67 68
Lead - TTLC
EPA Method 3050B/7000A
Certificate of Analysis
Result (mg/kg)
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/25/2024
Number of Samples: 3
Material DescriptionLab/Client ID
Date Analyzed: 9/27/2024
Location
Report Number: 1056951
Project Name:
Date Reported: 9/27/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Collected: 9/22/2024
PO Number:
Collected By: Sean Tillema
1056951-001 Exterior Siding - Newer
Material176-1W
17Bulk - Painted Wood
1056951-002 Interior Partition Walls
Between Buildings176-2W
17000Bulk - Painted Wood
1056951-003 Interior Drywall
176-3W
8000Bulk - Painted Drywall
Esmeralda Jimenez - Approved ByEsmeralda Jimenez - Analyst Reporting Limit: 20ug or 10mg/kg for samples weighed >2g under normal preparatory conditions. Reporti ng limit may change depending on amount of material weighed for analysis and/or final preparatory dilution. Condition of samples as received is f air unless otherwise noted. The results reported pertain only to the items tested. Test data are ac curate to two significant figures. Data have not b een corrected with instrument or process blanks. U nless otherwise noted, the reported test results have passed necessary quality control requirements. This report was issued by a CA Water Board ELAP (Lab No.2900) accredited laboratory and may not be repro duced without the expressed written consent of Patr iot Environmental Laboratory Services, Inc. This report must not be used to claim product certificat ion, approval or endorsement by CA Water Board ELAP or any government agency.
69 70
Pre-Renovation/Demolition Hazardous Building Materials Assessment - Buildings 2080-2084, Marina, California 484-b washington street monterey, ca 93940 #401 / p 831 883 8415 / f 877 984 5495 / [email protected] / stechconsulting.com Appendix E - Asbestos Laboratory Report
A note to contractors bidding work on this project, the contractor is to adhere to the conclusions stated in the executive summary and the summary tables. The consultant reviews the laboratory data and makes recommendations based upon an interpretation of the analytical data. EPA and OSHA clearly state that the consultant should err on the side of caution when a particular material is found to contain asbestos in some, but not necessarily all, of the collected samples within the building. It is not the contractor or field supervisor’s role to interpret the laboratory data and then change the conclusions or scope of work. If a concern or issue arises, the contractor should contact S Tech Consulting to discuss and we will review and issue guidance accordingly.
71 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 10/2/2024
Number of Samples: 5
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1058118 Revision
Project Name:
Date Reported: 10/8/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, CA
Date Analyzed: 10/7/2024 PO Number:
Date Collected: 9/23/2024 Collected By:
1058118-001 Roof
30 60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
None DetectedTotal Asbestos
1058118-002 Roof
33 60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
<1Chrysotile %
< 1%Total Asbestos
1058118-003 Roof
35 60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
None DetectedTotal Asbestos
72 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 10/2/2024
Number of Samples: 5
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1058118 Revision
Project Name:
Date Reported: 10/8/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, CA
Date Analyzed: 10/7/2024 PO Number:
Date Collected: 9/23/2024 Collected By:
1058118-004 Roof
40 60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
<1Chrysotile %
< 1%Total Asbestos
1058118-005 Roof
42 60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
None DetectedTotal Asbestos
73 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 10/2/2024
Number of Samples: 5
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1058118 Revision
Project Name:
Date Reported: 10/8/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, CA
Date Analyzed: 10/7/2024 PO Number:
Date Collected: 9/23/2024 Collected By:
Kwin Sheena Legaspi - Lab Manager - Approved ByAndrea Pedraza - Analyst
70.65% Heat sensitive fraction and 7.89% Acid sensitive fraction.1058118-001
63.39% Heat sensitive fraction and 0.91% Acid sensitive fraction.1058118-002
77.76% Heat sensitive fraction and 1.61% Acid sensitive fraction.1058118-003
70.45% Heat sensitive fraction and 1.60% Acid sensitive fraction.1058118-004
76.49% Heat sensitive fraction and 0.32% Acid sensitive fraction.1058118-005 Samples were gravimetrically reduced by furnace ashing and acid dissolution followed by Calibrated Visual Estimation.
Note
This is a revised report of 1056997 issued on 9/30/2024 at 3:27pm. Samples 33 and 40 results were updated following gravimetric reduction.
Note
Bulk sample(s) submitted was (were) analyzed in accordance with the procedure outlined in the US Fede ral Register 40 CFR Appendix E to Subpart E of Part 763; EPA-600/R-93/116 (Method for Determinatio n of Asbestos in Building Materials), and EPA-600/M 4-82-020 (US EPA Interim Method for the Determination of Asbestos in Bulk Insulation Sample s). Samples were analyzed using Calibrated Visual Estimations (CVES); therefore, results may not be reliable for samples of low asbestos concentration levels. Samples of wall systems containing discrete and separable layers are analyzed separately and reported as composite unless specifically requested by the customer to report analytical results for individual layers. This report applies only to the items tested. Results are representative of the samples submitted and may not represent the entire material from which the samples were collected. “None Detected” means that no asbestos was observed in th e sample. “<1%” (less than one percent) or Trace means that asbestos was observed in the sample but the concentration is below the quantifiable level o f 1%. This report was issued by a NIST/NVLAP (Lab Code 200358-0) and CA Water Board ELAP (Cert. No. 2540) accredited laboratory and may not be reproduced, except in full without the expressed written consent of Patriot Environmental Laboratory Services, Inc. This report may not be used to claim product certification, approval or endo rsement by NIST, NVLAP, CA-ELAP or any government agency.
ASB_Rep_8.23
74 75
76 77
PLM Asbestos Identification
1000 Point Count
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 10/8/2024
Number of Samples: 2
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1059085
Project Name:
Date Reported: 10/8/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildingd 2080-2084
Marina, CA
Date Analyzed: 10/8/2024 PO Number:
Date Collected: 9/23/2024 Collected By:
1059085-001 Roof
33 59.4% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt Up Roofing
0.6Chrysotile %
0.6Total Asbestos %
1059085-002 Roof
40 59.8% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous
Material60
BlackBuilt Up Roofing
0.2Chrysotile %
0.2Total Asbestos %
78 PLM Asbestos Identification
1000 Point Count
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 10/8/2024
Number of Samples: 2
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1059085
Project Name:
Date Reported: 10/8/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildingd 2080-2084
Marina, CA
Date Analyzed: 10/8/2024 PO Number:
Date Collected: 9/23/2024 Collected By:
Kwin Sheena Legaspi - Lab Manager - Approved ByAndrea Pedraza - Analyst Sample(s) was/were analyzed following the EPA Point Count method using 1000 points to meet the Cal OSHA Detection Limit of 0.1%.
Note
Bulk sample(s) submitted was (were) analyzed in accordance with the procedure outlined in the US Fede ral Register 40 CFR Appendix E to Subpart E of Part 763; EPA-600/R-93/116 (Method for Determinatio n of Asbestos in Building Materials), and EPA-600/M 4-82-020 (US EPA Interim Method for the Determination of Asbestos in Bulk Insulation Sample s). Samples were analyzed using Calibrated Visual Estimations (CVES); therefore, results may not be reliable for samples of low asbestos concentration levels. Samples of wall systems containing discrete and separable layers are analyzed separately and reported as composite unless specifically requested by the customer to report analytical results for individual layers. This report applies only to the items tested. Results are representative of the samples submitted and may not represent the entire material from which the samples were collected. “None Detected” means that no asbestos was observed in th e sample. “<1%” (less than one percent) or Trace means that asbestos was observed in the sample but the concentration is below the quantifiable level o f 1%. This report was issued by a NIST/NVLAP (Lab Code 200358-0) and CA Water Board ELAP (Cert. No. 2540) accredited laboratory and may not be reproduced, except in full without the expressed written consent of Patriot Environmental Laboratory Services, Inc. This report may not be used to claim product certification, approval or endo rsement by NIST, NVLAP, CA-ELAP or any government agency.
ASB_Rep_8.23
79 80
81 82
PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-001 2084 Exterior Behind
Siding176-1
85% Cellulose
15% Tar
BrownVapor Barrier
None DetectedTotal Asbestos
1056997-002 2084 Interior
176-2
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall
None DetectedTotal Asbestos
1056997-002A 2084 Interior
176-2
100% Non-
Fibrous Material
WhiteJoint Compound
None DetectedTotal Asbestos
1056997-003 2084 Interior
176-3
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall
None DetectedTotal Asbestos
1056997-003A 2084 Interior
176-3
100% Non-
Fibrous Material
WhiteSkim coat
None DetectedTotal Asbestos
1056997-004 2084 Interior
176-4
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - Unfinished
None DetectedTotal Asbestos
83 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-005 2084 Interior
176-5
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - No JC
Debris
None DetectedTotal Asbestos
1056997-006 2083 Unisex Restroom
176-6
85% Non-
Fibrous Material
GreyCementitious Panel
15Chrysotile %
15%Total Asbestos
1056997-007 2083 Exterior Behind
Siding176-7
85% Cellulose
15% Tar
Brown BlackVapor Barrier
None DetectedTotal Asbestos
1056997-008 2083 Interior
176-8
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - Unfinished
None DetectedTotal Asbestos
1056997-009 2083 Interior South Room
176-9
95% Cellulose
5% Non-fibrous
Material
White BrownSound Board
None DetectedTotal Asbestos
84 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-010 2083 Interior South Room
176-10
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - No JC
None DetectedTotal Asbestos
1056997-011 2082 Exterior Behind
Siding176-11
85% Cellulose
15% Tar
BrownVapor Barrier
None DetectedTotal Asbestos
1056997-012 2082 Interior
176-12
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - Unfinished
None DetectedTotal Asbestos
1056997-013 2082 Interior
176-13
91% Non-
Fibrous Material
7% Cellulose
2% Glass Fibers
WhiteDrywall
None DetectedTotal Asbestos
1056997-013A 2082 Interior
176-13
100% Non-
Fibrous Material
WhiteJoint Compound
None DetectedTotal Asbestos
85 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-014 2082 Interior
176-14
91% Non-
Fibrous Material
7% Cellulose
2% Glass Fibers
WhiteDrywall
None DetectedTotal Asbestos
1056997-014A 2082 Interior
176-14
100% Non-
Fibrous Material
WhiteJoint Compound
None DetectedTotal Asbestos
1056997-015 2081 Exterior Behind
Siding176-15
85% Cellulose
15% Tar
Brown BlackVapor Barrier
None DetectedTotal Asbestos
1056997-016 2081 Unisex Restroom
176-16
85% Non-
Fibrous Material
GreyCementitious Panel
15Chrysotile %
15%Total Asbestos
1056997-017 2081 Interior
176-17
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - Unfinished
None DetectedTotal Asbestos
86 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-018 2081 Interior
176-18
97% Non-
Fibrous Material
GreyVFT - 9"x9"
3Chrysotile %
3%Total Asbestos
1056997-018A 2081 Interior
176-18
100% TarBlackMastic
None DetectedTotal Asbestos
1056997-019 2081 Interior
176-19
100% Non-
Fibrous Material
WhiteWindow Putty
None DetectedTotal Asbestos
1056997-020 2081 Interior Behind Wood
176-20
93% Non-
Fibrous Material
7% Cellulose
WhiteDrywall - Unfinished
None DetectedTotal Asbestos
1056997-021 2080 Extrior Nehind Siding
176-21
85% Cellulose
15% Tar
Brown BlackVapor Barrier
None DetectedTotal Asbestos
1056997-022 2080 Interior Behind
Wood Partition176-22
85% Cellulose
15% Tar
BlackVapor Barrier
None DetectedTotal Asbestos
87 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-023 2080 Interior
176-23
93% Non-
Fibrous Material
7% Cellulose
Off-WhiteDrywall - Unfinished
None DetectedTotal Asbestos
1056997-024 2080 Interior
176-24
93% Non-
Fibrous Material
7% Cellulose
Off-WhiteDrywall
None DetectedTotal Asbestos
1056997-024A 2080 Interior
176-24
100% Non-
Fibrous Material
BeigeJoint Compound
None DetectedTotal Asbestos
1056997-025 2080 Interior
176-25
93% Non-
Fibrous Material
7% Cellulose
Off-WhiteDrywall
None DetectedTotal Asbestos
1056997-025A 2080 Interior
176-25
100% Non-
Fibrous Material
BeigeJoint Compound
None DetectedTotal Asbestos
1056997-026 2080 Interior
176-26
93% Non-
Fibrous Material
7% Cellulose
Off-WhiteDrywall
None DetectedTotal Asbestos
88 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-026A 2080 Interior
176-26
100% Non-
Fibrous Material
BeigeJoint Compound
None DetectedTotal Asbestos
1056997-027 2080 Interior
176-27
45% Non-
Fibrous Material
40% Cellulose
15% Tar
BlackSheet Flooring
None DetectedTotal Asbestos
1056997-027A 2080 Interior
176-27
100% TarBlackMastic
None DetectedTotal Asbestos
1056997-028 2080 Exterior
176-28
100% Non-
Fibrous Material
WhiteWindow Putty
None DetectedTotal Asbestos
1056997-029 2081 Interior
176-29
100% CelluloseBrownSound Board
None DetectedTotal Asbestos
89 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-030 2080 Roof
176-30
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
1056997-031 2080 Roof
176-31
94% Tar
3% Cellulose
Grey BlackPenetration Mastic
3Chrysotile %
3%Total Asbestos
1056997-032 2080 Roof
176-32
94% Tar
3% Cellulose
Grey BlackFlashing Mastic
3Chrysotile %
3%Total Asbestos
1056997-033 2081 Roof
176-33
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
90 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-034 2081 Roof
176-34
98% Non-
Fibrous Material
BeigeFlashing Caulk
2Chrysotile %
2%Total Asbestos
1056997-035 2082 Roof
176-35
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
1056997-036 2082 Roof
176-36
100% Non-
Fibrous Material
GreyConcrete
None DetectedTotal Asbestos
1056997-037 2082 Roof
176-37
94% Tar
3% Cellulose
Grey BlackFlashing Mastic
3Chrysotile %
3%Total Asbestos
1056997-038 2082 Roof
176-38
98% Non-
Fibrous Material
BeigeFlashing Caulk
2Chrysotile %
2%Total Asbestos
91 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-039 2082 Roof
176-39
94% Tar
3% Cellulose
Grey BlackPenetration Mastic
3Chrysotile %
3%Total Asbestos
1056997-040 2083 Roof
176-40
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
1056997-041 2083 Roof
176-41
94% Tar
3% Cellulose
Grey BlackPenetration Mastic
3Chrysotile %
3%Total Asbestos
1056997-042 2084 Roof
176-42
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
92 PLM Asbestos Identification
Certificate of Analysis
S Tech Consulting
484-B Washington Street #401
Monterey, CA 93940
Date Received: 9/26/2024
Number of Samples: 53
Material DescriptionLab/Client ID/Layer Location Color Composition (%) Report Number: 1056997
Project Name:
Date Reported: 9/30/2024
Claim Number:
Project Number: 24176
Project Location: Fort Ord Buildings 2080-2084
Marina, California
Date Analyzed: 9/30/2024 PO Number:
Date Collected: 9/23/2024 Collected By: Sean Tillema
1056997-043 2084 Roof
176-43
94% Tar
3% Cellulose
Grey BlackFlashing Mastic
3Chrysotile %
3%Total Asbestos
1056997-044 2081 Roof
176-44
60% Tar
15% Glass
Fibers
15% Cellulose
10% Non-
Fibrous Material
BlackBuilt - Up Roofing
None DetectedTotal Asbestos
Esmeralda Jimenez - Approved ByAdanary Mendez - Analyst Bulk sample(s) submitted was (were) analyzed in accordance with the procedure outlined in the US Fede ral Register 40 CFR Appendix E to Subpart E of Part 763 and EPA-600/R-93/116. Samples were analyze d using Calibrated Visual Estimations (CVES); there fore, results may not be reliable for samples of low asbestos concentration levels. Samples of wall systems containing discrete and separable layers are analyzed separately and reported as composite unless specifically requested by the customer to report analytical results for individual layers. This report applies only to the items tested as received.
Results are representative of the samples submitted and may not represent the entire material from which the samples were collected. “None Detected” means that no asbestos was observed in the sample. “<1%” (less than one percent) or Trace means that asbestos was observed in the sample but the concentration is below the quantifiable level of 1% . This report was issued by a NIST/NVLAP (Lab Code 201022-0) and CA Water Board ELAP (Cert.
No. 2900) accredited laboratory and may not be repr oduced, except in full without the expressed written consent of Patriot Environmental Laboratory Services, Inc. This report may not be used to claim product certification, approval or endorsement by NIST, NVLAP, CA-ELAP or any government agency.
93 94
95 96
1 Public Improvement and Reimbursement Agreement – Arts District
PUBLIC IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR
CITY OF MARINA ARTS AND INNOVATION DISTRICT REHABILITATION THIS AGREEMENT (“Agreement”) is made effective this __ day of ___________, 2025 (“Effective Date”) , by and between the City of Marina, herein called the “ City,” a municipal corporation, and Shea Homes Limited Partnership , a real property owner, developer or subdivider, herein called the “ Developer.”
RECITALS
A. City is the owner of that certain real property identified for purposes of the “Dunes Specific Plan,” (formerly “University Villages Specific Plan”) adopted by City on May 31, 2005, as the “Arts District ,” as approximately eight and a half (8.5) acres bounded by 1st Avenue, 8th Street, 5th Street, and Quartermaster Avenue in the City of Marina, County of Monterey, State of California (the “Property”). The Property is more particularly described in Exhibit A, which is attached and incorporated herein by reference.
B. City also owns the structure at the Property, which is an army -era warehouse approximately 75,000 square feet (75 ft. x 1,000 ft.) that is structurally sound, but is decaying on the exterior, attracts vandalism, graffiti, and is an eyesore in the community (“Structures”).
C. The Property, as proposed in the University Villages Specific Plan , is an opportunity to create a unique regional draw to the City of Marina that is envisioned as a combination of individual studio spaces, galleries or shops for artists, interactive art/learning center, co-working spaces, light retail, entertainment, or performing arts and music spaces.
D. The City and Developer desire to stabilize and secure the Structures so that they can remain an asset for the City of Marina and the community into the future. While the Structures targeted for adaptive reuse are not on the historic register, they have a certain visual character that is important to maintain. In order to keep their architectural integrity, they will be adaptively re - used and refurbished, without a wholesale change to their former character.
E. To achieve these ends, a proposed the scope of work is attached hereto as Exhibit B, and incorporated herein (the “Scope of Work” or “Work” as applicable ). Such Work is consistent with, and in furtherance of, the goals of the City and the Dunes Specific Plan.
F. The City and Developer desire to jointly finance the rehabilitation of the Structures in the Arts District with Developer undertaking the management, design, and construction of the rehabilitation work with City oversight as more particularly described in the Scope of Work. City and Developer propose to split the costs of this program between them up to the cost of $2,706,000, with each paying 50 percent or approximately $1,353,000.00. Any cost beyond $2,706,000 will be borne solely by the City. An estimated cost breakdown of the Scope of Work is attached hereto as Exhibit C.
G. The City’s agreement to jointly finance the rehabilitation shall not itself constitute an approval of any license, permit, temporary or permanent interest in land, or other permission necessary to carry out the Scope of Work. The Parties’ respective obligations under this Agreement shall be contingent upon issuance of all approvals necessary to conduct the Scope of Work (the “Approvals”). The City will consider any necessary approvals once an application has been submitted and/or such approvals are presented to the City for consideration, if any. 97 2
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H. The Parties additionally desire to enter into this Agreement to memorialize City’s agreement to reimburse Developer for the reasonable, actual, and verifiable expenses to complete Scope of Work.
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, it is agreed between the Developer and the City (collectively, the “Parties”) as follows:
1. Incorporation of Recitals. The terms of the Recitals are hereby incorporated by this reference as if set forth in full herein.
2. Duty to Make Improvements. Developer agrees to design, manage, construct, install, and complete, or cause to be constructed, installed, and completed, the rehabilitation of the Arts District Structures, as more particularly described in the Scope of Work (the “Project”) .
Developer shall select and retain all comp anies necessary to perform the Work and complete the Project, and any associated design and management related to the Work.
3. Right of Entry; Performance of Work. Developer has right to enter the Property for purposes of performing the Work. Developer agrees that the Project will be done in a good and workmanlike manner in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City ’s Municipal Code ( “Code”) and rulings made under it. In the event that any conflict between the Project (including any plans developed to implement it) and the Code should arise after the date of this Agreement but before the City issues a Certificate of Completion (as defined herein) for the Project, the provisi ons of the Code shall control. Further, the work will be conducted in accordance with all City standards, specifications and applicable laws, rules and regulations, and to the satisfaction of the City. It is agreed that the City shall have the right to r eject any or all of the work performed under this Agreement if such work does not conform to any City standards and specifications, applicable law, rule, or regulation.
4. Reimbursement. Developer shall be reimbursed for completion of the Project as follows:
(a) The breakdown of estimated costs for the Work is detailed in attached Exhibit C, Estimated Cost Breakdown.
(b) The Parties acknowledge that the Estimated Cost Breakdown is only an estimate, and agree that it is the Parties ’ intent that City shall reimburse Developer for fifty percent (50%) of the actual, verifiable costs incurred in performing the Work up to the maximum set forth herein based on the procedure described in section (c), below.
(c) Method of Payment. City shall reimburse Developer as follows:
i. On a periodic basis, Developer shall submit to City an itemized invoice for the costs incurred by Developer for performance of the Work in the period immediately preceding such submittal (the “Documentation”). The Documentation shall include any applicable consultant, subcontractor, architect, engineer, contractor and other third-party invoices and backup documentation related to such Work. Such Documentation shall be submitted to the City Manager, at the address set forth in Paragraph 16 of this Agreement, with a courtesy copy by e -mail to the Finance Director.
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ii. City shall review Documentation to determine if it is consistent with the Scope of the Work necessary to implement the Project. Upon City's satisfactory review, City shall reimburse Developer for the invoiced amount set forth in the Documentation within thirty (30) days following receipt of the Documentation. The fact that a cost for a component of Work exceeds the estimate for that Work in the Estimated Cost Breakdown shall not be a basis for City to object and/or reject the cost so long as the associated Work, in the City’s view, is necessary to implement the Project.
iii. If, based on City's review of Documentation, City determines in good faith that the Documentation is outside the Scope of the Work necessary to implement the Project, then City shall notify Developer in writing of the same (a “Dispute”) within fourteen (14) days following receipt of the Documentation, setting forth in detail the reasons for its determination.
iv. In the event of a Dispute, the Parties shall meet and confer in an attempt to resolve the Dispute (in person or via teleconference) within five (5) days after City notifies Developer of the same. Upon resolution of any Dispute, City shall reimburse Developer at the mutually agreed upon amount within ten (10) days of such resolution.
v. Any Dispute not resolved pursuant to the above shall, at the written request of either Party be submitted for mediation (a “Mediation Request ”), which Mediation Request shall be given to the other Party in the manner for notices set forth in Paragraph 15 be submitted to binding meditation. Within fifteen (15) days thereafter, the Parties will select a mutually acceptable mediator. The mediation shall be completed within thirty (30) days after the mediator is selected, unless otherwise agreed to in writing by both Parties. To the extent that the Parties cannot resolve the Dispute submitted to mediation, the mediator shall issue a binding decision.
5. Compliance with Laws/Prevailing Wage.
(a) Each party ’s performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor must be in good standing and registered with the California Department of Industrial Relations in accordance with California labor Code section 1725.5 and shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.
(b) The Project is a “public work” such that prevailing wages are required . Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.
6. Notice and Certification of Completion. Developer shall advise the City in writing of the completion of the Project and request certification of completion. Upon receipt of Developer’s request for certification of completion, City shall promptly inspect the Property and any structures subject to this Agreement . If the City determines, upon such inspection, that the Project has been satisfactorily completed, the City shall issue a certificate indicating the same (the 99 4
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“Certificate of Completion”). For the purposes of this Agreement, the date of completion shall be the date that the City issues a Certificate of Completion. The decision of the City shall be final as to whether any material or workmanship meets the applicable plans, specifications, and standards as set forth herein.
7. Nonperformance, Breach, Notice and Costs. If, within the time specified in this Agreement and any approved extension, Developer fails to complete the Project, to act promptly as required by this Agreement, fails to complete the work within such time, or if the Developer is adjudged as bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed in the event of Developer’s insolvency, or if Developer or Developer’s contractors, subcontractors, agents, or employees violate this Agreement, or Developer otherwise breaches this Agreement, the City shall provide written notice to Developer of such failure or violation and provide a timeframe within which Developer must act or complete the work (“Notice”). If within thirty (30) calendar days after the serving of such Notice upon Developer, Developer does not give the City written notice of its intention to cor rect the deficiencies or complete the work within the time specified in the Notice , then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Developer’s share of the cost of the work together with a fifteen percent (15%) administrative charge. In this event, the City, without liability for doing so, may take possession of an d utilize in completing the work such materials, appliances, plants , and other property belonging to Developer as may be on the work site and necessary for completion of the work.
8. Remedies. The City may bring legal action to: (1) compel performance of th is Agreement; (2) ensure compliance with any Approvals; and (3) recover the costs (including the City's administrative costs) of completing the Project pursuant to Paragraph 7. Notwithstanding the above, the City may also seek any and all remedies available in law or equity. The Developer agrees that, if legal action is brought by the City, the Developer shall pay all of the costs of suit and reasonable attorneys ’ fees and all other expenses of litigation as determined by the court having jurisdiction over such suit, if such court rules that the Developer has failed to carry out any of its obligations under this Agreement.
9. Responsibilities for Damage. Any damage to the Structures, utilities, concrete work, or paving, or to any portion of adjacent properties that is caused by Developer or its employees, agents, or contractors, and that occurs during or from the Project construction shall be completely repaired by the Developer to the satisfaction of the City.
10. Utility Deposits. Developer shall satisfy the City that it has made the deposits required for utilities to be supplied and connected with the applicable portion of the project prior to obtaining a Certificate of Completion.
11. Inspections - Payment of Fees. The City is authorized to enter the Property for inspection purposes at any time. Developer shall at all times maintain the Property so that the City and any agency authorized to make inspections can safely access and inspect all parts of the Property. Developer shall pay to the City the cost of inspecting the Property and structures thereon, including the costs of staff time and any consulting services determined to be necessary by the City, consistent with the City’s fee schedules.
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12. Estimate of Costs; Security. Developer shall furnish a Payment Bond, which shall be in an amount not less than one hundred percent (100%) of the total estimated cost of the Project described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subco ntractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Developer, or its contractor or subcontractors fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any person that has a lien right pursuant to California Civil Code Sections 8520, 8530 and 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the Project described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Developer, its contractors and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any person that has a lien right pursuant to Civil Code Sections 8520, 8530 and 9100 so as to give a right of action to those person s or their assigns in any suit brought upon the bond.
The Developer shall submit the following for the surety that furnishes the Payment Bond: (1) a current printout from California Department of Insurances website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Monterey that the surety’s certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, than renewed authority has been granted.
13. No Waiver by City. Inspection of the work and/or materials, or approval of work and/or materials inspected, or a statement by an officer, agent, or employee of the City indicating the work complies with this Agreement, or acceptance of all of these acts shall not relieve Developer of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages or specific enforcement arising from the Developer’s failure to comply with this Agreement. No action or om ission by the City shall constitute a waiver of any provision of this Agreement unless expressly provided in writing. No course of dealing between Developer and the City, or any delay on the part of the City in exercising any rights hereunder, shall operate as a waiver of any rights by the City, except to the extent these rights are expressly waived in writing by the City.
14. Hold Harmless; Indemnification Agreement. Developer shall hold harmless, defend, and indemnify the City, its officers, employees, and agents from and against any and all damage, injury, and/or death to persons and property, and any and all claims, demands, costs, losses, damages, injuries , or liability, including attorneys ’ fees, howsoever caused, resulting directly or indirectly from the performance or nonperformance of any and all work done or to be done pursuant to this Agreement. Developer shall not be required to indemnify and hold harmless the City as set forth in this Paragraph for liability attributable to the sole fault of the City, provided such sole fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction.
15. Insurance. As a condition precedent to the effectiveness of this Agreement and without limiting Developer’s indemnification of the City pursuant to Parag raph 14, Developer agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit D - “Insurance”. Developer shall furnish the City with original certificates of insurance, executed by a person authorized by that insurer to bind coverage on its behalf, along 101
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with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and cont ent. Specifically, such insurance shall: (1) be endorsed to protect City as an additional insured for commercial general and business auto liability; (2) provide City prior notice of cancellation; and (3) be primary with respect to City's insurance progra m. Developer's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
16. Notices. All notices required shall be in writing and delivered by Registered mail, postage prepaid, or any nationally recognized overnight courier that routinely issues receipts (e.g., FedEx). A party may change its address by notice in writing to the other part y and thereafter notices shall be addressed and transmitted to the new address. All notices shall be deemed received three (3) business days after dispatch by United States Postal Service regular mail, or one (1) business day after dispatch by a reputable overnight courier service.
Notices to be given to the City shall be addressed as follows:
City Manager
City of Marina
Attn: Layne Long
211 Hillcrest Avenue
Marina, CA 93933
[email protected]
With a cc to:
Shute, Mihaly & Weinberger
Attn: City Attorney, City of Marina
396 Hayes Street
San Francisco, CA 94102
[email protected]
Notices to the Developer shall be addressed as follows:
[INSERT ADDRESS]
17. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties.
18. Miscellaneous Terms and Provisions.
(a) If any provision of this Agreement is adjudged illegal, inoperative, or invalid, the remaining provisions of this Agreement, to the extent practicable, shall continue in full force and affect.
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(b) This Agreement contains a full, final and exclusive statement of the Agreement of the Parties regarding the subject matter hereof.
(c) The obligations upon the Developer signing this Agreement terminate upon issuance of a Notice of Completion as referenced herein.
(d) This Agreement shall be administered, interpreted and enforced under the laws of the State of California and the City of Marina. In case of dispute, venue shall reside in Monterey County, California.
(e) Developer warrants and represents that the person signing on behalf of Developer has the authority to execute this Agreement on behalf of Developer, and has the authority to bind the Developer to the terms and obligations set forth in this Agreement.
Developer agrees that this Agreement, and any instrument or agreement required hereunder, are within the Developer’s powers, and have been duly authorized and delivered, and do not conflict with Developer’s organizational powers. (f) Developer agrees that this Agreement is a valid, legal , and binding Agreement, enforceable against Developer in accordance with its terms, and that any instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding, and enforceable. Developer agrees that this Agreement does not conflict with any law, agreement, or obligations by which Developer is bound.
IN WITNESS WHEREOF, the Parties have executed the Agreement on the day and year above written.
City of Marina,
a municipal corporation,
By:_____________________
Layne Long
City Manager
Attest: (Pursuant to Resolution No. 2025-__)
______________________
City Clerk
Approved as to Form :
______________________
City Attorney
Developer,
By: _____________________
Name:
Title:
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Exhibit “A”
Property Description/Map of Work Area
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Exhibit “B”
Scope of Work
TBD
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Exhibit “C”
Estimated Cost Breakdown
TBD
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Exhibit “D”
Insurance
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
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For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the City. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 1845209.2
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