009 . AMERICAN CONTRACTORS INDEMNITY CC Corporate Seals +�pCTOt:� 3 /KI�ORATi _ W siru,tne A State of California County of Los Angeles SS: IMPANY UNIT] OO SEALL !:D STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY pEClq� T �< b + Daniel P. Aguilar , Vice Presidcnt On this 25th day of March , 2009 before me, Sabina Morgenstein a notary pablic, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United Stales Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and cknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal._ _ SA31NA PA10;RGENSFEiN Ci� r /1J// /��� Co,Mmission # 1777!.x;8 Signature �(' 1 j- - (Seal) z` t l idalJiy Pi: `1',i� - i ��iin;; °p v Los Any les Cou.,,, I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 26th day of _ May 12009 . t0�`IAOOpf'OEA PEC/q / Corporate Seals y T �, Z t sE►ra tie b + Bond No. 445138 -9 b Jeannie . Kim, Assistant Secretary Agency No. 2505 043 State of Califonlia County of Los Angeles 3 On Z` 0`t before me, C. Scarnici— Notary Public bale Her&- Insern Name aid 1-i6c of Inc Oiflcel personally appeared C. SCARNICI Comm.# 1837209 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY �w Cows. EV. Maa.19. 2M3 Place Notary Seal Above an Tash Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA) whose name(i) isdre subscribed to the within instrument and acknowledged to me that he /sySe /th¢y executed the same in his /hjr /tVeir authorized capacity(i�s), and that by his /h9/tl)6r signatureyt) on the instrument the personfit), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and office I seal Signature gn re of Notary Public OPTIONAL Though the information below is not required by law, it mall prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing it�- I t �.: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ C Partner — CI Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing EER lop of thumb here M 2007 Nallonal I solar, Assozl?non- r" S-1. 1,v— PC. GO. '•01 ' �CA 9 1313-2402 - v:,✓'-Hallor-131f"Gla, cm 11? i.,-IJ/ F a,dar {Sall Toll- rep i-BUO b�G Gum: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of L (on fr L On a 1 1111-, �l � 0 0 _i before me, V. �j t.f n(1= Ko t+ • Kl o T r`4 1z y D to Here Insert Name and Title of the Officer ' personally appeared a t-t n Q L l t�_ %i- 1a 7 Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S ha land official,s�alQ Signature Signatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: S t D C* N D IFo (Z P-A Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thumb here ®2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402• www.Nationa]Notary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827 045 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: (0 �(YS List 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: L Contact Individual: JZpLA& Address: 1101 5 Contract Amount: Description of work done: 7 art o u Tt o rl 4 R-*5^4 o v eS. ,-_r� G M14 t,,%J ST 3I ay_SO©. ° Phone No. I R-(!;, FqN fc A, L. r) P 4 16. 00 0 �77b 3 Year:' ZODF/ .414 -- 4. 12.000S*f4--7 Reference No. 2 Customer Name: D Rzrr n F U IJ G a SA- C-A( Contact Individual: G 2 Sa 0- 41 Address: Z PLAZ H- L AJ E C-4 Contract Amount: t_JV 1 VO Y a o. m Year: Zoo °I Description of work done: i7 s:r-AA ntj T [e N -4 4E.M oVA L- r7 r- 4- ZO, 000 s,g -F-t- e=a", L., Reference No. 3 Customer Name: 244 U L. M ( U-612- GO IjS I rLVO, 0l4 Contact Individual*(pp1�VigyL M ILLER- Phone No. Address: L YCAMS616 Ig- Contract Amount: ° Year: ZOO Description of work do e: I E- tou -r't 04 4 P_eA o�A-L. 01= STrzucTUIZES, I -ees, V L�Dc N G S 1 A/C I ce* Dl/v 9 ETig7-rnN Moorpark Redevelopment Agency Bid Package Structure Demolition - Multiple Properties Page 11 of 58 046 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF LOS AAA G4E- -'E S Iamthe f'(t,EStoE/N'r- Of -P(R t I'lC. D'em 0 1, ( -a 0 0 AM, , 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 .5 27 1 b °1 at SgN P nSZ (dat) (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signature of Bidder Title Signature of Bidder Title California. Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 12 of 58 047 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: CA+n(Z L-1 e Q t) f 7 A iA' Pp-iF-S l P AJ Title Date S 12,r7 Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 13 of 58 048 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." By Title: � C„s t r,> N �- Date: 5 J-2-7 to g Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 14 of 58 049 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 1/2% 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 this may result in bid rejection). PLEASE PRINT LEGIBLY Name Under Which Subcontractor is License Licensed No.& Class N � $4201,2 Lbsif 5l -70 Percent Type of work to Business Address Work be done' 1 77'7 W oo tx+v W nl sT ac 3 a UNIT G -3 x,176 Total Percentage 2 5/27 /o Signature(s) of Bidder Date Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 load Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 15 of 58 050 PAGES 16 -26 ARE THE CONTRACT DOCUMENTS AND HAVE BEEN REMOVED SO AS NOT TO BE DUPLICITOUS 051 BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we, and hereinafter referred to as "Contractor" as principal, hereinafter referred to as "Surety," are held and firmly bound unto the Redevelopment Agency of the City of Moorpark, California, hereinafter referred to as "Agency ", or "Obligee" in the sum of Dollars ($ ), 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 with the Redevelopment Agency of the City of Moorpark, California, for demolition and site clearance at 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street 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 and expiration of the guarantee period, whichever is later; 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 — Multiple Properties :A 19. Bid Package Page 27 of 58 052 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 and the same person whose name is subscribed to the within instrument as the of said and the said duly acknowledge to me that he /she subscribed the name of thereto as surety and his /her own as IN WITNESS WHEREOF, 1 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 053 Structure Demolition — Multiple Properties Page 28 of 58 BOND FOR MATERIAL SUPPLIERS AND LABORERS KNOW ALL PERSONS BY THESE PRESENTS: That we, hereinafter referred to as "Contractor" as principal, and hereinafter referred to as "Surety," are held and firmly bound unto the REDEVELOPMENT AGENCY OF 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 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue, and 450 Charles Street, 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 - Multiple Properties Page 29 of 58 054 BOND FOR MATERIAL SUPPLIERS AND LABORERS (continued) WITNESS our hands this day of '19 Contractor Title Title Surety Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 30 of 58 055 FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 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 — Multiple Properties Page 31 of 58 056 GENERAL CONDITIONS TO THE CONTRACT FOR CONSTRUCTION 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. /_T i9Cii14 =iI 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, Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 32 of 58 057 materials, equipment and services provided or to be provided by the Contractor to fulfill 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 — Multiple Properties Page 33 of 58 058 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 — Multiple Properties Page 34 of 58 059 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 060 Structure Demolition — Multiple Properties Page 35 of 58 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 — Multiple Properties Page 36 of 58 061 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 062 Structure Demolition — Multiple Properties Page 37 of 58 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 — Multiple Properties Page 38 of 58 063 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 — Multiple Properties Page 39 of 58 064 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 for general condition items, overhead, and profit shall not be made for additional time Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 40 of 58 065 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 extension requests and prices for changes. Moorpark Redevelopment Agency Bid Package 066 Structure Demolition — Multiple Properties Page 41 of 58 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 for review by the Agency, the names of persons or entities including those who are to Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 42 of 58 067 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. 5.4.2 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 own forces or other Contractors' completed or partially completed construction is fit and Moorpark Redevelopment Agency Bid Package 068 Structure Demolition — Multiple Properties Page 43 of 58 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 - Multiple Properties Page 44 of 58 069 1. 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: 1. 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. 6.3.6 If the Contractor does not respond promptly or disagrees with the method for Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 45 of 58 070 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: 1. 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 fora 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 — Multiple Properties Page 46 of 58 071 7.1 DEFINITIONS 7.1 .1 Unless otherwise and /or hours, including completion of the work. ARTICLE 7 TIME provided, time for performance is the number of calendar days authorized adjustments, allotted in the Contract for substantial 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 — Multiple Properties Page 47 of 58 072 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 073 Structure Demolition — Multiple Properties Page 48 of 58 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 — Multiple Properties Page 49 of 58 074 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 Agency will render the Contractor a proper accounting of such funds disbursed on Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 50 of 58 075 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 submit the Contractor's safety program to the Agency and coordinate with the safety Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 51 of 58 076 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: 1. 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 O y Structure Demolition — Multiple Properties Page 52 of 58 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. 10. 1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 53 of 58 078 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 guarantee period expires 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 — Multiple Properties Page 54 of 58 079 Technical Specifications For the Demolition of Structures and Appurtenances at 1063 and 1123 Walnut Canyon Road, 661 Moorpark Avenue and 450 Charles Street, Moorpark, California 1. The Agency has obtained the services of a licensed laboratory to verify a presence or absence of asbestos containing materials (ACM) on the Properties. Based on the licensed laboratories report, all four properties tested positive for some form of ACM. Further point -count analysis indicates that there are only three that need to have professional asbestos abatement. The pre - demolition survey reports and point count analysis addendum letters 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), on the property prior to commencement of demolition work. All ACM must be removed as indicated in the property survey reports and addendum letters, attached to this bid manual. 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. Staff will also need to see hazardous materials transportation /weigh tickets to ensure that asbestos containing materials were disposed of at an appropriate facility. 2. Demolish and remove all items indicated at the mandatory pre -bid conference. There will be different requirements for removal of vegetation at each property, so please take notes at the conference. Contractor is responsible for procuring 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. 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. In order to ensure compliance with this requirement, bidders are required to submit the franchise hauler as a subcontractor on the "Bidder's Statement of Subcontractors ". Failure to do so may result in a bid being rejected as non - responsive. 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. Pick -up trucks, non - hauling specific vehicles, rented roll -offs or bins are NOT an acceptable self -haul method. The Agency must not incur any cost with regard to the hauling of recyclable or salvageable material for the Contractor to bid the self -haul option. 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 recycling for the following construction and Moorpark Redevelopment Agency Bid Package Structure Demolition — Multiple Properties Page 55 of 58 080 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 needs to be placed around each of the four properties as indicated at the pre -bid conference. Fencing to be permanent 6 foot tall fence of new chainlink material. Where applicable, fencing should tie into or be placed as closely as possible to existing adjacent fences as indicated at pre -bid conference. 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 sites adjacent to Moorpark Avenue due to 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, have debris hauled off at regular intervals using appropriate City franchise waste hauler. (See item 3.) Moorpark Redevelopment Agency Bid Package 081 Structure Demolition — Multiple Properties Page 56 of 58 10. Perform demolition exercising proper care to prevent injury to the public, 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 pavement 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 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 Moorpark Redevelopment Agency Bid Package 082 Structure Demolition — Multiple Properties Page 57 of 58 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, 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 Bid Package 083 Structure Demolition — Multiple Properties Page 58 of 58 PRE - DEMOLITION ASBESTOS SURVEY REPORTS AND ADDENDUM LETTERS 1063 WALNUT CANYON ROAD 1123 WALNUT CANYON ROAD 661 MOORPARK AVENUE 450 CHARLES STREET m•, Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. April 29, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey — Addendum Letter Point Count Results — Drywall Joint Compound Composite 1063 Walnut Canyon Road Moorpark, CA 93021 Dear Ms. Sandifer: Forbess Consulting Group Inc. (FCG) conducted a Pre - Demolition Asbestos Survey at the above - referenced property in January, 2009. FCG's report dated February 28, 2009 documented our findings which included all sampling results, conclusions and recommendations. This addendum report is provided to supplement the original report. Initial Survey Findings: Two of three plaster samples collected from interior perimeter walls during our initial survey showed 2% asbestos in the joint compound of the drywall only. Multiple layers of plaster over drywall with joint compound were noted in the samples collected. All plaster, drywall and surface coatings tested negative for asbestos, per our discussions with the laboratory analyst. The total composite analysis of all layers indicated a "trace" or less than 1% total asbestos. Further analysis by Point Count methods was recommended, which uses gravimetric reduction and 1,000 point counting rules in order to quantify the actual concentration of asbestos to determine if the wall systems meet the State's definition of an Asbestos Containing Material (0.1 % by weight). Background on Drywall Systems: The National Emissions Standards for Hazardous Air Pollutants (NESHAP) is the primary regulation for demolition of buildings and is enforced by the EPA and Ventura County Air Pollution Control District (APCD). This regulation enforces removal or disturbance of materials containing asbestos at 1% or greater. EPA recently clarified its position on joint compound analysis and other multi - layered materials as guidance to contractors and consultants evaluating wall systems where the drywall, tape, joint compound and paint all become an integral part of a wall or ceiling system. To summarize the EPA's clarification statement, composite sampling of wall or ceiling systems is allowed under the current regulations in order to determine the total concentration of asbestos in the entire wall system where only joint compound has been identified as containing asbestos. If the total asbestos concentration of all materials is less than 1% of the total, the walls and ceilings are a non - regulated material for disposal purposes and may be disposed of as non - hazardous construction debris. This would allow for structures to be demolished in place without conducting extensive removal or abatement of all wall and ceiling systems in order to remove the limited amount of joint compound. 1009 Mercer Avenue tel: 805.646.1995 Ojai, CA 93023 fax: 805.640.1650 ".0 Forbess Consulting Group, Inc. Addendum to Asbestos Survey Report April 29, 2009 Point Count Results — Drywall Composite 1063 Walnut Canyon Rd., Moorpark Supplemental Point Count Results: Further analysis by point count methods determined the amount of asbestos in the composite of all wall system layers to be 0.04 %, which is below the State's definition of an asbestos containing material of 0.1% by weight and below the EPA definition of 1%. Based on the results of our composite sampling, the walls may be demolished in place using appropriate controls to prevent dust emissions, and the waste materials may be disposed as regular construction waste. OSHA regulations will require worker protections and appropriate training in compliance with state regulations during the demolition process. A complete copy of the point count analytical results for the composite wall materials is attached for your records. Conclusion: Supplemental sampling of composite wallboard materials shows the wall systems are below the regulated asbestos level (0.1% by weight) and do not meet the definition of an Asbestos Containing Material (ACM). The walls may be demolished in place with the rest of the structure and disposed of as regular construction waste. Worker protections and training for OSHA compliance may still apply based on the presence of asbestos in the joint compound. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Forbess Consulting Group, Inc. ;0�vx, � Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Results 1063 Walnut Canyon Rd., Addendum Letter 2 1:. Forbess Consulting Group, Inc. April 29, 2009 Addendum to Asbestos Survey Report Point Count Results — Drywall Composite 1063 Walnut Canyon Rd., Moorpark Attachment Laboratory Analytical Results 1063 Walnut Canyon Rd., Addendum Letter 3 1' Forensic Analytical Laboratories Bulk Asbestos Material Analysis (EPA Method 600 %R -93/ 116, Point Count Analysis) Forbess Consulting Group, Inc. Alan Forbess 1009 Mercer Avenue Ojai, CA 93023 Job ID /Site: M.R.A. -18, 1063 Walnut Cyn. Rd./ Moorpark Sample Preparation and Analysis: Final Report Client ID: 7238 Report Number: N001442 Date Received: 01/16/09 Date Analyzed: 03/27.-09 Date Printed: 03/27/09 FALI Job ID: 7238 Each sample was prepared using the gravimetric technique. A representative subsample was weighed, ashed for eight hours, and reweighed to determine the proportion of the organic component. The ashed residue was ground in concentrated hydrochloric acid, dried and reweighed to determine the acid- soluble component weight percentage. The residual material was analyzed for asbestos using polarized light microscopy. Asbestos quantitation was performed using the semi - quantitative Point Count method following the general guidelines in EPA Method 600 /R- 93/116. The analytical sensitivity for the method is calculated as the asbestos concentration that results from one point counted in the analysis adjusted using the residual weight of the sample. The limit of detection for this method has not been determined. Sample iD Lab Number Sample Description 50492844 Composite of ALL Layers Beige Plaster Off-White Plaster White Drywall Off-White Skimcoat /Joint Compounds Light Beige Skimcoat /Joint Compound Paints Point Count Results: Number of asbestos points counted: 1 Number of non -empty points: 1000 Percent asbestos in sample: 0.04 Analytical sensitivity ( %): 0.04 Asbestos type(s) detected: Chrysotile Comment: This is a composite of the Drywall and Joint Compound Only. Gravintetry Results: Organic weight percentage: 19.07 Acid - soluble weight percentage 38.54 Residual weight percentage: 42.39 Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results. reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test result,- and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the G.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. l ofQ88 29x9 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -868 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. February 28, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 Dear Ms. Sandifer: Per your request, Forbess Consulting Group performed a pre - demolition asbestos survey at the above - referenced property on January 15, 2009. The investigation was performed by James Thrift, a CA Certified Site Surveillance Technician (No. 97- 2300); under the supervision of Alan Forbess, a CA Certified Asbestos Consultant (No. 94- 1549). This report documents the findings of our survey. 1.0 Background The subject site is a single - family residence of approximately 984 square feet that was reportedly built in the 1940s. The property is currently vacant and is scheduled for demolition as part of local redevelopment plans. FCG was contracted to perform an asbestos survey prior to demolition activities to identify asbestos containing materials (ACM) so that they can be properly abated prior to demolition in accordance with federal, state and local regulations. 2.0 Scope.of Work The purpose of this survey was to document the presence of asbestos containing materials (ACM) at the subject site. The project included the following components: • A visual inspection of accessible interior and exterior building components was conducted to identify suspect ACMs. Bulk samples were collected from suspect materials for submittal to a certified laboratory for analysis by Polarized Light Microscopy (PLM) methods to document the asbestos content of suspect materials. Field observations and analytical data were evaluated, and this written report provided which summarizes our findings and provides recommendations for further action as necessary. 1009 Mercer Avenue Ojai, CA 93023 tel: 805.646.1995 fax: 805.640.1650 M•• Forbess Consulting Group, Inc February 28, 2009 3.0 Visual Observations Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 The following visual observations were noted during our inspection of the subject site: • The house is approximately 984 square feet and is built of wood framed construction on a raised concrete foundation with a detached laundry room of approximately 100 square feet. • The remodeled interior consists of plaster over button board (gypsum) on walls and ceilings throughout. • The interior floors consist of wood subflooring covered by floor tile or ceramic tile. • The exterior walls of the house and detached laundry room consist of plaster stucco. • Newer aluminum sliding windows are located throughout. • The roof consists of newer composite shingles over felt throughout. Suspect Materials: After a visual inspection of the interior and exterior building materials was completed, the following suspect asbestos materials were noted: • Plaster /Button Board w/ Joint Compound — Throughout • Floor Tile 12" (Wood) — Living Room • Floor Tile 12" (White) — Dining Room • Exterior Stucco — Throughout Exterior • Exterior Roofing (composite shingles and felts) 4.0 Bulk/Surface Sampling On January 15, 2009, FCG collected 15 bulk samples from suspect asbestos containing materials at the above referenced property. The samples were collected and forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. This section outlines the methodologies for bulk /surface sampling. The results of the bulk/surface sampling are included in Table 1 below. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are placed directly beneath each sample location to collect any material that may become dislodged. Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 2 1.1 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. Bulk Sampling Results: The tables below provide a summary of all analytical data from collected samples. Please refer to the attachment section for complete laboratory analytical results. Table 1: Asbestos Sample Results —1063 Walnut Canyon Road, Moorpark, CA Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., grinder, buffer, radial saw, etc.). • Class 1 materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but not limited to wallboard, floor tiles and sheeting, roofing and siding shingles, and construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class 11, non - friable material until disturbed, where it is considered a Class I, friable material because of the backing material which becomes airborne during removal. • Presumed Asbestos Containing Materials (PACM)• This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors to "presume" that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. • Trace (<1 %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 3 091 { 1 -3 Plaster /Button Board w/ Joint Interior Perimeter Walls Plaster - ND Drywall - ND Non Friable, Compound (Throughout) Joint Compound - 2% Class II material Total Composite - Trace <1 % in good condition 4 -6 Floor Tile (12" Living Room wood -100 ft2) ND - 7 -9 Floor Tile (12" white Dining Room ( -125 ft2) ND 10 -12 Exterior Stucco Throughout Exterior ND 13 -15 Exterior Roofing (Composite Throughout Exterior ND Shingles, Felts) 100 ft2) Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., grinder, buffer, radial saw, etc.). • Class 1 materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but not limited to wallboard, floor tiles and sheeting, roofing and siding shingles, and construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class 11, non - friable material until disturbed, where it is considered a Class I, friable material because of the backing material which becomes airborne during removal. • Presumed Asbestos Containing Materials (PACM)• This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors to "presume" that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. • Trace (<1 %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 3 091 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1 % asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1 % of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. 5.0 Conclusions & Recommendations An asbestos survey of the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: 5.1 Inventory of Asbestos Containing Materials (ACM): The following asbestos containing materials were identified as a result of our survey of the subject site: Wallboard Joint Compound: Two of three plaster samples collected from interior perimeter walls showed 2% asbestos in the joint compound of the drywall only. Multiple layers of plaster over drywall with joint compound were noted in the samples collected. All plaster, drywall and surface coatings tested negative for asbestos, per our discussions with the laboratory analyst. The total composite analysis of all layers indicated a "trace" or less than 1% total asbestos. These composite samples may be further analyzed by Point Count or transmission electron microscopy (TEM) to quantify the actual concentration of asbestos to determine if the wall systems meet the California definition of an Asbestos Containing Material (ACM) of equal to or greater than 0.1% by weight. Unless further analysis is conducted, all disturbance of wall systems must be conducted by asbestos trained personnel. 5.2 Materials Testing Negative for Asbestos: The following suspect materials were sampled as part of our survey, with no detectable asbestos found: • Plaster (over drywall throughout) • Floor Tile and mastic (12" in Living Room and Dining Room) • Exterior Stucco • Exterior Roofing (composite shingles and felts) 5.3 Recommendations: The following recommendations are provided for the client's consideration regarding the proposed demolition and /or disturbance of asbestos containing materials found at the project site: • Composite wallboard materials showed a "trace" or less than 1% total asbestos. This material may be further analyzed by Point Count or transmission electron microscopy (TEM) to quantify the actual concentration of asbestos in order to determine if the material meets the California definition of an Asbestos Containing Material ( <0.1 % asbestos by weight). If the quantitative results are below 0.1%, then the wall systems would be non - regulated by the State of California, and demolition may be conducted as 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 4 ON Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 planned by normal demolition personnel. Without further assessment, demolition workers must be asbestos trained and properly protected in accordance with current OSHA regulations. • According to federal and state regulations, walls which contain small amounts of asbestos containing joint compound may be composited and treated as a "wall system" for purposes of removal or demolition. This allows the contractor to composite all layers for purposes of determining the total asbestos content of the entire wall. Drywall and plaster materials containing less than 1% asbestos may be demolished in place by asbestos trained personnel using appropriate controls to prevent fiber emissions. This may include wet methods (water spray during demolition) to minimize airborne dust emissions. There is no requirement to remove the walls and ceilings prior to demolition if the materials contain less than 1 % asbestos. • Waste drywall and plaster containing less than 1 % asbestos may be disposed of as non- hazardous construction waste. We recommend that the demolition or abatement contractor contact the Ventura County Air Pollution Control District (APCD) for further information regarding in -place demolition of wall systems with trace (<1 %) amounts of asbestos. • If suspect materials are encountered which have not been assessed as part of this survey, all work should be halted immediately upon discovery and the work area isolated until further testing or assessment can be conducted to determine the appropriate response actions. General Recommendations: The following general recommendations are provided for your information prior to demolition of the structure in question: 1. The asbestos containing materials identified on site must be removed prior to demolition work or other disturbances which might result in asbestos fiber emissions. 2. All identified ACM must be disturbed only by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the removal process. This may include the use of wet methods (water mist), HEPA filtration, negative pressure containments or other engineering controls designed to keep dust and fibers from being dispersed. 3. Workers performing asbestos removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, and similar personal protective equipment in accordance with federal and state regulations. 4. Asbestos containing waste materials must be properly contained and transported for off site disposal at a permitted disposal facility. 5. We strongly recommend that all asbestos abatement work be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure all abated areas are within the EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact FCG at (805) 646 -1995 for a cost estimate to provide these services. 6. The local enforcement agency for asbestos removal projects is the Ventura County Air Pollution Control District (VCAPCD). They require notification for removal of friable, asbestos containing materials in quantities which exceed 160 square feet or 260 linear feet. They should not require notification and payment of fees for non - friable removal projects. Regardless of the type of asbestos and the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt I.1 093 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1063 Walnut Canyon Road Moorpark, CA 93021 notifications for APCD review. The local Building Department may also require notification and survey information prior to issuing a demolition permit. We recommend that you contact the APCD and local Building Departments directly for further information regarding permitting and regulatory requirements. 7. The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at 805.646.1995. Limitations Statement The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Forbess Consulting Group, Inc. & �2'" Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Analytical Results 1063 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 6 = Attachments Laboratory Analytical Results Bulk Sample Log Field Notes #I Forensic Analytical Bulk Asbestos Analysis (EPA Method 600/R-93-116, Visual Area Estimation) Forbess Consulting Group, Inc. Alan Forbess 1009 Mercer Avenue Ojai, CA 93023 Final Report Client [D: 7238 Report Number: B120570 Date Received: 01/16/09 Date Analyzed: 01/19/09 Date Printed: 01/19/09 First Reported: 01!19/09 Job ID /Site: M.R.A. -18; 1063 Walnut Cyn. Rd./ Moorpark FASI Job ID: 7238 Date(s) Collected: Total Samples Submitted: 15 Total Samples Analyzed: 15 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50492843 Layer: Beige Plaster ND Layer: Off -White Plaster ND Layer: White Drywall ND Layer: Off -White Skimcoat /Joint Compounds ND Layer: Paints Nn l 50492844 Layer: Beige Plaster ND Layer: Off-White Plaster ND Layer: White Drywall ND Layer: Off -White Skimcoat /Joint Compounds ND Layer: Light Beige Skimcoat/Joint Compound Chrysotile 2% Layer: Paints ND Total Ccamttosite.Ualues' of.Fibi dir *"cmnesr%entc Aeh.a +ra rg�ti 3 50492845 Layer: Beige Plaster ND Layer: Off-White Plaster ND Layer: White Drywall ND Layer: Off -White Skimcoat /Joint Compounds ND Layer: Light Beige Skimcoat /Joint Compound Chrysotile 2% Layer: Paints ND Total Composite Values of Fibrt>cts Cmmpotieiits: Asbestos (Truce) Cellulose (7 %) 4 50492846 Layer: Beige Tile ND Layer: Off-White Non - Fibrous Material ND Total Composite Values 4171Wus Components: Asbestos (ND) Cellulose (Trace) 3 096 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 1 of Report Number: B120570 Client Name: Forbess Consulting Group, Inc. Date Printed: 01 %19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample TD Lab Number Type Laver Type Layer Type Layer 5 50492847 Layer: Beige Tile ND Layer: Off -White Non- Fibrous Material ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (Trace) 6 50492848 Layer: Beige Tile ND Layer: Off-White Non - Fibrous Material ND Total Composite Values of Fibrous Caimponents: Asbestos (ND) Cellulose (Trace) 7 50492849 Layer: Grey Tile ND Layer: Clear Mastic ND Layer: Wood ND Total Composite Values of Fibrous�Componpnts:. Asbestos (ND), Cellulose ( %) 8 50492850 9 Layer: Grey Tile ND Layer: Clear Mastic ND Layer: Wood ND 50492851 Layer: Grey Tile ND Layer: Clear Mastic ND 10 50492852 Layer: Grey Cementitious Material Layer: Beige Coating Layer: Paint ND ND ND ND ND ND 2 of 3 097 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 Report Number: B120570 Client Name: Forbess Consulting Group, Inc. Date Printed: 01/ 19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 12 50492854 Laver: Grey Cementitious Material ND Layer: Beige Cementitious Material ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (Trace) 13 50492855 15 50492857 Layer: Stones ND Layer: Black Tar ND Layer: Black Felts ND Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' _ 'None Detected'. Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U %S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless othcnvisc noted. 3 of 3 098 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 IR Forensic +_Anal tca! g _ CH&M NName i &Ad&eas Client W# .� forbc,ss Coma lttn 5 6 rou e 1 b o9 Merccr Ave. 6LW , CA 9 362 3 e4s'i4 b" Ya - /9gSs ffifts- /6W4 - /14 sp Analysis Request Form Turn Arau _— 12hr ! 21hr / 48 hr ► ext Due Elate: ! ! I vua Time: affm P.M: KSWndwd r 0 Point coat D tPCM: -NIOSH 7400 D TEN Air O AHERA / © Y&nate2 ! O MOS14 7402 © TEusvw © auan intive! 0 Quatiww/ O Chatfield D TEN Water. 0 Pot As ! D Non #°viable / O Wt % D TEM ►wcrovac Special Project: © Metals Analysis: Method Matrix: .ryuvv uY U2t$: Rt @: Shipped via: tad Ex D Akborne O UPS E3 US Vag Courier 0 Drop Off O Qttter: Retlnquished Relinquished by: 0 UM I Y-A Wv Date ! Thne: Date ! Thne: a ed 2 Received #tece ed by Date J Time �� ic Rate t Time: Date / Time: Conditlan AcceptaWte? Li Yes D No I CortdWbnACceptaifie? C) Yes Q No Cmdliion Acceptable? © Yes © W RAN, M W, V,"AWJ .ryuvv uY U2t$: Rt @: Shipped via: tad Ex D Akborne O UPS E3 US Vag Courier 0 Drop Off O Qttter: Retlnquished Relinquished by: i%fhtqulah Y= E� f !� Date ! Thne: Date ! Thne: a ed 2 Received #tece ed by Date J Time �� ic Rate t Time: Date / Time: Conditlan AcceptaWte? Li Yes D No I CortdWbnACceptaifie? C) Yes Q No Cmdliion Acceptable? © Yes © W San Rarer Off1w. 9777 0" Road, SUM 408, Hayward, Cslifomia 94545 / Telephone: (510)8$7-$828 (WO)827 -(=ASI i F*= (510j887-4218 Los Angeles Office: 2859 Pecific Comm oo Drim Rancho Dominguez, CaU n is 9tl I / Tefep}wtte: (310)763 -23741 Fax: (910)783.88$4 01/15`2009 1 7:33 8054825544 JAMES THRIFTFT PAGE 05 Yo 6 3 i wr �t�•J a. Ae-,4 sa�Jrc s ,=-Y y- YS-- 0 9 a '��� O /45itd`eZ 9::: 'bOUCAfCTE' e'S-& O.4T..O I J leJ LTAGFf rc Qt�,c,+ R}� (LZ l A2 • y' �lGb� �dt/�cJf �w /�l.�r/L '7l�' �9 <G Ilc� YWII A, 100 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. April 29, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey — Addendum Letter Point Count Results — Window Putty 1123 Walnut Canyon Road Moorpark, CA 93021 Dear Ms. Sandifer: Forbess Consulting Group Inc. (FCG) conducted a Pre - Demolition Asbestos Survey at the above- referenced property in January, 2009. FCG's report dated February 28, 2009 documented our findings which included all sampling results, conclusions and recommendations. This addendum report is provided to supplement the original report. Point Count Results: The subject site features older wooden windows with putty or glazing compound surrounding each individual pane. Two of three exterior window putty samples showed a "trace" level of chrysotile asbestos, indicating less than 1% of the total. Further analysis by Point Count methods was recommended, which uses gravimetric reduction and 1,000 point counting rules in order to quantify the concentration of asbestos to levels below the State's definition of an Asbestos Containing Material (0.1 % by weight). Further analysis by point count methods determined the amount of asbestos in the window putty layer to be 0.09 %, which is below the State's definition of an asbestos containing material. This material may therefore be handled by regular construction personnel and disposed of as construction waste. A complete copy of the point count analytical results for the window putty is attached for your records. Conclusion: Window putty found at the subject site does not meet the definition of an asbestos containing material and may be disturbed by normal contracting personnel. This addendum report should be attached to the original survey to update the original February 28 report. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Y� Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 1009 Mercer Avenue tel: 805.646.1995 Ojai, CA 93023 fax: 805.640.1650 101 Attachments Laboratory Analytical Results 102 Forensic Analytical Laboratories Final Report Bulk Asbestos Material Analysis (EPA Method 600:R -93'1 16, Point Count Analysis) Forbess Consulting Group, Inc. Client ID: 7238 Alan Forbess Report Number: N001441 1009 :Mercer Avenue Date Received: 01/16/09 Date Analyzed: 03/27/09 Ojai, CA 93023 Date Printed: 03/27/09 Job ID /Site: MOORPARK REDEV. AGENCY -17; 1 123 Walnut Cyn. Rd./ Moorpark FALI Job ID: 7238 Sample Preparation and Analysis: Each sample was prepared using the gravimetric technique. A representative subsample was weighed, ashed for eight hours, and reweighed to determine the proportion of the organic component. The ashed residue was ground in concentrated hydrochloric acid, dried and reweighed to determine the acid - soluble component weight percentage. The residual material was analyzed for asbestos using polarized light microscopy. Asbestos quantitation was performed using the semi- quantitative Point Count method following the general guidelines in EPA Method 600 /R- 93/116. The analytical sensitivity for the method is calculated as the asbestos concentration that results from one point counted in the analysis adjusted using the residual weight of the sample. The limit of detection for this method has not been determined. Sample ID Lab Number Sample Description 16 50492801 Beige Putty Point Count Results: Gravimetn% Results: Number of asbestos points counted: 2 Organic weight percentage: 7.52 Number of non -empty points: 1000 Acid- soluble weight percentage 46.87 Percent asbestos in layer: 0.09 Residual weight percentage: 45.61 Analytical sensitivity ( %): 0,05 Asbestos type(s) detected: Chrysotile Comment: *tL U;*444 Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the t.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless othencise specified. All samples were received in acceptable condition unless otherwise. noted. V 1. of 103 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -868 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. February 28, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey 1123 Walnut Canyon Road Moorpark, CA 93021 Dear Ms. Sandifer: Per your request, Forbess Consulting Group performed a pre - demolition asbestos survey at the above - referenced property on January 15, 2009. The investigation was performed by James Thrift, a CA Certified Site Surveillance Technician (No. 97- 2300); under the supervision of Alan Forbess, a CA Certified Asbestos Consultant (No. 94- 1549). This report documents the findings of our survey. 1.0 Background The subject site is a single - family residence of approximately 1,048 square feet that was reportedly built in the 1950s. The property is currently vacant and is scheduled for demolition as part of local redevelopment plans. FCG was contracted to perform an asbestos survey prior to demolition activities to identify asbestos containing materials (ACM) so that they can be properly abated prior to demolition in accordance with federal, state and local regulations. 2.0 Scope of Work The purpose of this survey was to document the presence of asbestos containing materials (ACM) at the subject site. The project included the following components: • A visual inspection of accessible interior and exterior building components was conducted to identify suspect ACMs. Bulk samples were collected from suspect materials for submittal to a certified laboratory for analysis by Polarized Light Microscopy (PLM) methods to document the asbestos content of suspect materials. Field observations and analytical data were evaluated, and this written report provided which summarizes our findings and provides recommendations for further action as necessary. 1009 Mercer Avenue tel: 805.646.1995 Ojai, CA 93023 fax: 805.640.1650 104 Forbess Consulting Group, Inc February 28, 2009 3.0 Visual Observations Pre - Demolition Asbestos Survey 1123 Walnut Canyon Road Moorpark, CA 93021 The following visual observations were noted during our inspection of the subject site: • The house is approximately 1,048 square feet and is built of wood framed construction on a raised concrete foundation with a garage built over a concrete slab. • The interior consists of drywall throughout. • The interior floors consist of wood subflooring covered by carpet, sheet flooring or floor tile. • The exterior walls of the house consist of plaster stucco with wood siding on the garage. • Old style, wood framed windows with putty are located throughout the house. • The roofing consists of newer composite shingles over felt underlayment on the house and garage. Suspect Materials: After a visual inspection of the interior and exterior building materials was completed, the following suspect asbestos materials were noted: • Drywall w/ Joint Compound — Throughout interior • Sheet Flooring (Off White) — Kitchen • Floor Tile w/ Mastic (9" x 9" Green) — Northeast Bedroom • Sheet Flooring (Rose) — South Bathroom • Exterior Stucco — throughout exterior of house • Exterior Roofing (composite shingles and felts) — both house and garage 4.0 Bulk/Surface Sampling On January 15, 2009, FCG collected 21 bulk samples from suspect asbestos containing materials at the above referenced property. The samples were collected and forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. This section outlines the methodologies for bulk/surface sampling. The results of the bulk/surface sampling are included in Table 1 below. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are placed directly beneath each sample location to collect any material that may become dislodged. Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 2 105 Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey February 28, 2009 1123 Walnut Canyon Road Moorpark, CA 93021 Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. Bulk Sampling Results: The tables below provide a summary of all analytical data from collected samples. Please refer to the attachment section for complete laboratory analytical results. Table 1: Asbestos Sample Results —1123 Walnut Canyon, Moorpark, CA Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., grinder, buffer, radial saw, etc.). • Class 1 materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but not limited to wallboard, floor tiles and sheeting, roofing and siding shingles, and construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class II, non - friable material until disturbed, where it is considered a Class I, friable material because of the backing material which becomes airborne during removal. • Presumed Asbestos Containing Materials (PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 3 106 Z Ld k 1 -3 Drywall w/ Joint Interior Walls ND Compound (Throughout) 4 -6 Sheet Flooring Kitchen ND - Off White -200 ft2 Blue Tile - 5% Non - Friable, 7 -9 Floor Tile 9" Green) Northeast Bedroom fe) Black Mastic - ND Class II material (9" x ( -200 in fair condition 10 12 Sheet Flooring South Bathroom ND Rose _100 ft 13-15 Exterior Stucco Throughout Main House ND Non - Friable, Exterior Beige Putty - Trace ( <1 %) Class II material 16 -18 Window Putty (10 windows) in fair to poor condition Exterior Roofing Throughout Main House 19 -21 (composite and Garage ND shingles and felts ) (1,800 ft Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., grinder, buffer, radial saw, etc.). • Class 1 materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but not limited to wallboard, floor tiles and sheeting, roofing and siding shingles, and construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class II, non - friable material until disturbed, where it is considered a Class I, friable material because of the backing material which becomes airborne during removal. • Presumed Asbestos Containing Materials (PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 3 106 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1123 Walnut Canyon Road Moorpark, CA 93021 to "presume" that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. Trace W %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1 % asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1 % of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. 5.0 Conclusions & Recommendations An asbestos survey of the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: Inventory of Asbestos Containing Materials (ACM): The following asbestos containing materials were identified as a result of our survey of the subject site: • Green 9" x 9" Floor Tiles — These tiles are located in the northeast bedroom. There is approximately 200 square feet of ACM flooring found to contain 5% chrysotile asbestos. This is a Class II, non - friable material in fair condition. The underlying mastics tested negative for asbestos. • Window Putty /Glazing Compounds — The site features older wooden windows with putty or glazing compound surrounding each individual pane. Two of three exterior window putty samples showed a "trace" level of chrysotile asbestos, indicating less than 1% of the total. This should be managed as an ACM unless further testing by more quantitative methods is conducted (i.e., point count, TEM) to determine whether this material contains greater than 0.1% asbestos by weight, which is the California definition of an ACM. This is a Class Il, non - friable material in fair to poor condition, with some damage noted. There are a total of 10 windows with putty /glazing materials which will require special handling if disturbed. Materials Testing Negative for Asbestos: The following suspect materials were sampled as part of our survey, with no detectable asbestos found: • Drywall Joint Compound (throughout interior) • Sheet Flooring (Kitchen & South Bathroom) • Flooring Mastics • Exterior Stucco • Exterior Roofing (composite shingles and felts) Asbestos Recommendations: The following recommendations are provided for the client's consideration regarding the proposed demolition or renovation of the subject site: • Green 9" floor tile in the northeast bedroom should be removed prior to demolition by asbestos trained contractors using appropriate controls to prevent an asbestos fiber release. Underlying mastic is non - asbestos and may be left in place. 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 4 107 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1123 Walnut Canyon Road Moorpark, CA 93021 • Window putty /glazing compound samples may be further analyzed by Point Count or transmission electron microscopy (TEM) methods to quantify the actual concentration of asbestos in order to determine if this material meets the California definition of a non - Asbestos Containing Material (<0.1% asbestos by weight). If the windows can be removed intact without disturbance to the putty /glazing compound, then no special handling or other controls are necessary. We recommend taping over each putty seam to minimize the potential for disturbance and damage during removal. The windows may be recycled or disposed as normal construction waste as the putty contains less than 1 % total asbestos and is therefore a non - hazardous waste material. State regulations define asbestos as hazardous waste only if the waste is friable and contains greater than 1% total asbestos. • If suspect materials are encountered during demolition or renovations which have not been assessed as part of this survey, all disturbance of the suspect material should be halted immediately and the work area isolated until further testing or assessment can be conducted to determine the appropriate response actions. General Recommendations: The following general recommendations are provided for your information prior to demolition of the structure in question: 1. The asbestos containing materials identified on site must be removed prior to demolition work or other disturbances which might result in asbestos fiber emissions. 2. All identified ACM must be disturbed only by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the removal process. This may include the use of wet methods (water mist), HEPA filtration, negative pressure containments or other engineering controls designed to keep dust and fibers from being dispersed. 3. Workers performing asbestos removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, and similar personal protective equipment in accordance with federal and state regulations. 4. Asbestos containing waste materials must be properly contained and transported for off site disposal at a permitted disposal facility. 5. We strongly recommend that all asbestos abatement work be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure all abated areas are within the EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact FCG at (805) 646 -1995 for a cost estimate to provide these services. 6. The local enforcement agency for asbestos removal projects is the Ventura County Air Pollution Control District (VCAPCD). They require notification for removal of friable, asbestos containing materials in quantities which exceed 160 square feet or 260 linear feet. They should not require notification and payment of fees for non - friable removal projects. Regardless of the type of asbestos and the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required notifications for APCD review. The local Building Department may also require notification and survey information prior to issuing a demolition permit. We recommend that you contact the APCD and local Building Departments directly for further information regarding permitting and regulatory requirements. 7. The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt A Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 1123 Walnut Canyon Road Moorpark, CA 93021 asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at 805.646.1995. Limitations Statement The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third parry. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Forbess Consulting Group, Inc. Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachments: Forensic Analytical Laboratory Results Chain of Custody Documentation (Bulk Sample Log) Field Notes 1123 Walnut Canyon Rd., Pre -Demo Asbestos Rpt 6 109 Attachments Laboratory Analytical Results Bulk Sample Log Field Notes 110 Forensic Analytical Bulk Asbestos Analysis (EPA Method 600/R-93-116, Visual Area Estimation) Forbess Consulting Group, Inc. Alan Forbess 1009 Mercer Avenue Ojai, CA 93023 Final Report Client tD: 7238 Report Number: B120555 Date Received: 01/16/09 Date Analyzed: 01/19/09 Date Printed: 01;19/09 First Reported: 01/19/09 Job ID /Site: MOORPARK REDEV. AGENCY -17; 1123 Walnut Cyn. Rd./ Moorpark FASI Job ID: 7238 Date(s) Collected: Total Samples Submitted: 21 Total Samples Analyzed: 21 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50492786 Layer: White Drywall Layer: Off -White Skimcoat /Joint Compound Layer: Wall Covering 2 50492787 Layer: White Drywall Layer: Off -White Skirncoat/Joint Compound Layer: Paint 3 50492788 Layer: White Drywall Layer: Off -White Skimcoat /Joint Compound Layer: Paint ND ND ND tos (ND) ionents: Asbestos (N-D) 50492789 ND ND ND ND ND ND 5 Layer: Beige Tile Layer: Clear Mastic with Debris Total Cornnosite Values ofFibrc I of 4 111 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 /Telephone: (310) 763-2374 (888) 813-9417/ Fax: (310) 76:3 -8684 Client Name: Forbess Consulting Group, Inc. Report Number: B120555 Date Printed: 01/19/09 10 50492795 Layer: Beige Tile Layer: Clear Mastic 50492796 Layer: Beige Tile Layer: Clear Mastic 12 50492797 Layer: Beige Tile Layer: Clear Mastic ND ND ND ND ND ND ND ND ND ND (ND) 2 of 4 112 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 7 50492792 Layer: Blue Tile Chrysotile 5% Layer: Black Mastic ND Total Composite Values of Fibrous Components: Asbestos (5%) Cellulose (Trace) 8 50492793 Layer: Blue Tile Chrysotile 5 % Layer: Black Mastic ND Total Composite Values of Fibrous Components: Asbestos (5%) Cellulose (Trace) 9 50492794 Layer: Blue Tile Chrysotile 5 % Layer: Black Mastic ND 10 50492795 Layer: Beige Tile Layer: Clear Mastic 50492796 Layer: Beige Tile Layer: Clear Mastic 12 50492797 Layer: Beige Tile Layer: Clear Mastic ND ND ND ND ND ND ND ND ND ND (ND) 2 of 4 112 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684 20 50492805 Layer: Stones ND Layer: Black Tars ND 21 Layer: Stones Layer: Black Tars Layer: Black Felts Total Composite Val!. Cellulose (35 ° /n) 50492806 3 cif 4 113 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 703 -2374 (8£38) 813 -9417 /Fax: (310) 763 -8684 Report Number: B120555 Client Name: Forbess Consulting Group, Inc. Date Printed: 011/ 19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 15 50492800 Laver: Light Grey Cementitious Materials ND Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (Trace) 16 50492801 Laver: Beige Putty Chrysotile Trace Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (Trace) Cellulose (Trace) 17 50492802 Layer: Beige Putty Chrysotile Trace Layer: Paint ND 20 50492805 Layer: Stones ND Layer: Black Tars ND 21 Layer: Stones Layer: Black Tars Layer: Black Felts Total Composite Val!. Cellulose (35 ° /n) 50492806 3 cif 4 113 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 703 -2374 (8£38) 813 -9417 /Fax: (310) 763 -8684 Client Name: Forbess Consulting Group, Inc. Report Number: B120555 Date Printed: 01:` 19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' _ 'None Detected'. Analytical results and reports are generated by Forensic .Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 4 of 4 114 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 76:3 -8684 IN Forensic Analytical Analysis Request Form C11"t Morn* & Addi ves Mont IM. 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K o matte: mania: e '17?•1/ � 7-V : �7��SS(g� �C %f � �°t Sample IU g&}p locati0ttlt7escctp#i0n FOR AUR SANt .LES ONLY 7r-8 TMns On/Ofl Rvg: Ll'IiR AP L J rem P i .0oo SF C g �w / �yX9 d±r�tY�3j N�6 Sa Ob SF c / G Apc Al q P C A P - ' A - C Coate: /,r / a� "! late: og�0 Shipped via Sted Ex ❑ Air6ome UPS CJ US Mail 0 'Courier 0 Drop Oft ❑ Other. had Y C j Rel' a by: Relfnqula y: DOW* I 09 ♦ w Date / Time: Date I Time: ed CLt.�c ;; Receive ece ed by: Date 1 Tithe C{ � C1lllsl�� J Date / Time: Date / 7lms: Condition AooeptabtsTT Yes ❑ W Condition AccspletAo? ❑ Yes ❑ M Condition Acceptable? ❑ Yes ❑ No San Freuxlsca WW 8777 Depot Read, Suite 40f}, Hayward. Cdbmla 645451 Telephone: (510)88748828 (8M827 -FA8! / Fa c (510)887 -4218 Los Angeles t]Ilice: 2959 faadRc Co :a prf+ra, Rancho Owinquez, Callf rnia 802211 Telephone: (310)7F,3 -2374 I Fax (310)783 -8684 115 01/15/2009 17:33 8054825544 JAMES THRIFTFT PAGE 03 A/ te9 Du �� G k G'!E' r�r RT l G9k'g o v i o 0 A..00kZ A�OaeAe &�/ :::- — 'S`r A S E G�" w �wrry 1/ WUdE r- 404r. 4 .7 1-fl, 116 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. February 28, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 Dear Ms. Sandifer: Per your request, Forbess Consulting Group performed a pre - demolition asbestos survey at the above - referenced property on February 12, 2009. The investigation was performed by James Thrift, a CA Certified Site Surveillance Technician (No. 97- 2300); under the supervision of Alan Forbess, a CA Certified Asbestos Consultant (No. 94- 1549). This report documents the findings of our survey. 1.0 Background The subject site is a single - family residence of approximately 1,588 square feet that was reportedly built in the 1940's. The property is currently vacant and is scheduled for demolition as part of local redevelopment plans. FCG was contracted to perform an asbestos survey prior to demolition activities to identify asbestos containing materials (ACM) so that they can be properly abated prior to demolition in accordance with federal, state and local regulations. 2.0 Scope of Work The purpose of this survey was to document the presence of asbestos containing materials (ACM) at the subject site. The project included the following components: • A visual inspection of accessible interior and exterior building components was conducted to identify suspect ACMs. • Bulk samples were collected from suspect materials for submittal to a certified laboratory for analysis by Polarized Light Microscopy (PLM) methods to document the asbestos content of suspect materials. Field observations and analytical data were evaluated, and this written report provided which summarizes our findings and provides recommendations for further action as necessary. 1009 Mercer Avenue tel: 805.646.1995 Ojai, CA 93023 fax: 805.640.1650 117 Forbess Consulting Group, Inc February 28, 2009 3.0 Visual Observations Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 The following visual observations were noted during our inspection of the subject site: • The house is approximately 1,588 square feet and is built of wood framed construction on a raised concrete foundation. • The wood framed interior walls and ceilings were covered with plaster over button board (a gypsum or drywall product). • The interior floors consist of wood flooring throughout, with sheet flooring noted in the kitchen and laundry room. Ceramic tile floor was found in the bathrooms. • There is a small basement area with mechanical equipment (furnace) with an open crawlspace under the flooring throughout. • The water heater and furnace were observed to be insulated with fiberglass, with suspect asbestos tape or wrap noted on seams only. • The exterior walls consist of aluminum siding over wood frame throughout, with older wooden windows with putty /glazing compound at each window pane. • The roofing is plywood sheeting covered by composite shingles over felt throughout. Roofing penetrations are sealed with black mastic. Suspect Materials: After a visual inspection of the interior and exterior building materials was completed, the following suspect asbestos materials were noted: • Plaster over Drywall /Button Board — Throughout interior • Sheet Flooring (White w /mastic) — Kitchen & Laundry Room • Resilient Floor Tile (12" Grey w/ Mastic) — Laundry Room • Leveling Compound (on concrete under flooring) — Laundry Room • Window Putty — Exterior (19 windows total) • HVAC Tape — Basement Furnace & Vent Pipe (seams only) • Exterior Roofing Materials (composite shingles and underlying felts) • Roofing Penetration Mastics (@ vent pipes, conduits, etc.) 4.0 Bulk/Surface Sampling On February 12, 2009, FCG collected 27 bulk samples from suspect asbestos containing materials at the above referenced property. The samples were collected and forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. This section outlines the methodologies for bulk/surface sampling. The results of the bulk/surface sampling are included in Table 1 below. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are MRA -20, 661 Moorpark Ave - Asbestos Survey 2 118 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 placed directly beneath each sample location to collect any material that may become dislodged. Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. Bulk Sampling Results: The tables below provide a summary of all analytical data from collected samples. Please refer to the attachment section for complete laboratory analytical results. i aoie '11: Asbestos Sam le Results — 661 Moorpark Avenue - Wli Over Drywall 1 -3 Plaster (Interior Walls & Ceilings Beige Plaster = ND - Throughout) Dark Beige Plaster = ND Under Plaster 4 -6 Drywall /Button Board (Interior Walls & Ceilings White Drywall = ND Throughout) 7 9 White Sheet Flooring Kitchen and Laundry Beige Sheet Flooring = ND w/ Mastic Room ( -200 ft2) Fibrous Backing = ND Black/Tan Mastic = ND 10 -12 Floor Tile & Mastic Laundry Room Light Green Tile = ND 12" Gray) -10 ft2) Clear Mastic = ND Leveling Compound Fibrous Backing = ND 13 -15 (Under Sheet Flooring Laundry Room White Non - Fibrous Material = & Floor Tile) (`2 ft) ND Black/Tan Mastic = ND 16 -18 Window Putty Exterior Windows White Putty = ND (19 total) Paint = ND 19 21 HVAC Tape Basement Furnace & Vent Pipe Light Beige Fibrous Material Non - Friable, Class ( -10 If) = 85% chrysotile II material in fair condition 22 -24 Roofing - composite Throughout Black Tar = ND shingles & felt -1,600 ft2 Felt = ND - 25 -27 Penetration Mastic Roof ( -8 ft2) Black Semi Fibrous Tar = 3% Non - Friable, Class Ii material in good condition MRA -20, 661 Moorpark Ave - Asbestos Survey 3 119 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., use of grinder, buffer, radial saw, etc.). • Class I materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but is not limited to; wallboard, floor tiles, sheet flooring, roofing materials, exterior siding, and various construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class 11, non - friable material until disturbed, upon which it is considered a Class I, friable material because of the backing material which becomes airborne during the removal process. • Presumed Asbestos Containing Materials (PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting materials, and selected insulation materials such as pipe lagging, where destructive testing is not recommended due to potential for permanent damage and possible exposure to occupants. Regulations allow asbestos inspectors to "presume" that these materials contain asbestos without laboratory data based on the visual appearance of the material, the inspector's experience and general knowledge of asbestos containing building materials. • Trace kl %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1% asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1 % of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. 5.0 Conclusions & Recommendations An asbestos survey of the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: Inventory of Asbestos Containing Materials (ACM): The following asbestos containing materials were identified as a result of our survey of the subject site: HVAC Tape: This is a duct wrap or tape used on the seams of furnace & vent piping located in the basement area, and likely extending into other areas. This is classified as a thermal systems insulation (TSI) materials, making it a friable, Class I material MRA -20, 661 Moorpark Ave - Asbestos Survey 4 120 Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey February 28, 2009 661 Moorpark Avenue Moorpark, CA 93021 containing 85% chrysotile asbestos. The tape wrap is in fair condition. Total quantity is estimated at 10 linear feet, but the extent of material is unknown as piping may extend into walls and above ceilings, etc. where inspection was not possible. Penetration Mastics: Black mastics were used to seal around penetrations (piping, vents, conduits, etc.) located on the roofing surfaces. These mastics contain 3% chrysotile asbestos. This is a non - friable, Class II material in fair condition. Total quantity is estimated at 8 square feet. These materials meet the California definition of an Asbestos Containing Material of >0.1 % by weight, thereby qualifying the materials as regulated by the State of California. All ACMs should be removed prior to demolition by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the removal process. Materials Testing Negative for Asbestos: The following suspect materials were sampled as part of our survey, with no detectable asbestos found: • Plaster with Drywall backing (Interior walls and ceilings throughout) • White Sheet Flooring & Mastic (Kitchen & Laundry Room) • 12" Gray Floor Tile & Mastic (Laundry Room) • Leveling Compound (under flooring of Laundry Room) • Exterior Window Putty (all windows) • Exterior Stucco (throughout exterior) • Exterior Roofing Layers (Composite shingles & felts) — excludes mastics Asbestos Recommendations: The following recommendations are provided for your consideration: • The piping and duct work with asbestos containing insulation or tape wrap must be removed prior to demolition or disturbance by trained asbestos contractors. This may be conducted by "burrito- wrapping" the individual piping sections and disconnecting them into manageable lengths. Contractor should follow all piping runs to the end to ensure all piping sections inside walls, below floors or otherwise hidden are abated. The piping should be properly disposed as asbestos containing waste in accordance with local, state and federal requirements. • Roofing penetration mastics should be removed prior to demolition of the structure. This may be achieved by cutting out the mastic from around each penetration and bagging the waste materials. See general recommendations below for more information. • If suspect materials are encountered which have not been assessed as part of this survey, all work should be halted immediately upon discovery and the work area isolated until further testing or assessment can be conducted to determine the appropriate response actions. General Recommendations: The following recommendations are provided for your consideration prior to demolition of the structure in question: 1. The asbestos containing materials identified on site must be removed prior to demolition work or other disturbances which might result in asbestos fiber emissions. 2. All identified ACM must be disturbed only by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the MRA -20, 661 Moorpark Ave - Asbestos Survey 5 121 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 removal process. This may include the use of wet methods (water mist), HEPA filtration, negative pressure containments or other engineering controls designed to keep dust and fibers from being dispersed. 3. Workers performing asbestos removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, and similar personal protective equipment in accordance with federal and state regulations. 4. Asbestos containing waste materials must be properly contained by double- bagging and /or burrito - wrapping, with appropriate labels identifying the waste as asbestos containing. All waste must be transported for off site disposal at a permitted disposal facility. 5. We recommend that all asbestos abatement work be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure all abated areas are within the EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact FCG at (805) 646 -1995 for a cost estimate to provide these services. 6. The local enforcement agency for asbestos removal projects is the Ventura County Air Pollution Control District (VCAPCD). They require notification for removal of friable, asbestos containing materials in quantities which exceed 160 square feet or 260 linear feet. They should not require notification and payment of fees for non - friable removal projects. Regardless of the type of asbestos and the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required notifications for APCD review. The local Building Department may also require notification and survey information prior to issuing a demolition permit. We recommend that you contact the APCD and local Building Departments directly for further information regarding permitting and regulatory requirements. 7. The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at 805.646.1995. MRA -20, 661 Moorpark Ave - Asbestos Survey C 122 Forbess Consulting Group, Inc February 28, 2009 Limitations Statement Pre - Demolition Asbestos Survey 661 Moorpark Avenue Moorpark, CA 93021 The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third parry. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Forbess Consulting Group, Inc. Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Analytical Results MRA -20, 661 Moorpark Ave -Asbestos Survey 7 123 Attachments Laboratory Analytical Results Bulk Sample Logs /Chain of Custody Field Notes 124 Forensic Analytical Bulk Asbestos Analysis (EPA Method 600/R-93-116, Visual Area Estimation) Forbess Consulting Croup, Inc. Alan Forbess 1009 Mercer Avenue Ojai, CA 93023 Final Report Client ID: 7238 Report Number: B121419 Date Received: 02/13 /09 Date Analyzed: 02 ' 17/09 Date Printed: 02/17/09 First Reported: 021'17/09 Job ID /Site: M.R.A. -20; 661 Moorpark Ave. / Moorpark, Moorpark Redevelopment Agency FASI Job II): 7238 Total Samples Submitted: 27 Date(s) Collected: 02/12/2009 Total Samples Analyzed: 27 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50497100 Layer: Beige Plaster Layer: Dark Beige Plaster Layer: Paint 2 Layer: Beige Plaster Layer: White Plaster Layer: Paint 3 Layer: Beige Plaster Layer: Dark Beige Plaster Layer: Paint To cc] 4 50497102 50497103 ND ND ND Itos (1\D} 5 50497104 1 of 4 125 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 703 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 Client Name: Forbess Consulting Group, Inc. Report Number: B121419 Date Printed: 02,E 17/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 7 50497106 Layer: Beige Sheet Flooring ND Layer: Fibrous Backing ND Layer: Black/Tan Mastic ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (20 %) Fibrous Glass (5 %) Synthetic (10')/o) 8 50497107 10 Layer: Light Green Tile Layer: Clear Mastic Layer: Fibrous Backing 50497108 50497109 ND ND ND ND ND ND ND ND ND 11 50497110 Layer: Light Green Tile ND Layer: Clear Mastic ND Layer: Fibrous Backing ND Layer: Black Mastic ND 12 Layer: Light Green Tile Layer: Clear Mastic 50497111 50497112 ND ND (ND) 2of4126 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 Client Name: Forbess Consulting Group, Inc. Report Dumber: B121419 Date Printed: 02/17/09 17 50497116 Layer: White Putty ND 18 50497117 Layer: White Putty ND Layer: Paint ND Total Composite Values.' "off Ftb7ous Components. Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Laver Type Layer Type Layer 14 50497113 Layer: Beige Fibrous Material Chrysotile 85% Layer: Fibrous Backing Asbestos(851 /6) ND Layer: Tan Mastic 20 50497119 ND Layer: White Non - Fibrous Material Chrysotile 85% ND Layer: Black Mastic Cellulose (15 %) ND Total Composite Values -of Fibrous Components: Asbestos (ND) Layer: Beige Fibrous Material Cellulose (15 °/4) Fibrous Glass (Trace) I Synthetic (5 %) Asbestos (85% 15 50497114 Layer: Fibrous Backing ND Layer: Tan Mastic ND Layer: White Non- Fibrous Material ND Layer: Black Mastic ND Total Composite Values of Fibrous Components: Asbestos (l�'D) Cellulose.(15 0 /o) Fibrous. Glass (Trace) Synthetic (5 %) 16 50497115 Layer: White Putty ND Layer: Paint ND Total Cannposite Values of Ftbrotis Components: Asbestos (1\'D) �.. Cellulose (Tfsce) 17 50497116 Layer: White Putty ND 18 50497117 Layer: White Putty ND Layer: Paint ND Total Composite Values.' "off Ftb7ous Components. Asbestos (ND) Cellulose (Trace) 19 50497118 Layer: Beige Fibrous Material Chrysotile 85% Total Coiriposite °Values'ofFib WsQbfhponet#s: ' Asbestos(851 /6) Cellulose:(15 %), . . 20 50497119 Layer: Beige Fibrous Material Chrysotile 85% Total Composite 'Values of Fibrous Conipcaicnt� :.. Asbestos (85 %) Cellulose (15 %) 21 50497120 Layer: Beige Fibrous Material Chrysotile 85% Total Composite Values of Fibrous Components: Asbestos (85% Cellulose (15 %) 3 of 4 127 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763-8684 Report Number: B121419 Client Name: Forbess Consulting Group, Inc. Date Printed: 02; %17/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 22 50497121 Laver: Stones ND Layer: Black Tar ND Layer: Black Felt ND Total Composite Values of Fibrous Components: Asbestos (ND) Fibrous Glass (45 %) Layer: Black Felt 23 50497122 ND Layer: Stones ND Layer: Black Tar ND Layer: Black Felt. ND Total Composite Values_:of Fibrous Components: Asbestos (ND) Fibrous Glass (45 24 50497123 Layer: Stones ND Layer: Black Tar ND Layer: Black Felt ND 'Total Cmposite Values of Fibrous, Components: '. Asbestos (ND) Fibrous Glass (45 %) 25 50497124 Layer: Black Semi - Fibrous Tar Chrysotile 3% Total Cctlpostt$lues,s Fibrous Conponents Asbestos Asbestos (3 ®!0)„ celhilose (Trac'e) 26 50497125 Layer: Black Semi- Fibrous Tar Chrysotile 3% Total Composite Valuos t?f °Fi _"s Components: :. Asbestos,(3s o) Col•luiose (Trace}, 27 50497126 Layer: Black Semi - Fibrous Tar Chrysotile 3% 941,.Co posiie Values of)Fibi -oixs Cbmpr►nenfis: , .. Asbestos (3 %) Cellulose (Trace) *tL v,.,d4 Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1 %. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' _ 'None Detected'. Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of dic person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analyrtical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Govemment. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 4 of4128 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 76:3 -8684 Forensic Analytical Laboratories, Inc. Analysis Request Form (COC) Client No.: 7238 Fie Date: Field T rF Forbess Consulting Group, 1009 Mer Ojai, CA 933023 023 nue Inc, Turn Around TI / 1Day 1 2Day f 3 Day J 4Day / SDay ❑ 400A 0 m PCM: NIQSH 7 ❑ PCM: NIOSH 7400B Rotoeter PLM: 94tandard 1 0 Point Count 400 - 1000 ❑ CARB 435 T T Contact: Avg- LPM i ❑ TEM Air: ❑ AHERA / ❑ Yamate2 / ❑ NIOSH 7402 Alan Forbess j T ❑ TEM Bulk: 0 Quantitative I ❑ Qualitative I ❑ Chatfield ❑ TEM Water: ❑ Potable / O Non - Potable / O Wt % ❑ TEM Microvac d TEM Special Project_ Phone: 80"46-1995 Email: aforbess @pacbell.net Clie Name: �� ArCte ❑ tAQ Particle Identification (PLM LAO) f4! / t[,� W.4oA416vr 1/ / ❑ Particle identification (TEM LAB) Pr ect LocatAion- a6 / / 4Z t4 pAAgRK 13 Metals Analysis: Method AIR Paint Soil Wipe Drinking Water (Circle Onel ❑ TTLC X50 mg/kg ❑ STLC >1000 mglkg ❑ TCLP Anal es: Project N tuber: /✓2,4 > IReport Via: if EMAIL TO: aforbessCQ?Racbell.net I aatiipi uy: ! -15;ifvon- �ssr 9 _gpo 'ale: Z 1 Xz f I,me: O 9yv Shipped via: Of Fed Ex ❑ DHL ❑ UPS ❑ US Mail C Courier ❑ Drop Off ❑ Other: Relinquished by: ` A Relinquished by: Relinquished by: Date 1 Time: / Date f Time: Date / Time: r� 9 9 Received y Recehred by: Received by: Date i Tfinec Date f Time: Date / Time: L Condillo Yes ❑ 'No Condition Acceptable? ❑ Yes 0 No Condition Acceptable? ❑ Yes ❑ No Hayward Office: 3777 Depot Road, Suite 4091 Hayward, CA 94545-27611 Ph: 510. 887 4827 1 Fax: 510- 887 -42181 Toll Free: 800 -827 -3274 Los Angeles Lab: 2959 Pacific Commerce Drive 1 Rancho Dominguez, CA 222211 Ph: 310 -763 -23741 Fax: 310 - 763 -44501 Toll Free: 88MI3 -9417 Las Vegas Lab. 6765 S. Eastern Avenue, Suite 31 Las Vegas, NV 881191 Ph: 702 -784 -0040 I Fax: 702 - 784 -00301 Top Free. 888 - 813 -9417 129 Sampl Sample 1D S Sample Location/Description F FOR AIR SAMPLES ONLY A Are T T Time On/Off A Avg- LPM i i Total A j T Air plume Time �-A, 3 �% i �,v£Q �/sZ3�L✓fi [L_ - A A P - - -- - - - - 7'G� � i2 � �" v , - C W JQV T PC — _ A. J T+O ..�NT7ii�dlt' P i aC " tS�za Y w��fArrit vaaEra. sr>t�r F W/iva W W / E Ex rei�a& ! 9 �+%,paks e 2/ f�dlg l l �A:fCarr'f ivi¢lv�4tC P P - - -- - .Z �M/ l l�E M �— A A - - — - 2S-;Q i isT?c 000# F' P A -- - - -- -- G -15;ifvon- �ssr 9 _gpo 'ale: Z 1 Xz f I,me: O 9yv Shipped via: Of Fed Ex ❑ DHL ❑ UPS ❑ US Mail C Courier ❑ Drop Off ❑ Other: Relinquished by: ` A Relinquished by: Relinquished by: Date 1 Time: / Date f Time: Date / Time: r� 9 9 Received y Recehred by: Received by: Date i Tfinec Date f Time: Date / Time: L Condillo Yes ❑ 'No Condition Acceptable? ❑ Yes 0 No Condition Acceptable? ❑ Yes ❑ No Hayward Office: 3777 Depot Road, Suite 4091 Hayward, CA 94545-27611 Ph: 510. 887 4827 1 Fax: 510- 887 -42181 Toll Free: 800 -827 -3274 Los Angeles Lab: 2959 Pacific Commerce Drive 1 Rancho Dominguez, CA 222211 Ph: 310 -763 -23741 Fax: 310 - 763 -44501 Toll Free: 88MI3 -9417 Las Vegas Lab. 6765 S. Eastern Avenue, Suite 31 Las Vegas, NV 881191 Ph: 702 -784 -0040 I Fax: 702 - 784 -00301 Top Free. 888 - 813 -9417 129 Hayward Office: 3777 Depot Road, Suite 4091 Hayward, CA 94545-27611 Ph: 510. 887 4827 1 Fax: 510- 887 -42181 Toll Free: 800 -827 -3274 Los Angeles Lab: 2959 Pacific Commerce Drive 1 Rancho Dominguez, CA 222211 Ph: 310 -763 -23741 Fax: 310 - 763 -44501 Toll Free: 88MI3 -9417 Las Vegas Lab. 6765 S. Eastern Avenue, Suite 31 Las Vegas, NV 881191 Ph: 702 -784 -0040 I Fax: 702 - 784 -00301 Top Free. 888 - 813 -9417 129 02/12/2009 13:19 8054825544 JAMES THRIFTFT PAGE 01 1 o� • 144977£,2 e�4 rCL !`�`z aHe vvM -T- �T�itr� nv �/4t.La �Fiu�cGs �cJ�•e Z?�7�a4r2a DEI�y/�•�... 130 Environmental Consulting Services asbestos•mold - lead - property assessment forbess consulting group, inc. April 29, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey — Addendum Letter Point Count Results — Window Putty Sample 450 Charles Street Moorpark, CA 93021 Dear Ms. Sandifer: Forbess Consulting Group Inc. (FCG) performed a pre - demolition asbestos survey at the above - referenced property on January 15, 2009. FCG's report dated February 28, 2009 documented our findings which included all sampling results, conclusions and recommendations. This addendum report is provided to supplement the original report. Background: During our original survey of the site, bulk samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. Asbestos containing materials were identified and recommendations were outlined in Section 5.0 of our February 28, 2009 report. One sample of beige window putty was determined to contain a "trace" amount of asbestos when analyzed by PLM. Further analysis by Point Count methods was recommended, which uses gravimetric reduction and 1,000 point counting rules in order to quantify the concentration of asbestos to levels below the State's definition of an Asbestos Containing Material (0.1 by weight). Point Count Results: Further analysis by point count methods determined the amount of asbestos in the window putty layer to be 0.09 %, which is below the State's definition of an asbestos containing material. This material may therefore be handled by regular construction personnel and disposed of as regular construction waste. A complete copy of the point count analytical results for the window putty is attached for your records. This addendum report should be attached to the original February 28 survey for informational purposes. If you have any questions, please don't hesitate to contact us at 805.646.1995 Alan Forbess, Principal Consultant DOHS Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Results of Point Count Testing 450 Charles Street, Addendum Letter 131 Attachments Laboratory Analytical Results 132 Forensic Analytical Laboratories Final Report Bulk Asbestos Material Analysis (EPA Method 600.:R -93%1 16, Point Count Analysis) Forbess Consulting Group, Inc. Client Ill: 7238 Alan Forbess Report Number: N001443 1009 Mercer Avenue Date Received: 01/16/09 Date Analyzed: 03/27.09 Ojai, CA 93023 Date Printed: 03/27/09 Job ID /Site: M.R.A. -19,450 CHARLES ST./ MOORPARK FALI Job ID: 7238 Sample Preparation and Analysis: Each sample was prepared using the gravimetric technique. A representative subsample was weighed, ashed for eight hours, and reweighed to determine the proportion of the organic component. The ashed residue was ground in concentrated hydrochloric acid, dried and reweighed to determine the acid- soluble component weight percentage. The residual material was analyzed for asbestos using polarized light microscopy. Asbestos quantitation was performed using the semi- quantitative Point Count method following the general guidelines in EPA Method 600 /R- 93/116. The analytical sensitivity for the method is calculated as the asbestos concentration that results from one point counted in the analysis adjusted using the residual weight of the sample. The limit of detection for this method has not been determined. Sample ID Lab Number Sample Description 24 50492881 Light Beige Puttys Point Count Results: Number of asbestos points counted: 13 Number of non -empty points: 550 Percent asbestos in layer: 0.09 Analytical sensitivity ( %): 0.007 Asbestos type(s) detected: Chrysotile Comment: Gravimetn% Results: Organic weight percentage: 7.82 Acid-soluble weight percentage 88.35 Residual weight percentage: 3.83 4AL V;'d4 Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results. reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in frill, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the L.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. I of 133 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763-868 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. February 28, 2009 Ms. Jessica Sandifer City of Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre- Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 Dear Ms. Sandifer: Per your request, Forbess Consulting Group performed a pre - demolition asbestos survey at the above - referenced property on January 15, 2009. The investigation was performed by James Thrift, a CA Certified Site Surveillance Technician (No. 97- 2300); under the supervision of Alan Forbess, a CA Certified Asbestos Consultant (No. 94- 1549). This report documents the findings of our survey. 1.0 Background The subject site is a single - family residence of approximately 1,092 square feet that was reportedly built sometime in the 1930's- 1940's. The property is currently vacant and is scheduled for demolition as part of local redevelopment plans. FCG was contracted to perform an asbestos survey prior to demolition activities to identify asbestos containing materials (ACM) so that they can be properly abated prior to demolition in accordance with federal, state and local regulations. 2.0 Scope of Work The purpose of this survey was to document the presence of asbestos containing materials (ACM) at the subject site. The project included the following components: • A visual inspection of accessible interior and exterior building components was conducted to identify suspect ACMs. • Bulk samples were collected from suspect materials for submittal to a certified laboratory for analysis by Polarized Light Microscopy (PLM) methods to document the asbestos content of suspect materials. • Field observations and analytical data were evaluated, and this written report provided which summarizes our findings and provides recommendations for further action as necessary. 1009 Mercer Avenue Ojai, CA 93023 tel: 805.646.1995 fax: 805.640.1650 134 Forbess Consulting Group, Inc February 28, 2009 3.0 Visual Observations Pre - Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 The following visual observations were noted during our inspection of the subject site: • The house is approximately 1,920 square feet and is built of concrete masonry (brick) walls with plaster on the interior side. The home is on a raised concrete foundation. • The wood framed interior partition walls and ceilings throughout were covered with painted drywall and associated joint compound at seams. • The interior flooring consists of wood subflooring covered by carpeting, with resilient floor tiles, sheet flooring, and ceramic tile in various locations throughout the home. Multiple layers of floor tile and mastic were located over vinyl sheet flooring • The exterior walls consist of painted brick throughout. • Older wood framed windows with putty /glazing compounds located on window panes throughout. • The roof is plywood covered by newer composite shingles with felt underlayment. Suspect Materials: After a visual inspection of the interior and exterior building materials was completed, the following suspect asbestos materials were noted: • Plaster — Throughout interior perimeter walls • Drywall w /Joint Compounds (tape mud) — Throughout interior partition walls and ceilings • Sheet Flooring (Tan) — Kitchen • Multiple layers of tile + mastic over linoleum (Light Blue) — Living Room & Dining Room • Sheet Flooring (Grey /Blue) — Bathroom • Sheet Flooring (Blue Flower) — East Bedrooms (under carpet) • Floor Tile 12" (Blue w/ Mastic) — NW Bedroom (under carpet) • Window Putty — Exterior (10 windows) • Exterior Roofing (composite shingles and felts) — Throughout (no mastics noted) 4.0 Bulk/Surface Sampling On January 15, 2009, FCG collected 27 bulk samples from suspect asbestos containing materials at the above referenced property. The samples were collected and forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. This section outlines the methodologies for bulk /surface sampling. The results of the bulk/surface sampling are included in Table 1 below. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are placed directly beneath each sample location to collect any material that may become dislodged. 450 Charles Street, Pre -Demo Asbestos Rpt 2 135 Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey February 28, 2009 450 Charles Street Moorpark, CA 93021 Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. Bulk Sampling Results: The tables below provide a summary of all analytical data from collected samples. Please refer to the attachment section for complete laboratory analytical results. Table 1: Asbestos Sample Results — 450 Charles Street, Moorpark, CA Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable 450 Charles Street, Pre -Demo Asbestos Rpt 3 136 ND 1 -3 Plaster Interior Perimeter Walls (Throughout) 4 -6 Drywall /Joint Interior Dividing Walls and ND Compound Ceilings (Throughout) 7 -9 Sheet Flooring (Tan) Kitchen ( -100 ft2) ND 2 layers of Floor the White Tile + mastic - ND Non - Friable *, Class and Sheet Living Room & Dining Beige the + mastic - ND II material in good 10-12 Flooring/Linoleum Room (_300 ft2) Tan sheet flooring + Fibrous Backing - 75% condition (*friable (tan /It. blue) (in backing only) upon removal) 13 -15 Sheet Flooring Bath Flooring + Backing - ND (Grey /Blue) ( -50 ft2) Mastic - ND 16 -18 2 layers Sheet Flooring East Bedrooms Beige /Blue sheet flooring - ND (Beige/Blue + tan (_300 ft) Tan sheet flooring - ND 19 -21 Floor Tile Northwest Bedroom Beige Tile - 2% Non - Friable, Class II material in fair (Beige /Blue 12 ") ( -125 ft2) Black Mastic - 3% condition Non- Friable, Class 22 24 Window Putty Exterior Windows Putty = Trace ( <1 %) II material in fair (10 total) condition 25 -27 Roofing Layers Throughout ND (Shingles, felts) ( -1,100 ft2) Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable 450 Charles Street, Pre -Demo Asbestos Rpt 3 136 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., grinder, buffer, radial saw, etc.). • Class 1 materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class II materials are defined as asbestos which is not TSI or surfacing material. This includes, but not limited to wallboard, floor tiles and sheeting, roofing and siding shingles, and construction mastics. • Linoleum or sheet flooring with a fibrous backing is considered a Class 11, non - friable material until disturbed, where it is considered a Class I, friable material because of the backing material which becomes airborne during removal. • Presumed Asbestos Containing Materials (PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors to "presume" that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. • Trace kl %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1% asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1 % of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. 5.0 Conclusions & Recommendations An asbestos survey of the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: Inventory of Asbestos Containing Materials (ACM): The following asbestos containing materials were identified as a result of our survey of the subject site: Sheet Flooring /Linoleum (light blue/tan): This material is located under two layers of tile and mastic in the Living Room & Dining Room. The vinyl surface of the sheet flowing on the bottom layer is negative for asbestos, but the backing contains a fibrous material with an estimated 75% chrysotile asbestos. The underlying mastic tested negative. This is a non - friable, Class II material in fair condition when intact; however, upon removal the fibrous backing will become friable, making this a Class I material which must be removed in containment. Total quantity is estimated at 300 sq. ft. Based on the presence of asbestos in the bottom layer of sheet flooring, all flooring in this area must be managed as asbestos containing, unless the layers can be safely separated without disturbance to the backing of the linoleum. 450 Charles Street, Pre -Demo Asbestos Rpt 4 137 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 Floor Tile & Mastic (12" blue): This material is located in the northwest bedroom, with 2% asbestos in the tile and 3% asbestos in the underlying black mastic. This is a non - friable, Class 11 material in fair condition, with an estimated quantity of 125 sq. ft. Window Putty.- One of three window putty samples was found to contain a trace ( <1 %) amount of chrysotile asbestos. Based on this finding, all window putty must be presumed to contain asbestos unless further testing is conducted. Further testing would be required to determine if the concentration of asbestos exceeds the State's regulatory level of 0.1% total asbestos by weight. Without further testing, window putty must be managed as an asbestos containing material (ACM). Materials Testing Negative for Asbestos: The following suspect materials were sampled as part of our survey, with no detectable asbestos found: • Plaster (throughout interior perimeter walls) • Drywall w/ Joint Compound (throughout interior walls & ceilings) • Tan Sheet Flooring (Kitchen) • Grey /Blue Sheet Flooring (Bathroom) • Beige /Blue Sheet Flooring (East Bedrooms) • Exterior Roofing (Composite Shingles, felts) Recommendations: The following recommendations are provided for your consideration: • Vinyl sheet flooring under tiles in the living room and dining room must be removed prior to demolition. This work must be conducted under full negative pressure containment and HEPA filtration to prevent fiber releases. All layers of flooring should be removed together and disposed as friable, asbestos waste unless the top layers of the can be safely removed without disturbing the bottom layer of linoleum (sheet flooring). • Floor the and mastic in the northwest bedroom must be removed prior to demolition. Minimum controls must include splash guards, wet methods and local HEPA filtration. • Window putty /glazing compound samples may be further analyzed by Point Count or transmission electron microscopy (TEM) methods to quantify the actual concentration of asbestos in order to determine if this material meets the California definition of a non - Asbestos Containing Material (<0.1% asbestos by weight). If the windows can be removed intact without disturbance to the putty /glazing compound, then no special handling or other controls are necessary. We recommend taping over each putty seam to minimize the potential for disturbance and damage during removal. The windows may be recycled or disposed as normal construction waste as the putty contains less than 1 % total asbestos and is therefore a non - hazardous waste material. State regulations define asbestos as hazardous waste only if the waste is friable and contains greater than 1% total asbestos. • If suspect materials are encountered which have not been assessed as part of this survey, all work should be halted immediately upon discovery and the work area isolated until further testing or assessment can be conducted to determine the appropriate response actions. 450 Charles Street, Pre -Demo Asbestos Rpt 5 138 Forbess Consulting Group, Inc February 28, 2009 Pre - Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 General Recommendations: The following general recommendations are provided for your consideration prior to demolition of the structure in question: 1. The asbestos containing materials identified on site must be removed prior to demolition work or other disturbances which might result in asbestos fiber emissions. 2. All identified ACM must be disturbed only by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the removal process. This may include the use of wet methods (water mist), HEPA filtration, negative pressure containments or other engineering controls designed to keep dust and fibers from being dispersed. 3. Workers performing asbestos removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, and similar personal protective equipment in accordance with federal and state regulations. 4. Asbestos containing waste materials must be properly contained and transported for off site disposal at a permitted disposal facility. 5. We strongly recommend that all asbestos abatement work be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure all abated areas are within the EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact FCG at (805) 646 -1995 for a cost estimate to provide these services. 6. The local enforcement agency for asbestos removal projects is the Ventura County Air Pollution Control District (VCAPCD). They require notification for removal of friable, asbestos containing materials in quantities which exceed 160 square feet or 260 linear feet. They should not require notification and payment of fees for non - friable removal projects. Regardless of the type of asbestos and the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required notifications for APCD review. The local Building Department may also require notification and survey information prior to issuing a demolition permit. We recommend that you contact the APCD and local Building Departments directly for further information regarding permitting and regulatory requirements. 7. The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at 805.646.1995. 450 Charles Street, Pre -Demo Asbestos Rpt M 139 Forbess Consulting Group, Inc February 28, 2009 Limitations Statement Pre - Demolition Asbestos Survey 450 Charles Street Moorpark, CA 93021 The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at 805.646.1995. Forbess Consulting Group, Inc. Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Analytical Results 450 Charles Street, Pre -Demo Asbestos Rpt 7 140 Attachments Laboratory Analytical Results Bulk Sample Log Field Notes 141 Forensic Analytical Final Report Bulk Asbestos Analysis (EPA Method 600/R -93 -116, Visual Area Estimation) Forbess Consulting Group, Inc. Client ID: 7238 Alan Forbess Report Number: B120571 1009 Mercer Avenue Date Received: 01/16/09 Date Analyzed: 01%16/09 Ojai, CA 93023 Date Printed: 0l J 19/09 First Reported: 01,•'19/09 Job ID /Site: M.R.A. 49; 450 CHARLES ST./ MOORPARK FASI Job ID: 7238 Total Samples Submitted: 27 Date(s) Collected: Total Samples Analyzed: 27 Asbestos Percentin Asbestos Percentin Asbestos Percentin Sample ID Lab Number Type Layer Type Layer Type Layer 1 50492858 Layer: Light Grey Plaster ND Layer: Paints ND Cellulose (Trace) 2 50492859 Layer: Light Grey Plaster Layer: Paint Laver: Off -White Non - Fibrous Material 3 50492860 Layer: Light Grey Plaster Layer: Paint Layer: Off -White Non - Fibrous Material 4 50492861 Layer: Off -White Drywall Layer: Paints Cellulose (20 ° /n) 5 50492862 Layer: Off -White Drywall Layer: Off -White Skimcoat/Joint Compounds Layer: Paints Laver: Beige Non - Fibrous Material ND ND ND ND ND ND ND ND Aos (ND) 1 of 5 142 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8084 Client Name: Forbess Consulting Group, Inc. Report Number: B120571 Date Printed: 01/19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample 1D Lab Number Type Laver Type Layer Type Layer 6 50492863 Layer: Off -White Drywall ND Layer: Off -White Skimcoat /Joint Compounds ND Layer: Paints ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (20 %) 7 50492864 Laver: Beige Sheet Flooring Layer: Fibrous Backing Layer: Beige Mastic W/ White Non - Fibrous Layer: Wood 8 50492865 Laver: Beige Sheet Flooring Layer: Fibrous Backing Layer: Beige Mastic W/ Whitc Non- Fibrous Layer: Wood 9 50492866 Layer: Beige Sheet Flooring Layer: Fibrous Backing Layer: Beige Mastic W:' White Non - Fibrous Layer: Wood ND ND ND ND 10 50492867 Layer: Off -White Tile ND Layer: Clear Mastic ND Layer: Beige Tile ND Layer: Tan Mastic ND Layer: Tan Sheet Flooring ND Layer: Fibrous Backing Chrysotile 75% Total Cotnptisile V dues pf Fibrous Cbtnpo tints: Asbestos (I I%) Cel uloso >(7, %) Commeni: 'Bulk complex sample_ of 5 143 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 13 Layer: Grey Sheet Flooring Layer: Fibrous Backing Laver: Tan Mastic mponents, " Asbestos (ND) 50492870 ND ND ND 14 50492871 Layer: Grey Sheet Flooring ND Layer: Fibrous Backing ND 15 Layer: Grey Sheet Flooring Layer: Fibrous Backing Layer: Tan Mastic 16 Layer: Beige /Blue Sheet Flooring Layer: Fibrous Backing Layer: Light Tan Sheet Flooring Layer: Fibrous Backing 50492872 ND ND ND is (ND) 50492873 3 of 5 144 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8084 Report Number: B120571 Client Name: Forbess Consulting Group, Inc. Date Printed: 01/19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Laver Type Layer Type Laver 11 50492868 Layer: Off -White Tile ND Layer: Clear Mastic ND Layer: Beige Tile ND Layer: Tan Mastic ND Layer: Tan Sheet Flooring ND Layer: Fibrous Backing Chrysotile 75% Total Composite Values of Fibrous Components: '. Asbestos (11 %) Cellulose (71/6) Comment: "Bulk complex sample..; 12 50492869 Layer: Off- IAThite Tile ND Layer: Clear Mastic ND Layer: Beige Tile ND Layer: Tan Mastic ND 13 Layer: Grey Sheet Flooring Layer: Fibrous Backing Laver: Tan Mastic mponents, " Asbestos (ND) 50492870 ND ND ND 14 50492871 Layer: Grey Sheet Flooring ND Layer: Fibrous Backing ND 15 Layer: Grey Sheet Flooring Layer: Fibrous Backing Layer: Tan Mastic 16 Layer: Beige /Blue Sheet Flooring Layer: Fibrous Backing Layer: Light Tan Sheet Flooring Layer: Fibrous Backing 50492872 ND ND ND is (ND) 50492873 3 of 5 144 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8084 Client Name: Forbess Consulting Group, Inc. Report Number: B120571 Date Printed: 01 19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 17 50492874 Layer: Beige /Blue Sheet Flooring ND Layer: Fibrous Backing ND Layer: Light Tan Sheet Flooring ND Layer: Fibrous Backing ND Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (65 %) Fibrous Glass (Trace) 18 50492875 Layer: Beige /Blue Sheet Flooring ND Layer: Fibrous Backing ND Layer: Light Tan Sheet Flooring ND ND 19 50492876 Layer: Beige Tile Laver: Black Mastic 20 50492877 Layer: Beige Tile Laver: Black Mastic 21 50492878 Layer: Beige Tile Layer: Black Mastic 22 50492879 Laver: Beige Putty Layer: Paint 23 50492880 Layer: Off-White Putty Layer: Paint 24 50492881 Chrysotile 2% Chrysotile 3% bestos (2 %) Chrysotile 2% Chrysotile 3% Chrysotile 2% Chrysotile 3% bestos (2 %) Layer: Light Beige Puttys Chrysotile Trace Layer: Paint ND Total Composite Values of Fibrous Components: Asbestos (Trace) Cellulose (Trace) 4 of 5 145 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / `ax: (310) 763 -8084 Client Name: Forbess Consulting Group, Inc. Report Number: B120571 Date Printed: 01/19/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Laver Type Layer Type Layer 25 50492882 Laver: Stones Layer: Black Tar Layer: Black Felts Total Composite Values of Fibrous Components: Asbestos (ND) Cellulose (25 I%) Fibrous Glass (50 %) 26 50492883 ND ND ND Layer: Stones ND Layer: Black Tar ND Layer: Black Felts ND Total Composite: Values of Fibrous ±Components: Asbestos (ND) Celluiasc (25 %)- Fibrous Glass (50 i/4) Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = I %. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' _ 'None Detected'. Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of tltc person or entity (client) named on such report. Results, reports or copies of same will not be released by Forensic Analytical to any third party without prior written raluest from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the use and interpretation oftest results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 5 of 5 146 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 703 -8084 01/15/2009 17:33 8054825544 JAMES THRIFTFT PAGE 06 M Finanalr..AnahMrsd Analysis Request Form cOt Rom A Addmas cent It: � 'Farbtss Consul P� � Dow A.�rut iZw 1 24hr 14$ hr 1 oxt ow OEM- I I DueTkw - i D Oq Mercer five, 9362-,3 Purl: r O � court f� P�M:-f�OlSi 74M conuct 4' Or' 'GS © TM Air: O AURA i ©Y aVa21 O NOW 7402 O WA su8cs 0 Quwo�so i 1- O QuWk m / Cl Che!lteid Q Tim vvmw O Poftft / O Non*WSUe / 0 Wt % TEM Mwrovu FUM MS AL 60 _0 U spwi9i pr*-f ©INatahaARatyais: MefhoC commanbs: e ma / 74Z .• 7��r. s� � �� 3wnple ID Bowe � A T TimaONOti Avg.- WPM O DI ,> '01,40 p C - C I - WOP .. P s---- -- - 9� Ned, P c -�►x > Zt11NDOf•id - P C Ssmpi�d by; 1 Cate: , I ! 105r- T[me: Z.7 -W $[ VW ZFed Ex O Mbane UPS © C:OUAes 0 DP Off O OttW Y ` ga� 1 Date / 77rtre: Rsiinqula Wib ! TMyre: DaN 1 Tfata: hAwls? O Yes O W ! 1 Time: Conadon N? Yes O W ad by: Orte / Tlmw: CwWMgnAcceptabb? O YM O W Sere Fra oYQAloa:'3777 Depot RUaA, 409. maywaA G wft m4845ITekpwm (5101887-8828 1800182? -FAST / Fa�c (51007-4218 Angeles one: 2M PSdfiC CmryrMM tire, i&rho Uaaf owz. Calfomla X11 T96 Owns: (MO)M -2374 I Feu (810)76 ..esea 147 01115`2009 17:33 8054825544 JAMES THRIFTFT PAGE 07 (5-0 ZfWoVe4oa S7 7- t4� .y2nFT' • 3os �o S �'�' �ovs�vcr�o�. ���� AAA `i : -z; r , ,ta✓L AIALc s • Q.�A �� Gib / �4�� l�.���s � �� MH ATTACHMENT 2 RESOLUTION NO. 2009 — A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ( "AGENCY'), CALIFORNIA, AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $9,350.00 FROM THE MRA 2001 TAX ALLOCATION BOND PROCEEDS FUND (2904) FOR DEMOLITION OF 661 MOORPARK AVENUE WHEREAS, on July 2, 2008, the Board of Directors adopted the Agency budget for Fiscal Year 2008/2009; and WHEREAS, the Agency desires to demolish the building located at 661 Moorpark Avenue; and WHEREAS, a budget amendment is needed to fund the demolition of this building. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $9,350.00 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 17th day of June, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment Detail 149 EXHIBIT A BUDGET AMENDMENT FOR MRA 2001 TAX ALLOCATION BOND PROCEEDS TO FUND DEMOLITION OF 661 MOORPARK AVENUE FY 2008/2009 FUND ALLOCATION FROM: Fund Account Number Amount Amended Budget 2904 - 2410 - 5074 -9611 $ - 2001 Tax Allocation Bond Proceeds 2904 -5603 $ 9,350.00 Total $ 9,350.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2904 - 2410 - 5074 -9611 $ - $ 9,350.00 $ 9,350.00 Total $ - $ 9,350.00 $ 9,350.00 Approved as to Form: IL- 150 CITY pP MOORPARK, CAUFORN*- Redevelopment Agency g, ency Meetin of _ ��-11 n ACTION:�G� A0, ITEM 5_G BY• MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors / From: David C. Moe II, Redevelopment Manager Date: June 5, 2009 (Agency Meeting of 6/17/09) Subject: Consider Granting Maintenance Easements to the Ventura County Watershed Protection District BACKGROUND & DISCUSSION In order to properly maintain and repair the Walnut Canyon Storm Water Channel ( "Channel'), the Ventura County Watershed Protection District is requiring the existing easement be expanded into two locations. The locations of the expanded easement are west of the Moorpark Library and north of the new Post Office location ( "Exhibit A "). The expanded easement will provide sufficient area for maintenance crews to maintain the Channel without the need of securing construction easements from adjoining property owners to maintain, repair or replace the reinforced concrete pipe. FISCAL IMPACT None. STAFF RECOMMENDATION Approve granting an expanded easement to the Ventura County Watershed Protection District; and 2. Authorize the Executive Director to execute any documents necessary to grant the expanded easement, subject to final language approval by Executive Director and Agency Counsel. Exhibit "A ": Legal description of easement Exhibit "B ": Legal description of easement Exhibit "C ": Legal description of easement 151 EXHIBIT "A" Commencing at the Southeast corner of that certain parcel of land described in the Deed to the Moorpark Memorial Union High School District, dated December 20, 1957 and recorded in Book 1587, Page 274 of Official Records, in the Office of the County Recorder, County of Ventura, State of California; South 00 degrees 04 minutes 58 seconds West 15.00 feet to the Southwest comer of Parcel A per Deed recorded June 25, 1962, in the Office of said County Recorder in Book 2167, Page 509 of Official Records; thence, Along the South line of said Parcel A, North 89 degrees 53 minutes 47 seconds West 297.00 feet to the True Point of Beginning; thence, FIRST: South 00 minutes 06 minutes 13 seconds West 12.00 feet; thence, SECOND: North 89 degrees 53 minutes 47 seconds West 135.00 feet; thence, THIRD: North 00 degrees 06 minutes 13 seconds East 12.00 feet to the South line of said Parcel A; thence, FOURTH: South 89 degrees 53 minutes 47 seconds East 135.00 to the True Point of Beginning. Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 / CVE 3181 J n E. Tracy, R.C.E. 15566 Exp. 06 30 09 prepared on March 18, 2009 Dated No. 15566 Expo. 6%V49 152 DRAINAGE EASEMENT 20, Mil EXHIBIT D N 00 °04'58 "E 66.46 f f 'RUE POINT OF BEG,NNING I EXH,a1T C I ti 0' 40 80 160' �. i /2.. 1- SCALE: I " =80' A = 03 025'23 R=726.36' L = 4 3.40' N 89 °5347 "W r 135.00' S00 °06'13 "W 12.00' N00 006'13 "E 10.70' 1 f�l itl 00 � - - - -- co I I �V A= 90000'00" c� I Q I R= 87.05' p <v p U-) PARC�� PARCEL A 2167 -OR -509 N 8 90 53'47" W 297.00' (64 DDS 169) SOUTHERN PACIFIC RAILROAD RIGHT OF WAY Prepared for: Moorpark Redevelopment Agency 7'99 Moorpark Road Moorpark, CA 93021 (805) 517 -6217 Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 CVE 3181 3/19 /09 Ohn E. Tr-jr, R.C. .15566 -- ^ — i S 8905347 "E 20.00' S 0000458" W 66.46' SOUTH LINE OF �5142O.R =424 �I S 89 053'47 "E � 20.00' iol N N I 0 0 0 N TRUE POINT OF BEGINNING EXHI81T8 (358- 0.R -9) HIGH STREET N 89053'47"W 20.00' 'O0 �N 15' Fk y� T OA, 6�TS 4CQ MM�yC Np 6 F,yF� f lM 153 EXHIBIT "B" A strip of land 20 feet wide laying East of the East line of that certain Parcel of land described in the Deed to the Moorpark Memorial Union High School District dated December 20, 1957 and recorded in Book 1587, Page 274 of Official Records in the Office of the County Recorder, County of Ventura, State of California, more particularly described as follows: Commencing at the Southeast corner of said Deed North 00 degrees 04 minutes 58 seconds East 40.00 feet along the East line of said Deed to the North line of High Street per Deed recorded in Book 358, Page 9 of Official Records in the Office of said Recorder to the True Point of Beginning; thence, Continuing along the east line of said deed North 00 degrees 04 minutes 58 seconds East 265.54 to the Southwesterly corner per Deed recorded in Book 5142, Page 424; thence, along the south line of said Deed, South 89 degrees 53 minutes 47 seconds East 20.00 feet; thence South 00 degrees 04 minutes 58 seconds West 265.54 feet to the North line of High Street per said Deed; thence, North 89 degrees 53 minutes 47 seconds West 20.00 feet along the North line of High Street to the True Point of Beginning. Excepting there from all of that certain strip or parcel of land ten (10) feet wide described in the Deed to Ventura County and recorded in Book 663, Page 153 of Official Records. Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 / CVE 3181 hn E. Tracy,`R.GE. 5566 Exp. 06 30 09 prepared on March 18, 2009 Dated No. 15566 fjqL 6%V49 154 DRAINAGE EASEMENT EXHIBIT D N00 004'58 "E 66.46' I I TRUE Pp1Nj of BEG�NNkNG EXN�B1T C I h Ia O� ( OAK 40 80' 160' 0" 1/2" I" 2" SCALE: 1 " =80' A - 03 025'23 /�R= 726.36' L = 43.40' a 89 °5347 "E 91.63' N 890 5347 "W — 135.00' S 00 006'13 "W 12.00' NO0 006'13 "E 10.70' 2�2 I �I 2 � — — I �I QD �Q A= 90000'00" N I Q 0 1 R =87.05' pe I U. �74111 � S� � ti i p a N PAROF� PARCEL A 2167 -OR -509 N 8 90 53'47" W 297.00' (64 DDS 169) SOUTHERN PACIFIC RAILROAD RIGHT OF WAY Prepared for: Moorpark Redevelopment Agency 799 Moorpark Road Moorpark, CA 93021 (805) 517 -6217 Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 CVE 3181 3/19 /09 John Tracy,-R-. . 15566 0 to tI 20 10' S 89 053'47 "E 20.00' S 00 °04'58" W 66.46 SOUTH LINE OF 5142-O.R. -424 S 89 053'47 "E 20.00' v � tq to In (D N \I� 3 0 ° 0 0 Cn TRUE POINT OF BEGINNING EXHIBITS (358- 0.Rr9) HIGH STREET N 89 053'47" W 20.00' 'O0 �N 15' 44,0 tip 49 �MFNt No. 15566 Em. 6.30.09 155 EXHIBIT "C" A strip of land 20 feet wide laying East of the East line of that certain Parcel of land described in the Deed to the Moorpark Memorial Union High School District dated December 20, 1957 and recorded in Book 1587, Page 274 of Official Records in the Office of the County Recorder, County of Ventura, State of California, more particularly described as follows: Commencing at the Southeast comer of said Deed North 00 degrees 04 minutes 58 seconds East 305.54 feet along the East line of said Deed to the Southwesterly comer per Deed recorded in Book 5142, Page 424 of Official Records in the Office of said Recorder to the True Point of Beginning; thence, Continuing along the east line of said deed -North 00 degrees 04 minutes 58 seconds East 66.46 feet; thence, South 89 degrees 53 minutes 47 seconds East 20.00 feet; thence South 00 degrees 04 minutes 58 seconds West 66.46 feet to the South line of•said Deed; thence, North 89 degrees 53 minutes 47 seconds West 20.00 feet along the South line of said Deed to the True Point of Beginning. Excepting there from all of that certain strip or parcel of land ten (10) feet wide described in the Deed to Ventura County and recorded in Book 663, Page 153 of Official Records. Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 / CVE 3181 Jdhn E. Trac , R.C.E. 15566 Exp. 06 30 09 prepared March 18, 2009 Dated No. 15566 EvL 63ao9 CAS 156 DRAINAGE EASEMENT EXHIBIT D N 00 °04'58 "E 66.46' f TROE POINT Of BEG1NNiNG I I EXNIg11 C I I' f (� I tit c u� 0' 40 80' 160' 0„ 1/2" 1" 2" SCALE: I " =80' A= 03 025'23 ' L = 4 3.40' in N 89 °53'47 "E '� 91.63' N 89 °53'47 "W 135.00' S 00 006'13 "W 12.00' N00 006'13 "E 10.70' 1 \`�0 Iol to Itl I '0090°00A= " ti p 10VO Q R= 87.05' JV U I I to PARCH\ 1 N PARCEL A 2167 -OR -509 N 8 90 53'47" W 297.00' (64 DDS 169) SOUTHERN PACIFIC RAILROAD RIGHT OF WAY Prepared for: Moorpark Redevelopment Agency 799 Moorpark Road Moorpark, CA 93021 (805) 517 -6217 Prepared by: CVE Engineering, Inc. P.O. Box 7208 Thousand Oaks, CA 91360 (805) 496 -2282 CVE 3181 3/19 /09 myrA. John E. Trac 566 =. M na 12n nn 20' S 89 °5347 "E 20.00' ' S 00 °04'58" W 66.46' SOUTH LINE OF 514 2-R. -42 4 L �I t S 89 053'47 "E I 20.00' al v v `r O (D 0 N I N 3 Ift isms E* 157 v `r O Of 0 o0 O zl rn TRUE POINT OF I BEGINNING EXHIBITS (358- 0.Rt9) HIGH STREET N 89 053'47" W 20.00' 'OO 15 Fiy /y70 tia FMF� 6 Ift isms E* 157 CITY OF MOORPARK, CALIFORN,!,, Redevelopment Agency Meeting of % -11-,goo 4) ACTION: MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe 11, Redevelopment Manager Date: June 6, 2009 (Agency Meeting of 06/17/09) Subject: Consider Contract for Theater Management Services BACKGROUND ITEM 5.H The Redevelopment Agency of the City of Moorpark acquired the High Street Arts Center ( "HSAC ") on August 1, 2005, in an effort to preserve a venue for live performances in the downtown. On April 26, 2006 the Agency Board approved the retention of an independent contractor to manage the HSAC and produce a theater season. The contract had a one -year term that expired on June 30, 2007. On June 20, 2007, the Agency Board approved a second contract for theater management services that expired on June 30, 2008. The Agency conducted an 18 and 22 month review of the performance of the HSAC and on June 18, 2008, authorized staff to execute a third contract with the incumbent contractor, which will expire on June 30, 2009. DISCUSSION The HSAC has been operating with the theater manager model for three years. The performance and overall success of the Center is satisfactory. Staff is recommending extending the Theater Manager's contract for an additional one year period. The monthly compensation to the consultant will remain $5,227.00. Attachment 1 is a draft Agreement for Professional Services between the Agency and L.J. Stevens. The agreement remains in substantially the same form as the last agreement, with the exception of incorporating the goals discussed at the May 20, 2009, Agency meeting. FISCAL IMPACT Staff has included $62,724.00 in the proposed 2009/2010 Agency Budget to fund this contract. 158 Honorable Agency Board of Directors June 17, 2009 Page 2 STAFF RECOMMENDATION Approve contract for theater management services for a one year period beginning July 1, 2009, subject to final language approval by Executive Director and Agency Counsel. Attachment 1 Draft Agreement for Professional Services 159 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 200991 between the Moorpark Redevelopment Agency, hereinafter referred to as "AGENCY ", and L.J. Stevens, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, AGENCY has a need for certain management services; and WHEREAS, AGENCY desires to contract for such services with a private consultant; and WHEREAS, AGENCY wishes to retain CONSULTANT for the performance of said services. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: AGENCY does hereby appoint CONSULTANT in a contractual capacity to perform the services in accordance with the terms and conditions hereinafter set forth and with the authorities and responsibility ordinarily granted to this type of consultant work. COMPENSATION AND SERVICES The fees in full compensation to CONSULTANT for the services rendered, and an initial list of assignments for which services shall be provided, shall be as set forth in Exhibit "A ", Administrative and Management Services for the High Street Arts Center located at 45 High Street hereafter referred to as "Center ". CONSULTANT shall submit payment requests on a monthly basis. II. TERMINATION This agreement may be terminated with or without cause by either party at any time with no less than (10) days written notice to CONSULTANT by AGENCY and no less than thirty (30) days written notice to AGENCY by CONSULTANT. In the event of such termination, CONSULTANT shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be limited to actual services performed. Ill. GENERAL CONDITIONS A. AGENCY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by CONSULTANT performing services hereunder for AGENCY. -- 1 -- 160 B. CONSULTANT is and shall at all times remain as to AGENCY a wholly independent contractor. Neither AGENCY nor any of its officers, employees, servants, or agents shall have control over the conduct of CONSULTANT or any of the Consultant's officers, employees, or agents, except as herein set forth. C. At the time of termination of this agreement, all Agency files including but not limited to original documents, designs, drawings, reports, logos, CD's, computer files, notes or other related materials, whether prepared by CONSULTANT or his /her subcontractor(s), or obtained in the course of providing the services to be performed pursuant to this Agreement shall be given to AGENCY upon 24 hours notice. D. CONSULTANT shall hold harmless and indemnify AGENCY and its officers, employees, servants, and agents from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, of CONSULTANT or any of its officers, employees, or agents in the performance of this agreement, except such damage as is caused by the negligence of AGENCY or any of its officers, employees, servants, agents or others not under the control of CONSULTANT. AGENCY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by AGENCY, or the deposit with AGENCY, of any insurance policy or certificate required pursuant to this agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. E. In the event CONSULTANT hires employees other than officers, then CONSULTANT shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by CONSULTANT in work under this agreement is protected by the workers' compensation law, CONSULTANT shall provide adequate insurance for the protection of such employees to the satisfaction of the AGENCY. F. CONSULTANT shall provide the Agency with a Certificate of Insurance showing proof of automobile liability and property damage insurance coverage for limit amounts of $300,000 per accident and $100,000 each person. Said Insurance Certificate shall name the Agency as "Also Insured ". Consultant shall not be required to provide any other insurance coverage to the Agency. G. CONSULTANT shall not assign this agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that CONSULTANT is uniquely qualified to perform the services provided for in this agreement. 161 H. Payment to CONSULTANT shall be made by AGENCY within 30 days of receipt of invoice, except for those which are contested or questioned and returned by AGENCY, with written explanation within 30 days of receipt of invoice. CONSULTANT shall provide to AGENCY a written response to any invoice contested or questioned and further, upon request of AGENCY, provide AGENCY with any and all documents related to any invoice. Consultant shall submit the monthly invoice no later than the Monday before the third Wednesday of the month. Any notice to be given pursuant to this agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for who intended as follows: To: Moorpark Redevelopment Agency Attn: Executive Director 799 Moorpark Avenue Moorpark, CA 93021 To: L.J. Stevens 1762 First Street, Unit A Simi Valley, CA 93065 Either party may, from time to time, by written notice to the other, designate a different address, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. Nothing contained in this agreement shall be deemed, construed, or represented by AGENCY or CONSULTANT or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between AGENCY and CONSULTANT. J. This agreement constitutes the entire agreement of the parties concerning the subject matter hereto and all prior written agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. K. Should interpretation of this agreement, or any portion thereof be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that a party prepared the agreement or caused it to be prepared. L. No waiver of any provision of this agreement shall be deemed, or shall 162 constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. M. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. N. Cases involving a dispute between AGENCY and CONSULTANT may be decided by an arbitrator if both sides agree in writing to arbitration and on the arbitrator selected, with costs proportional to the judgment of the arbitrator. O. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action to herein, shall be filed in the applicable court in Ventura County, California. P. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. Q. CONSULTANT agrees that she has no interest, nor shall she acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further agrees that she has not contracted with nor is performing any services directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or partnerships and /or public agencies owning property and /or processing an entitlement application for property in the City of Moorpark or its Area of Interest, and further agrees that she shall provide no service or enter into any agreement with any developer(s) and /or property owner(s) and /or firms(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City of Moorpark or its Area of Interest, prior to completion of the term of this Agreement. With the exception of Section 1 of this Agreement, neither CONSULTANT nor any member of her immediate family shall have any economic interest, or acquire or receive any economic interest, directly or indirectly in any manner or degree arising out of the performance of this Agreement, including, but not limited to, economic interests in any performance or production at the theater during the term of this Agreement. CONSULTANT further agrees she shall provide no service or enter into any agreement with any individual or entity that has an agreement to provide services, materials, or equipment to AGENCY or City of Moorpark or that -- 4 -- 163 IITA rents the Center from the Agency or is involved in any manner with a performance or production at the Center without the prior written consent of the Executive Director. CONSULTANT also agrees she will not accept a gift from any person or entity doing business with the Agency, City of Moorpark or involved in any manner with a performance or production at the Center. For purposes of this Agreement, a gift is defined as provided for in Government Code Section 87300 es seq. and Title 2, Division 6, California Code of Regulations, Section 18730 and amendments or supplementary thereto. R. CONSULTANT agrees that she shall not provide a reference or response to personnel and work experience related inquiries pertaining to any current or prior employees of AGENCY and shall refer all such matters to the AGENCY's Human Resources office. S. If any portion of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. T. CONSULTANT shall provide monthly progress reports to the Agency detailing the CONSULTANT'S activities. U. The Agency Executive Director or designee is the Executive Producer of the Center. The Executive Producer or designee shall approve all performances at the Center and accompanying staffing, materials and advertising, as detailed in the production budget, prior to any work commencing for the production. The Executive Producer shall also have the authority to lease the Center to other individuals or entities for a single production or theater season. Exhibition of adult type motion pictures that are rated NC -17 "X ", "XX", or "XXX" or higher as such ratings are now or hereafter in effect, or similarly rated under any other rating system is not allowed. Motion pictures that are not rated may be allowed after preview by the Consultant and Agency's representative for confirmation the motion picture does not fall within the ratings referenced above. RESPONSIBLE INDIVIDUAL The individual directly responsible for CONSULTANT'S overall performance of the Agreement provisions herein above set forth shall be L. J. Stevens. The individual directly responsible for the AGENCY shall be the Executive Director or his /her designee. V. EFFECTIVE DATE AND IMPLEMENTATION DATE The effective date of the Agreement shall be July , 20098. --5-- 164 Moorpark Redevelopment Agency CONSULTANT OF Steven Kueny L. J. Stevens Executive Director Date Date ATTEST: Deborah S. Traffenstedt Agency Secretary __6__ 165 EXHIBIT A ADMINISTRATIVE AND MANAGEMENT SERVICES A. Services The following services ( "SERVICES ") are to be performed by the CONSULTANT for management of the Center: 1. Assume management responsibility for services and activities of the Center including promotion and institutional development within Ventura County and adjacent regions; develop, produce, schedule and oversee all programming. 2. Manage and participate in the development and implementation of goals, objectives, policies, and priorities for programs; recommend and administer Agency approved policies and procedures. 3. Identify opportunities for improving service delivery methods and procedures; identify resource needs; review with appropriate Agency staff; implementation of improvements. 4. Plan, direct, coordinate, and review the work plan for the Center services and activities. 5. Submit all invoices to the Agency for approval and payment in accordance with the payment schedule, which may be amended at any time, provided to Consultant by the Agency; Consultant does not have the authority to spend Agency funds without prior approval by Executive Director or designee. 6. Responsible for financial and operational auditing all productions and Center events and providing written reports to the Executive Director or designee detailing expense and revenue of the Center. 7. Represent the Center to commissions, the community, service groups, and a variety of outside organizations and agencies. 8. Oversee, promote and coordinate specific activities within the Center; prepare program events and Center marketing material including news releases, flyers, schedules of events, pamphlets, and brochures. 9. Arrange /develop no less than four plays or musicals to produce or co- produce a theater season and other productions. 10. Arrange /develop, at limited out of pocket cost to the Agency, a theater camp for Moorpark youth consisting of no less than eight rehearsals and two performances. 11. Market Center for theatrical, movie and business rental possibilities. 12. Identify and recommend to Agency responsible vendor(s) for providing beer and wine sales at the Center. 166 13. Develop, at limited out of pocket cost to the Agency, one film festival /series consisting of no less than three movies. 14. Maintain an inventory of all the Center's equipment and property owned by the Agency. 15. Submit production budgets to the Agency for approval thirty (30) days prior to Agency's execution of any royalty /performance agreement. 16. Supervise independent contractors and volunteers working at the Center. 17. Solicit proposals from independent contractors to provide desired services at the Center; provide a recommendation to the Executive Director or designee for a vendor to provide the desired service; Consultant does not have the authority to enter into a contract on behalf of the Agency. 18. Consultant does not have the authority to hire staff. 19. Participate in the development and administration of the Center's annual budget; participate in the forecast of funds needed for staffing, equipment, materials, and supplies, implement adjustments. 20. Recruit volunteers to assist with Center functions; all volunteers will be processed as volunteers to the City of Moorpark and final approval /selection of all proposed volunteers shall be determined by the Executive Director or designee. 21. Work with various community groups and assist with coordination of the Center's participation in community celebrations and festivals in Moorpark. 22. Work with one or more outside theater companies to explore the feasibility and possibly develop additional theater co- productions, separate from the season required to be developed under this Agreement. 23. Be responsible for opening the Center; providing onsite management during Center use; and securing the Center at all times. 24. Be responsible for advising the Executive Director or designee of needed building and technical and repairs /replacement. 25. Submit proposed language of the Center's marquee to the Executive Director or designee for approval. 26. Shall be responsible for answering all phone calls at the Center /Box Office either personally or through approved staff and the returning of phone messages within one business day. 27. Attend regular meetings with the Executive Director or designee. 28. Responsible for developing and implementing a program to sell advertising space in program brochures. 167 29. Assemble and maintain such records as are customarily maintained by a theater /facility management company. Such records shall at all times be the property of the Agency and shall be open for Agency inspection. 30. Shall maintain regular business hours at the Center as mutually agreed upon. B. Monthly Status Reports CONSULTANT shall provide the AGENCY a written Monthly Status Report detailing all Center activities no later than the third Wednesday of each month. C. Compensation AGENCY shall pay CONSULTANT $5,227.00 per month from the date the AGENCY issues the notice to proceed to June 30, 20100-9, for SERVICES unless this Agreement is sooner terminated as provided for in Section II. of this Agreement. D. Performance Measures AGENCY shall periodically monitor the progress of work performed by the CONSULTANT based off of a Schedule of Performance as described in Attachment I. Said monitoring shall be the responsibility of the Executive Director or designee. E. General Provisions Nature of Services: It is understood that CONSULTANT'S services are being provided to AGENCY using the best knowledge, experience and expertise of the CONSULTANT to efficiently manage the Center. However, CONSULTANT shall not be responsible for the accuracy, performance, or actions of the AGENCY, or other consultants, contractors, utilities, other public agencies or any other person(s). 2. Facilities and Clerical Assistance: AGENCY shall provide a work space and related office equipment (except for a computer) for CONSULTANT as deemed appropriate and clerical assistance for access and management of AGENCY records related to services provided by CONSULTANT. 3. Cell Phone: CONSULTANT at her sole expense shall maintain a cell phone with voice mail and paging capabilities and with a phone number within the 805 area code. 168 Attachment I Performance Measures 1. Explore other children theater programs in an effort to introduce Moorpark's youth to the HSAC and build further community involvement. 2. Explore additional musical competitions and continue outreach to the community and schools. 3. Offer the HSAC to local nonprofit organizations for fund raising events. 4. Have a promotional event taking place at the HSAC during Country Days targeting kids and families. 5. Initiate beer and wine sales in cooperation with the Moorpark Community Foundation for the arts as soon as possible. 6. Assist the Foundation to raise funds to contribute $5,000.00 in the fourth theater season and $7.500.00 in the fifth season. 7. Create a new free promotional event (or series of events) for the HSAC. 8. Seek corporate sponsor or sponsors to continue the High Street Broadcast as a free event. 9. Produce a summer youth workshop in year five for Moorpark children. 1Q.Continue to include large blocks of time to provide opportunities for other theater groups to rent the HSAC to produce plays. 11. Rotate advertisements in area bargain periodicals to expand into the west San Fernando Valley and west Ventura County markets. 12. Continue pursuing HOA ticket promotion opportunities. 13. Increasing partnership opportunities with Moorpark College for mutual promotion of student orientated events and involving youth. 14. Reduce the number of shows from 5 to 4 and use the money to diversify programming. -- 10 -- 169