HomeMy WebLinkAboutAGENDA REPORT 2019 0717 REG CCSA ITEM 10QCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of July 17, 2019
ACTION A pproved Staff
Recommendation,
Including Adoption of
Resolution No. 2019-3836.
BY B.Garza
Q. Consider Award of Bid to Asbestos Instant Response, Inc., for Demolition of 136
First Street and Resolution Amending the Fiscal Year 2019/20 Budget. Staff
Recommendation: Approve the removal of the structures at 136 First Street; and
2) Award bid to Asbestos Instant Response, Inc. for $48,444.00 plus a $7,300.00
contingency for a total of $55,744.00 and authorize execution of the Agreement
by the City Manager, subject to final language approval of the City Manager; and
3) Adopt Resolution No. 2019-___. (ROLL CALL VOTE) (Staff: Jessica
Sandifer)
Item: 10.Q.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 07/17/2019 Regular Meeting
SUBJECT: Consider Award of Bid to Asbestos Instant Response, Inc. for
Demolition of 136 First Street and Resolution Amending the Fiscal
Year 2019/20 Budget
DISCUSSION
The City purchased 136 First Street to be used for affordable housing. The City already
owns two adjacent properties and the addition of the third property created a logical site
to accommodate future development. The structure on 136 First St. is vacant and has
been red tagged by the City’s Building and Safety department due to structural issues.
In its current condition it is an attractive nuisance to vagrants and vandals. Staff feels it
is appropriate to demolish the house to remove the potential nuisance. Per our usual
procedure, the structure was tested for asbestos and was found to contain minimal
amounts of non-friable asbestos in flooring, roof mastic, and drywall materials. The
asbestos will be removed per required procedures as a part of the demolition project.
An informal request for bids for the demolition was sent out on June 21, 2019. One bid
was received by the due date of July 3, 2019. The results are:
Asbestos Instant Response, Inc. $48,444
The proposal was evaluated on its completeness and cost. Asbestos Instant Response,
Inc. possesses the necessary qualifications, resources, and experience to perform the
work.
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and removal of one residence and accessory
structure, 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
Item: 10.Q.
562
Honorable City Council
07/17/2019 Regular Meeting
Page 2
reasonably foreseeable projects, it is the Community Development Director’s
determination that the project is categorically exempt from environmental review under
the California Environmental Quality Act (CEQA) pursuant to Section 15301(l)(1) & (4)
of the CEQA Guidelines. If this project is approved, staff will file a Notice of Exemption
with the County Clerk.
FISCAL IMPACT
There were no funds budgeted for the demolition this fiscal year. A budget amendment
is being requested from the City Affordable Housing Fund (2121) in the amount of
$48,444.00 plus a contingency of $7,300.00 for a total of $55,744.00 to fund the
demolition work.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Approve the removal of the structures at 136 First Street; and
2) Award bid to Asbestos Instant Response, Inc. for $48,444.00 plus a $7,300.00
contingency for a total of $55,744.00 and authorize execution of the Agreement
by the City Manager, subject to final language approval of the City Manager; and.
3) Adopt Resolution No. 2019-______.
Attachments:
1 – Agreement
2 – Resolution No. 2019-___
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ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ASBESTOS INSTANT RESPONSE, INC., FOR DEMOLITION OF 136 FIRST STREET
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2019, between the City of Moorpark, a municipal
corporation (“City”) and Asbestos Instant Response, Inc., a corporation (“Contractor”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for demolition services; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated July 3, 2019,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide demolition services, as set forth in Exhibit C and Exhibit
D. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C and
Exhibit D. Contractor shall complete the tasks according to the schedule of
performance, which is also set forth in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of forty-eight thousand four hundred forty-four dollars ($48,444.00) as stated in
Exhibit C plus a contingency of seven thousand three hundred dollars ($7,300.00) for a
total contract value of fifty-five thousand seven hundred forty-four dollars ($55,744.00),
without a written amendment to the agreement executed by both parties. Payment by
City to Contractor shall be in accordance with the provisions of this Agreement.
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City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Yuri Ubeda, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed forty-eight thousand four
hundred forty-four dollars ($48,444.00) plus a contingency of seven thousand three
hundred dollars ($7,300.00) for a total contract value of fifty-five thousand seven
hundred forty-four dollars ($55,744.00)for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
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Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or 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.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have seven (7) calendar days after service upon it of
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said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred dollars ($100.00) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
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causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth 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 City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City 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.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in 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, City 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, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
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12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
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confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor 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 partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
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 whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
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To: Chief Executive Officer
Asbestos Instant Response, Inc.
3517 Washington Boulevard
Los Angeles, CA 90018
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City 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.
23. COST RECOVERY
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 from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
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24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
29. INTERPRETATION OF AGREEMENT
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 the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver 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.
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31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK ASBESTOS INSTANT RESPONSE, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager Yuri Ubeda, Chief Executive Officer
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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 requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage 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 the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact 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 are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$1,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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 for
each such person.
Workers’ 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 or
disease.
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. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
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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. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, 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) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City 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 the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
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 the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance 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 Work will be submitted to the City for review.
11. 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 contemplated by
this Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
576
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, 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. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specification applicable to the renewing or new coverage must be provided to the
City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
577
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-
inclusive.
19. 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. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
578
EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
579
(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the
claim applies shall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion
of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and a contractor may, by mutual agreement, extend the time period provided in
this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day
period, or extension, expires to provide the claimant a written statement identifying the
disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity
fails to respond to a claim issued pursuant to this section within the time prescribed, the
claimant may demand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the public entity shall schedule
a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the public entity
shall provide the claimant a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the claim shall be processed and made within 60 days after the
public entity issues its written statement. Any disputed portion of the claim, as identified
by the contractor in writing, shall be submitted to nonbinding mediation, with the public
entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a qualified
neutral third party to mediate with regard to the disputed portion of the claim. Each party
shall bear the fees and costs charged by its respective mediator in connection with the
selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim
remaining in dispute shall be subject to applicable procedures outside this section.
580
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent
third party or board assists the parties in dispute resolution through negotiation or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of this
section shall result in the claim being deemed rejected in its entirety. A claim that is
denied by reason of the public entity’s failure to have responded to a claim, or its failure
to otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at
7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against a public entity because privity of contract does not exist, the contractor may
present to the public entity a claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on his or her own behalf or
on behalf of a lower tier subcontractor, that the contractor present a claim for work
which was performed by the subcontractor or by a lower tier subcontractor on behalf of
the subcontractor. The subcontractor requesting that the claim be presented to the
public entity shall furnish reasonable documentation to support the claim. Within 45
days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the
original contractor did not present the claim, provide the subcontractor with a statement
of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or
specifications for any public works project that may give rise to a claim under this
section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a claim, the parties may mutually agree to
waive, in writing, mediation and proceed directly to the commencement of a civil action
or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or
grants available through a competitive application process, for the failure of an awardee
to meet its contractual obligations.
581
(i) This section shall remain in effect only until January 1, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes
or extends that date.
(Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed
as of January 1, 2020, by its own provisions.)
582
INFORMAL BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Demolition of 136 First street
Moorpark, California
Bids to Be Received — July 3, 2019 at 3:00 p.m.
Asbestos Instant Response, Inc.
CONTRACTOR
Name Asbestos Instant Response, Inc.
Street Address 3517 W. Washington Blvd.
City Los Angeles State CA Zip Code
•11
Telephone Number 323_733.0508
E-mail Address:la rr a(i cr�airinc.ws / yuri airinc.ws
Contractor's License No 795278 Class R , Expiration Date 0513119091
DIR No. inn-nnn-FRRA
The undersigned swears u der penalty of perjury that the information regarding the Contractor's
License is true and cod ec7
Signature of Bidder
Chief Executive Officer
Title
PROPOSED SCHEDULE OF WORK AND PRICES
Item
Description
Qty
Unit
Total
1
Asbestos Abatement
1
LS
$ 7,000.00
2/3/4
Demolition
1
LS
$25,43000
5
Chain Link Fence
330
LF
$ Jbi; O 0
6
Crawl Space Fill
22
CY
$ 2,672.00
Total Amount of Bid $ $ y$`yjy o00
Number of calendar days for completion: 14 days from Notice to Proceed
583
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: July 3. 2019 at 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the
City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled:
Demolition of 136 First Street, Moorpark, CA 93021
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations,
those in the Informal Bid Proposal, Project Plans and Specifications.
This Bid will remain open for a 90-day period. By signing this bid proposal, the Bidder agrees to enter
into a Contract within the time and in the manner as required in the Bid documents. Bidder
understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates,
endorsements, and Bonds as required by the Contract Documents. Contractor understands that
failure to provide the insurance certificates, endorsements and bonds will cause Bidder to
forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest
bidder.
Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid
Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: 01 Date: 06/26/2019
Bid Addenda Number: Date:
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 th- Contractor.
Bidder: Asbestos Instant Reso+nse, Inc.
By:
(Sig nature—Authoriz-. -sentative)
Title:Chief Exec Five Officer Dated: 07/02/2019
584
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the Chief Executive Officer of Asbestos Instant Response, Inc. , the party
making the foregoing bid. The bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to
refrain from bidding. 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. All statements contained in the bid are true. The bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to effectuate a
collusive or sham bid, and has not paid, and will not pay, any person or entity for such
purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on
07/02/2019 (date], at Los Angeles [city], CA [state].
Name of Bidder Name of Bidder
Gabriel Cristofaro, /
Signature of Bidder Signature of Bidder
3517 W. Washington BIv%., Los Angeles, CA 90018
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY It")(attach appropriate,c outeci�form) stat lifom aunty of 1 ss.
`o P MA D.Phv i, On(.) I L� before me '� �` -�
V17295.,y/�q Notary Public,personally appeared ✓L► =`�
• fid'
& '1ó4' .. who proved to me on thebasis of satisfactory evidence to be the
^•' person, whose name\V ss/a subscribed to the within instru ent d
acknowle ed to me th he's fthey exec ted the same i tis er/thhir
9
authorized capacity(TS),and that by his/kr/Mir signatur )on the
% instrument the person ),or the entity upon behalf of which the persor\(s)acted,execu d the st ment.I certify under PENALTY OF PERJURY
e(); FOS& q; ;� under the I s f th S to of California that the foregoing paragraph is
�00,0 i 0*,(P_ ` true and c e . TNESS my hand and officialseal.
1010-&1 585
BIDDER S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the
total lump sum bid amount1. (NOTE: If bidding contractor does not have the appropriate specialty designations as
required by these bid documents, than a subcontractor with the appropriate specialty designation must be listed here. Failure
to do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Total Fence Solutions, Inc. 900378
Classification: C-13, Fencing
Subcontractor Address: Subcontractor Phone:
7040 Avenida Encinas 104-248, Carlsbad, CA 92011 661-600-8111
Type of Work: Percent Work to
Installation of Permanent Fencing and Gate be done:
Z4%
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach mo eets if necessary)
Total Percentage 2 L)41
/ 07/02/2019
triarets) of Bidder Date
'Basedcontract price
2 May not exceed 50%of contract price. See Greenbook Section 2-3.2
586
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
(A or 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: 19 YEARS
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: City of Buena Park
Contact Individual: Teddy Luona Phone No. 714-562-3689
Address: 6650 Beach Blvd. Buena Park. CA 90622
Contract Amount: $25.100.00 Year: 2019
Description of work done: Demolition of 7505 8th Street Property
Reference No. 2
Customer Name: City of Los Angeles- Department of General Services,
Contact Individual: Jesus Osuna Phone No.
Address: 555 Ramirez St. SD 150-C. Los Angeles. CA 90012
Contract Amount: $67.104.50 Year: 2019
Description of work done: Vera Davis Youth Center, Renovation
Asbestos Abatement of existing center.
Reference No. 3
Customer Name: Housing Authority of the City of Los Angeles
Contact Individual: Patrick Choy Phone No. 213-252-4253
Address: 2600 Wilshire Blvd., Los Angeles, CA 90057
Contract Amount: 41,607.00 Year: 2019
Description of work done:
Asbestos Abatement in 10 Units
Various Proiect Owned Sites
587
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF Los Angeles
I am the Chief Executive Officer
Of Asbestos Instant Response, Inc.
, 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 07/02/2019 at Los Angeles , California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signat /Bidder
r
Chief Executive Officer
Title
Signature of Bidder
Title
588
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 City 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, City may give notice of default to Contractor, and at the City's
option, elect any and all rights or remedies set forth in this agree]•nt.
Approved by Contractor: Chief Executive Officer /
Title
Date
07/02/2018 /
589
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/ will comply with such provisions before
commencing the performance of the work of th'. ..*tract."
B YGabriel Cristofaro
Title: Chief Executive Officer Date: 07/02/2019
590
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code§§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner
("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial
Relations for the work or craft in which the worker is employed for any public work done under the contract by
Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records
available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records.
Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Contractor is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day's work for all workmen
employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part
7, Chapter 1,Article 3 of the Labor Code of the State of California as amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3
of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure
the payment of compensation to its employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions • Section 3700 of the Labor Code which require every employer to be insured
against liability for worker' ep pensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply if> ch provisions before commencing the performance of the work of this contract."
Signature / Date 071014g019
Printed Name C::f-I Cristofaro
Company Asb: tos Instant Response. Inc.
Title Chief Executive Officer
591
CITY OF MOORPARK
0.„0„, 7 PARKS,RECREATION&COMMUNITY SERVICES DEPT. 799 Moorpark Avenue,Moorpark,CA 93021
°9"'F° 3"�"4 Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov
June 26, 2019
ADDENDUM NO. 1
for
136 First Street Demolition
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
Clarification regarding chainlink fencing:
• Chainlink to be permanent installation, 9 gauge, 6 ft fence with top rail. The north, east, and
south property lines need to be fenced completely. The west property line has an existing
chainlink fence along half of it. The new chainlink fence is to connect with the existing chainlink
fence on the west property line. 20 foot construction gate to be included on the First Street side
of the property. See attached diagram and approximate linear feet. Contractor responsible to
verify exact linear footage.
Clarification regarding crawl space at rear of house:
• Per Code Enforcement staff the crawl space is an unpermitted, hand dug crawl space, and
partially contributed to the collapse of the home. The area is approximately 6' deep x 8' wide x
12' long. Contractor responsible to fill in the crawl space after demolition of the structure. This
will require import, placement, and compaction of uncertified fill material until it is firm and
unyielding. Fill estimated at 21 cubic yds. Fill material shall be clean dirt, free of contaminants
such as asbestos, lead, or other hazardous materials. Contractor to provide documentation that
fill material is free of pollutants. See also attached revised bid proposal to include concrete fill.
All prices noted on the bid proposal form for import work shall include all labor, material,
and equipment costs associated with this added work.
Clarification regarding removal of concrete at rear of home:
• Concrete pad located at rear of home shall be removed.
'END OF CHANGES'
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be allowed therefore.
Jeremy Laurentowski, Parks and Recreation Director
Questions regarding this addendum may be directed to the City's Project Representative Jessica Sandifer,
isandifer&..moorparkca.gov.
[next page]
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember592
136 First Street Demolition—Addendum#1
June 26, 2019
Page 2
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT
isandifer(&moorparkca.gov AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: Asbestos Instant Response,1c,
Authorized Representative: Yuri Ubeda f ' ' �
Signature of Authorized Representative: 4/ mitixi -
Attachment::
1 —Fencing Diagram
2- Revised Bid Proposal Sheet
2 593
136 FIRST STREET - FENCING DIAGRAM
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map mayr re emits visual isp6ay of re etec!9e i hocinformabort Dataprtry hereon is.not guarantee.cif a usual fia6d elutions.To sure.of complete accuracy,plea a contact the
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JANICE S. PARVIN
Mayor
CHRIS ENEGREN
Councilmember
ROSEANN MIKOS, Ph.D.
Councilmember
DAVID POLLOCK
Councilmember
KEN SIMONS
Councilmember
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
CITY OF MOORPARK
June 20, 2019
RE: Demolition of 136 First Street, Moorpark, CA 93021
Site Walk: June 26, 2019 - 136 First Street, Moorpark, CA 93021
Proposals due by July 3, 2019 at 3:00 p.m.
INFORMAL BID PROPOSAL
Contractor to:
Item 1. The City has obtained the services of a licensed laboratory to verify a
presence or absence of asbestos containing materials (ACM) on the Property. Based on the
licensed laboratories report, the property tested positive for several non-friable ACM materials
including vinyl floor tile, drywall joint compound and roofing mastic. The report also identified
window putty containing a trace amount of asbestos. 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 by a licensed asbestos
abatement contractor using appropriate controls to prevent fiber emissions during the removal
process. All asbestos abatement work must 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 compliance with the EPA’s recommended clearance level. 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. The pre-demolition survey report is attached to this bid
document for reference. (Attachment 5)
Item 2. Demolish and remove the structures, concrete, trash, debris, landscaping,
including small trees, shrubs, organic material, large boulders, bricks, blocks, and
miscellaneous abandoned items, inside of the property lines at 136 First Street. Raised
foundation walls to be removed or cut so as to be at or below grade. All demolition activities to
be in accordance with City’s construction and demolition ordinance. (see #5 below) Large
mature trees on the property are to remain.
Item 3. 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
595
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. City Staff can provide a
listing of affected utilities upon request.
Item 4. It is Contractor’s responsibility to comply with all applicable storm water
and urban runoff permits, regulations, codes or laws. Upon approval of the contract and prior
to the start of the job, Contractor will be responsible for filling out and complying with the
SWPCP in the form attached as Attachment 6. If there are questions, Contractor may contact
the NPDES Coordinator in the Public Works Department at 805-517-6257.
Item 5 – Contractor is responsible for building a new chainlink fence around the
perimeter of the property, approximately 400 LF. Fence to be permanent, 6 foot high, with a
top rail, and shall include a 20’ construction gate on the first street side of the property.
Construction gate can be two 10’ fence panels.
Contractor responsibilities:
**CONTRACTOR MUST BE REGISTERED WITH THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS (DIR) PURSUANT TO SB 854. PROOF OF REGISTRATION
MUST BE PROVIDED OR THE CONTRACTORS BID WILL NOT BE ACCEPTED
**THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS
SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY
WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE
SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC
SECTION 1776 WILL FORFEIT A $100/DAY/WORKER FINE FOR ALL WORKER’S PAID
LESS THAN THE PREVAILING WAGE RATE.**
1. Each bid must be submitted on the Bid Forms provided. 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.
2. The bid must be accompanied by certified check, cashier’s check, or bidder’s
bond, made payable to the City of Moorpark for an amount no less than ten percent (10%) of
the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly obtain
the required bonds and insurance and will prepare the required submittal documents and
execute the contract. The Bid Bonds for those bids that were not selected will be returned to
the Bidders upon award of the contract by the City Council.
The bidder to whom award is made shall execute a written contract with the City within
fourteen (14) calendar days after notice of the award has been sent by mail to the address
given in the proposal. The contract shall be made in the form adopted by the City 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, City,
596
Informal Bid – 136 First Street Demolition
June 2019
Page 3
and Special District laws, ordinances, and regulations.
3. Contractor is responsible for procuring all permits for this work including those
needed from the City of Moorpark Planning Department and Building and Safety Office.
4. Required Licenses: Bidders must hold a valid State of California Contractor's
License as follows: A, B, or C-21.
5. The City of Moorpark has adopted a Construction and Demolition (C&D)
ordinance requiring all City projects, regardless of cost requiring contractors to prepare a
Construction and Demolition Materials Management Plan (available at
www.moorparkca.gov/CDplan) and to divert a minimum of 65% of material generated during
the project from disposal in a landfill (through reuse or recycling). You will be required to
submit a Diversion Security Deposit of up to 3% of the project valuation to the City to ensure
compliance with the ordinance. The deposit will be returned upon verification that you met the
65% diversion requirement. Also, a one-time fee for staff time associated with processing your
C&D plan will be charged. You have two options to meet this requirement. You may use the
City’s franchised hauler (Waste Management), who can provide temporary bins and will
dispose of your waste at a city authorized facility. Or you may self-haul your waste to a city
authorized certified C&D processing facility. If you self-haul your waste you must use proper
hauling vehicles and bins owned by your company and those vehicles must be driven by your
employees. Please remember that because this project is a prevailing wage project, the driver
of the self-haul vehicle will need to be paid a prevailing wage rate for driving the C&D materials
to the authorized facility. You will need to submit itemized weigh tickets from each facility
documenting your C&D recycling and disposal that indicates the weight and type of material
recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division
and verified prior to final payment release for the job and refund of your C&D diversion security
deposit. If diversion requirements are not met, the City will retain the deposit. Please contact
the Solid Waste Division at 805-517-6241 with questions about the C&D ordinance or about
how to obtain the forms and documentation requirements.
6. Verify that areas to remain unaltered adjacent to areas of work 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 work is started.
7. Contractor will be required to provide Payment and Performance bond in the
amount of 100% of the bid price in the form incorporated herein as Attachment 4.
8. Perform work exercising proper care to prevent injury to the public, workmen and
areas not included in this work scope. Repair or replace existing work scheduled to remain,
which is damaged by these operations.
597
Informal Bid – 136 First Street Demolition
June 2019
Page 4
9. 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.
10. Site and surrounding areas to be left clean and free of any debris or other
unsuitable materials.
11. Submit schedule for approval by the City’s Representative indicating proposed
methods and sequence of operations for work.
12. 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.
13. 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 work site and storage site until final acceptance by the City.
14. Contractor shall take all necessary precautions for the safety of workers on the
project and shall comply with all applicable federal, state, local and other safety laws,
standards, orders, rules, 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.
15. 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 City, a written request for an interpretation or a
correction thereof. Interpretations or corrections shall be made only by addendum duly issued
by the City. 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 writing no
later than 96 hours prior to the bid deadline in order to provide the City sufficient time to
evaluate the question and respond no later than 72 hours prior to the bid deadline.
Questions received after the 96 hour deadline will be deemed not received.
By submitting this proposal, Contractor agrees to sign the City’s standard Agreement and to
provide the insurance required by the contract. A copy of the Standard Agreement and
Insurance Requirements is attached to this proposal. Contractors are encouraged to speak
with their insurance companies regarding the required insurance to be sure that they can meet
them.
598
Informal Bid – 136 First Street Demolition
June 2019
Page 5
Questions regarding this Request for Proposals can be directed to the City’s representative:
Jessica Sandifer, Community Services Manager
City of Moorpark, 799 Moorpark Avenue, Moorpark, CA
805-517-6225 or jsandifer@moorparkca.gov
Attachments:
1 – Proposal/Bid Forms (All to be filled out and submitted with Bid)
2 – Form of Bid Bond
3 – City Standard Agreement and Insurance Requirements
4 – Form of Payment and Performance Bond
5 – Asbestos Report
6 – SWPCP
599
ATTACHMENT 1
INFORMAL BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Demolition of 136 First street
Moorpark, California
Bids to Be Received – July 3, 2019 at 3:00 p.m.
__________________________________________________________________________
CONTRACTOR
Name _____________________________________________________________________
Street Address _____________________________________________________________
City ________________________ State _________ Zip Code _____________________
Telephone Number_____________________________________________________________
Contractor’s License No Class ________ , Expiration Date ______________
DIR No.______________________________________________________________________
The undersigned swears under penalty of perjury that the information regarding the Contractor’s
License is true and correct.
Signature of Bidder __________________________________________________________
Title
PROPOSED SCHEDULE OF WORK AND PRICES
Total Amount of Bid $_______________
Number of calendar days for completion: 14 days from Notice to Proceed
Item Description Qty
Unit Total
1 Asbestos Abatement 1 LS
2/3/4 Demolition 1 LS
5 Chain Link Fence 400 LF
600
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: July 3, 2019 at 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the
City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled:
Demolition of 136 First Street, Moorpark, CA 93021
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations,
those in the Informal Bid Proposal, Project Plans and Specifications.
This Bid will remain open for a 90-day period. By signing this bid proposal, the Bidder agrees to enter
into a Contract within the time and in the manner as required in the Bid documents. Bidder
understands that by submitting this bid, bidder is agreeing to furnish the insurance certificates,
endorsements, and Bonds as required by the Contract Documents. Contractor understands that
failure to provide the insurance certificates, endorsements and bonds will cause Bidder to
forfeit the bid bond and City will terminate the bid award and award the bid to the next lowest
bidder.
Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid
Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number:________ Date:_______________
Bid Addenda Number:________ Date:_______________
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: ____________________________________________________________________
By: _______________________________________________________________________ (Signature — Authorized Representative)
Title:________________________Dated:____________________________
601
NON-COLLUSION DECLARATION
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________________ of ______________________________, the party
making the foregoing bid. The bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to
refrain from bidding. 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. All statements contained in the bid are true. The bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to effectuate a
collusive or sham bid, and has not paid, and will not pay, any person or entity for such
purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on
__________________________[date], at ___________________[city], ___________[state].
Name of Bidder Name of Bidder
___________________________________
Signature of Bidder Signature of Bidder
___________________________________
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
602
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
(A or 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: .
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:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 2
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 3
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
603
STATEMENT OF BIDDER’S QUALIFICATIONS AND REFERENCES
(Cont’d)
STATE OF CALIFORNIA, COUNTY OF
I am the
Of
, the bidder herein. I have read the foregoing statement and know the contents thereof;
and I certify that the same is true to my knowledge, except as to those matters which are
therein stated upon my information or belief, and as to those matters I believe it to be true.
Executed on at , California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Signature of Bidder
Title
Signature of Bidder
Title
604
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 City 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, City may give notice of default to Contractor, and at the City’s
option, elect any and all rights or remedies set forth in this agreement.
Approved by Contractor: _________________________________________________
Title
Date__________________________
605
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: ________________________________ Date: ______________________
606
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner
(“Owner”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial
Relations for the work or craft in which the worker is employed for any public work done under the contract by
Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records
available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records.
Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Contractor is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day’s work for all workmen
employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part
7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3
of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure
the payment of compensation to its employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for worker’s 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.”
Signature Date
Printed Name
Company
Title
607
BIDDER’S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the
total lump sum bid amount1. (NOTE: If bidding contractor does not have the appropriate specialty designations as
required by these bid documents, than a subcontractor with the appropriate specialty designation must be listed here. Failure
to do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach more sheets if necessary)
Total Percentage 2 ________________
_________________________________ ___________
Signature(s) of Bidder Date
1 Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
608
ATTACHMENT 2
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bond No. _________
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“Public Agency”), has issued an invitation for Bids for the Work
described as follows: Demolition of 136 First Street
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a Bid to Public Agency for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency in the penal sum of
Dollars ($
), being not less than ten percent (10%) of the total Bid
price, in lawful money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded
the Contract for the Work by the Public Agency and, within the time and in the manner required by the
bidding specifications, enters into the written form of Contract included with the bidding specifications,
furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee
payment for labor and materials), and furnishes the required insurance coverage, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the
Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety
hereby waives the provisions of Civil Code Section 2845.
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IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
By:
Its:
“Surety”
By:
Its:
By:
Its:
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as
attorney-in-fact must be attached.
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ATTACHMENT 3
SAMPLE AGREEMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
____________________, FOR DEMOLITION OF 136 FIRST STREET
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2019, between the City of Moorpark, a municipal corporation
(“City”) and ______________________, a ___________ (“Contractor”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for demolition services; and
WHEREAS, Contractor specializes in providing such services and has the proper work
experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated
_______________________, which is attached hereto as Exhibit _____.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of the
work identified in the Scope of Services and in conformance with Exhibit ___, unless this
Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a contractual
capacity to provide ___________________________ services, as set forth in Exhibit ___. In
the event there is a conflict between the provisions of Exhibit ___ and this Agreement, the
language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit ___. Contractor
shall complete the tasks according to the schedule of performance, which is also set forth in
________________________.
Compensation for the services to be performed by Contractor shall be in accordance
with ______________________. Compensation shall not exceed the rates or total contract
value of _________________________________ dollars ($_________.__) as stated in
____________________, without a written amendment to the agreement executed by both
parties. Payment by City to Contractor shall be in accordance with the provisions of this
Agreement.
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City and Contractor acknowledge that this project is a public work to which prevailing
wages apply, and that a public work project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to
comply with and be bound by all the terms, rules and regulations described in (a) Division 2,
Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including
without limitation Labor Code Section 1771 and (b) the rules and regulations established by
the DIR implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor who will
perform work on this project, Contractor shall be responsible for subcontractor’s compliance
with (a) and (b), and Contractor shall take all necessary actions to ensure subcontractor’s
compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to
annually register with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in meeting its
obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between City and
Contractor shall be _________________________, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City Manager’s
designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before
payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in ______________, based upon actual time
spent on the above tasks. This amount shall not exceed __________________________
dollars ($_______.__) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both parties.
The City Manager, if authorized by City Council, may approve additional work not to exceed
ten percent (10%) of the amount of the Agreement.
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Contractor shall submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within thirty (30)
days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost
appearing on any invoice shall be accompanied by a receipt or other documentation subject to
approval of the City Manager. If the City disputes any of Contractor’s fees or expenses it shall
give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth
on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or 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.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination
or suspension, provided that the work performed is of value to the City. Upon termination or
suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to
the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this Agreement,
City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate or suspend this Agreement immediately
by written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor’s control, and
without fault or negligence of the Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, designee shall
cause to be served upon the Contractor a written notice of the default. The Contractor shall
have seven (7) calendar days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
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If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement, or as duly extended in writing by the City Manager, Contractor
shall forfeit and pay to the City, as liquidated damages, the sum of one hundred dollars
($100.00) per day for each calendar day the work, or portion thereof, remains uncompleted
after the above specified completion date. Liquidated damages shall be deducted from any
payments due or to become due to the Contractor under the terms of this Agreement.
Progress payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the performance
of services under this Agreement. Contractor shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Contractor shall provide free access to the representatives of
City or the City’s designees at reasonable times to such books and records; shall give the City
the right to examine and audit said books and records; shall permit City to make transcripts
therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement. Notification of audit shall be provided at least thirty
(30) days before any such audit is conducted. Such records, together with supporting
documents, shall be maintained for a period of five (5) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of this
Agreement, all original documents, designs, drawings, maps, models, computer files, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor. With
respect to computer files, Contractor shall make available to the City, at the Contractor’s office
and upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of
its obligations under this Agreement or out of the operations conducted by Contractor,
including the City’s active or passive negligence, except for such loss or damage arising from
the sole negligence or willful misconduct of the City. In the event the City Indemnitees are
made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s
performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees
or at the City’s option reimburse the City Indemnitees their costs of defense, including
reasonable legal counsels’ fees incurred in defense of such claims.
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Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth 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 City
to monitor compliance with these requirements imposes no additional obligations on City and
will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend
City 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.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless and
indemnification provisions shall apply regardless of whether or not said insurance policies are
determined to be applicable to any losses, liabilities, damages, costs, and expenses described
in 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, City
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, City may release such
funds if the Contractor provides City with reasonable assurance of protection of the
Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are
reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A, attached hereto and incorporated herein by this
reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City
nor any of its officers, employees, or agents shall have control over the conduct of Contractor
or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
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performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and regulations
which in any manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Contractor shall at all times observe and comply with
all such laws and regulations, including but not limited to the Americans with Disabilities Act
and Occupational Safety and Health Administration laws and regulations. The City and
Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when
applicable. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status of such person; or any other basis protected by applicable federal, state, or
local law, except as provided in Section 12940 of the Government Code. The Contractor shall
have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City will receive
compensation, directly or indirectly from Contractor, or any officer, employee or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a
result of this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Services during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any
agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection
with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
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Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any
manner or degree with the performance of their services hereunder. Contractor further
covenants that in the performance of this Agreement, they shall employ no person having such
interest as an officer, employee, agent, or subcontractor. Contractor further covenants that
Contractor 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 partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in the
City or its Area of Interest, now or within the past one (1) year, and further covenants and
agrees that Contractor and/or its subcontractors shall provide no service or enter into any
contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
and/or public agency(ies) owning property and/or processing an entitlement application for
property in the City or its Area of Interest, while under contract with the City and for a one (1)
year time period following termination of this Agreement.
18. NOTICE
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 whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: ___________________
___________________
___________________
___________________
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon receipt by personal service or
as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have the
change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
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21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other action
of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in
Ventura County, California. The City 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.
23. COST RECOVERY
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 from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an arbitrator
if both sides agree in writing, with costs proportional to the judgment of the arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations, and statements, oral
or written, are merged into this Agreement and shall be of no further force or effect. Each party
is entering into this Agreement based solely upon the representations set forth herein and
upon each party’s own independent investigation of any and all facts such party deems
material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit or
define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
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28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any, and
this Agreement shall take precedence over those contained in the Contractor’s Proposal.
29. INTERPRETATION OF AGREEMENT
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 the party prepared the Agreement or caused
it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver 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.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK __________________________________
By:_______________________________ By:_______________________________
Troy Brown, City Manager _____(Name)_________________(Title)_
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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
requirements set forth here, Contractor agrees to amend, supplement or endorse the existing
coverage 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 the City in excess of the limits and coverage required in this Agreement
and which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial
General Liability” policy form CG 00 01 or the exact 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 are subject to review but in no event less than $1,000,000 per
occurrence for all covered losses and no less than $1,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000 per accident. 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 for each such person.
Workers’ 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 or disease.
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. Coverage shall
be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.
Policy shall contain a provision obligating insurer at the time insured’s liability is determined,
not requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to the City for injury to employees of Contractor, subcontractors or others involved
in the Work. The scope of coverage provided is subject to approval by the City following
receipt of proof of insurance as required herein. Limits are subject to review.
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. Bests rating of A- or better and a
minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor. Contractor and
the City agree to the following with respect to insurance provided by Contractor:
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1. Contractor agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds the City, its officials, employees, and
agents, using standard ISO endorsement CG 2010 with an edition prior to 1992.
Contractor also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation
prior to a loss. Contractor agrees to waive subrogation rights against the City regardless
of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this Agreement are intended to apply to the full extent of the policies. Nothing contained
in this Agreement or any other agreement relating to the City or its operation limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include limiting endorsement of any kind that has not been first submitted to the
City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called “third party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, 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) that may affect the City’s protection without the City’s prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or prior
to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled or reduced at any time
and no replacement coverage is provided, the City 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 the City shall be charged
to and promptly paid by Contractor or deducted from sums due Contractor, at the City’s
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any
cancellation or reduction of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation or reduction of coverage imposes no obligation, or
that any party will “endeavor” (as opposed to being required) to comply with the
requirements of the certificate.
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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 the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the
Work who is brought onto or involved in the Work by Contractor, provide the same
minimum insurance 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 Work will
be submitted to the City for review.
11. 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 contemplated by this Agreement to self-insure its
obligations to the City. If Contractor’s existing coverage includes a deductible or self-
insured retention, the deductible or self-insured retention must be declared to the City.
At that time, the City 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.
12. The City reserves the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Contractor 90 days advance
written notice of such change. If such change results in substantial additional cost to the
Contractor, the City will negotiate additional compensation proportional to the increased
benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Contractor of non-compliance with an insurance requirement in no way
imposes any additional obligations to the City nor does it waive any rights hereunder in
this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, 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. Termination of this obligation is not effective until the City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be
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submitted prior to expiration. A coverage binder or letter from Contractor’s insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specification applicable to the renewing or new
coverage must be provided to the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the obligations
of Contractor under this Agreement. Contractor expressly agrees not to use any
statutory immunity defenses under such laws with respect to the City, its employees,
officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits, or other requirements nor 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 limiting or all-inclusive.
19. 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. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or Contractor for
the cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to the City. It is not the intent of the City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against the City for payment of premiums or other amounts with respect
thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage
for Architects or Engineers on this project, when required by City. City shall determine
the liability limit.
623
EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its
citizens to ensure that all construction business performed on a public works project in the
state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall
apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail
with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf
of, the contractor pursuant to the contract for a public works project and payment for which is
not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who has entered into a
direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a
state agency, department, office, division, bureau, board, or commission, the California State
University, the University of California, a city, including a charter city, county, including a
charter county, city and county, including a charter city and county, district, special district,
public authority, political subdivision, public corporation, or nonprofit transit corporation wholly
owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement
of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code who
either is in direct contract with a contractor or is a lower tier subcontractor.
624
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45
days, shall provide the claimant a written statement identifying what portion of the claim is
disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a
contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, the public entity shall have up to three days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the
claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. If the public entity fails to
issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30
days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant
a written statement identifying the portion of the claim that remains in dispute and the portion
that is undisputed. Any payment due on an undisputed portion of the claim shall be processed
and made within 60 days after the public entity issues its written statement. Any disputed
portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding
mediation, with the public entity and the claimant sharing the associated costs equally. The
public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a qualified
neutral third party to mediate with regard to the disputed portion of the claim. Each party shall
bear the fees and costs charged by its respective mediator in connection with the selection of
the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute
shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an
evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4
to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall
625
result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the
public entity’s failure to have responded to a claim, or its failure to otherwise meet the time
requirements of this section, shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7
percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against
a public entity because privity of contract does not exist, the contractor may present to the
public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor
may request in writing, either on his or her own behalf or on behalf of a lower tier
subcontractor, that the contractor present a claim for work which was performed by the
subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The
subcontractor requesting that the claim be presented to the public entity shall furnish
reasonable documentation to support the claim. Within 45 days of receipt of this written
request, the contractor shall notify the subcontractor in writing as to whether the contractor
presented the claim to the public entity and, if the original contractor did not present the claim,
provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for
any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as
applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute
resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and
procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
(Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of
January 1, 2020, by its own provisions.)
626
ATTACHMENT 4
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“Public Agency”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Demolition of 136 First Street
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than the total
Contract Price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in the Contract and any
alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void one year after the recordation of the
Notice of Completion by Principal; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees,
incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an
action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or of the Work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to
627
the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and
2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE
BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State
where the project is located.
628
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“Public Agency”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Demolition of 136 First Street
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure
the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4
of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully
enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section
9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and
penalty assessment against the principal, any of its subcontractors, or both the principal and its
subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a
joint labor management committee may commence an action against the principal, any of its
subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if
the condition of this Bond be fully performed, then this obligation shall become null and void six months
after the recordation of the Notice of Completion by the Principal; otherwise, it shall be and remain in
full force and effect.
629
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract or the Specifications accompanying the same shall in any manner affect its
obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or
addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and
be authorized to transact business in the State where the project is located.
PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN
THE SPACE PROVIDED BELOW
630
SURETY – Contact Information
__________________________________________
Attn:_______________________________________
Address:___________________________________
City State Zip_______________________________
Phone #:___________________________________
BROKER – Contact Information
_______________________________________
Attn:___________________________________
Address:________________________________
City State Zip ____________________________
Phone# ________________________________
631
ATTACHMENT 5
PRE-DEMOLITION
ASBESTOS SURVEY
RESULTS
632
February 18, 2019
Ms. Jessica Sandifer, Program Manager
Parks, Recreation and Community Services Department
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Pre-Demolition Asbestos Survey Report
136 First Street
Moorpark, CA 93021
FCG Job Code: City of Moorpark-35
Dear Ms. Sandifer:
FCG Environmental (FCG) performed an asbestos survey at the subject site. The investigation
was performed on February 12, 2018 by William Miller, CA Certified Site Surveillance
Technician (CSST No. 07-4160), under the supervision of Alan Forbess, CA Certified Asbestos
Consultant (CAC No. 94-1549). This report documents the results of our survey, which was
conducted to identify asbestos containing materials prior to demolition of the subject site
structure.
1.0 Background Information / Scope of Project
Background: The subject site includes a single-story, 812 square feet residential home that
was reportedly built in 1917. FCG was asked to conduct a survey of representative building
materials to identify asbestos containing materials in accordance with federal, state and local
regulations.
Scope of Project: The asbestos survey included the following components:
• A visual inspection of representative building materials was conducted to identify
suspect asbestos containing materials.
• Bulk samples were collected from suspect asbestos containing materials for submittal to
a qualified laboratory for analysis. All bulk samples were analyzed by Forensic
Analytical, a state-certified laboratory located in Rancho Dominguez, CA. All samples
were analyzed by polarized light microscopy (PLM) methods to document the asbestos
content in each material. Please see the attached laboratory analytical data for more
information.
• All field observations, laboratory analytical data and other findings have been evaluated,
with this written report summarizing our findings and providing recommendations as
necessary.
• Note: This survey was limited to representative materials within accessible areas
available at the time of our inspection and may not have identified all asbestos
containing materials within the subject site.
633
FCG Environmental Pre-Demo Asbestos Survey Report
February 18, 2019 136 First Street
Moorpark, CA 93021
City of Moorpark-35, 136 First St., Asb Survey Rpt 2
2.0 Asbestos Survey Findings
Suspect Materials: After a visual inspection of the site was completed, the following suspect
asbestos materials were noted:
• Acoustic ceiling texture - throughout
• 12” off-white vinyl floor tile (VFT) - kitchen
• Tan vinyl sheet flooring (VSF) - kitchen
• Lt. green over dark green VSF - living room
• Tan w/ squares VSF – north bedroom
• Drywall with joint compound – throughout
• Exterior window putty
• Electrical wire insulation – attic
• Cement flue pipe – attic
• Roofing layers
• Roofing mastic
Bulk Sampling Results: FCG collected 26 bulk samples from suspect asbestos containing
materials from the subject site. Samples were forwarded to Forensic Analytical, a state-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. Table 1
below provides a summary of those materials which tested positive for asbestos based on
laboratory analytical data from collected samples. Please refer to the Attachments for a
complete copy of the laboratory analytical results.
Table 1: List of Asbestos Containing Materials
Sample
Number
Asbestos
Containing
Material
Location
% Asbestos
(Chrysotile)
Category
&
Friability
4 12” Off-W hite
VFT
Kitchen
(~90 sf)
Beige Tile = 3%
Yellow Mastic = ND
Category I,
Non-friable
Material
13, 14
& 17
Drywall Joint
Compound Throughout
White Drywall & Tape = ND
Beige Joint Compound = 2%
White Joint Compound = ND
Paints = ND
Category II,
Non-friable
Material
18 Window Putty
Exterior Side of
Windows
(~124 lf)
Beige Putty = Trace (<1%)
Paint = ND
Category II,
Non-friable
Material
26 Roofing
Mastic
Flue Pipe Penetration
(~1 sf) Black Mastic = 5%
Category I,
Non-friable
Material
634
FCG Environmental Pre-Demo Asbestos Survey Report
February 18, 2019 136 First Street
Moorpark, CA 93021
City of Moorpark-35, 136 First St., Asb Survey Rpt 3
Materials Showing a “Trace” of Asbestos: Exterior window putty materials showed a “trace”
or less than 1% asbestos by standard PLM methodology. Further analysis by more quantitative
methods (1,000 Point Count or TEM) would be required to quantify the concentration of
asbestos.
Materials Testing Negative for Asbestos: The following suspect materials sampled at this site
tested negative for asbestos:
• Acoustic ceiling texture - throughout
• Tan vinyl sheet flooring (VSF) - kitchen
• Lt. green over dark green VSF - living room
• Tan w/ squares VSF – north bedroom
• Electrical wire insulation – attic
• Cement flue pipe – attic
• Roofing layers
Notes on Tables and Assessment Terms:
• Asbestos containing material (ACM): Federal and County APCD regulations define ACM as any
material or product that contains more than 1% asbestos.
• Asbestos containing construction material (ACCM): State regulations define ACCM as any
material with greater than 0.1% asbestos by weight.
• Asbestos renovation: Defined by NESHAPS as the removal of more than 160 square feet or 260
linear feet of ACM. OSHA requires registration of all contractors removing more than 100 sq. ft.
on any project.
• Friable ACM: any ACM that when dry can be crumbled, pulverized, or reduced to powder by
normal hand pressure.
• Non-friable ACM: any ACM that cannot be reduced to powder by normal hand pressure.
• Category I non-friable ACM: asbestos-containing packings, gaskets, resilient floor covering, and
asphalt roofing products (typically pliable materials, including sealants and mastics).
• Category II non-friable ACM: any other ACM that when dry cannot be reduced to powder b y
hand pressure (typically non-pliable/cementitious materials).
• Regulated Asbestos Containing Material (RACM): any friable ACM that will be removed during a
renovation of a regulated structure. ACM that will become friable due to the removal technique is
also regulated. Note: while linoleum flooring is considered Category II ACM whi le managed in
place, removal always renders it friable.
• 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.
Summary: Our survey has identified Asbestos Containing Materials (ACM) at the site which
will require abatement or special handling if they are to be disturbed as part of future demolition
activities. Please see the Conclusions & Recommendations (Section 3.0) below for further
discussion regarding the abatement and handling of asbestos.
635
FCG Environmental Pre-Demo Asbestos Survey Report
February 18, 2019 136 First Street
Moorpark, CA 93021
City of Moorpark-35, 136 First St., Asb Survey Rpt 4
3.0 Conclusions & Recommendations
An asbestos survey at the subject site has been completed per the terms of our agreement to
define asbestos containing materials issues. Based on our visual observations and our
evaluation of analytical data, we conclude the following:
• Identified ACMs: The following Asbestos Containing Materials (ACM) contain greater
than 1% asbestos:
o Beige VFT (3% chrysotile) – located in the kitchen with approximately 90 square
feet. This is a non-friable, Category I material. No asbestos was detected in the
underlying yellow mastic.
o Drywall joint compound (2% chrysotile) – Three of the five bulk samples of
drywall materials were found to have 2% in the joint compound. This is a non-
friable, Category II materials. All drywall should be treated as ACM due to the
difficulty in distinguishing between them.
o Roofing mastic (5% chrysotile) – located and the flue pipe penetration with
approximately 1 square foot. This is a non-friable, Category I material.
These materials should be removed or disturbed in accordance with current federal,
state and local regulations. Please refer to the attached laboratory data for detailed
information.
• Trace Asbestos Materials: The following materials contain a “trace” or <1% asbestos and
must be managed as an Asbestos Containing Construction Material (ACCM) under
Cal/OSHA requirements unless more quantitative testing is conducted to determine the
actual concentration of asbestos:
o Beige Window Putty: This putty is found on the exterior sides of the windows and
is a Category II, non-friable material.
Recommendations:
1. All identified asbestos containing materials (ACM) that may be disturbed as part of future
demolition activities must be handled in accordance with federal and state regulations.
2. Disturbance activities should be performed only by properly trained asbestos abatement
contractors using appropriate controls to prevent fiber emissions during the removal
process. This may include the use of wet methods (water mist), negative air
containment, HEPA filtration and other engineering controls to keep fibers from being
dispersed. Windows may be removed intact to avoid disturbance of putty.
3. Workers performing removal should be properly protected to prevent exposure, including
the use of respiratory protection with HEPA filtration. Asbestos containing waste
materials should be properly contained and transported for off-site disposal at a properly
permitted facility.
4. The local enforcement agency for asbestos removal and demolition projects in Ventura
County is the Air Pollution Control District (APCD). They require notification for removal
of regulated asbestos containing materials (RACM) above 100 sq. ft., and for all building
demolition work within the County. This survey report should be submitted along with
any required notification forms, permits and fees required by County agencies. The local
636
FCG Environmental Pre-Demo Asbestos Survey Report
February 18, 2019 136 First Street
Moorpark, CA 93021
City of Moorpark-35, 136 First St., Asb Survey Rpt 5
County or City 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 reg arding permitting and
regulatory requirements.
5. 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.
6. As our survey was limited to readily accessible areas and materials only, there is
potential that suspect materials previously unidentified could be discovered during site
demolition work. This could include suspect materials located inside walls, under floors,
above ceilings, etc. If suspect materials are found during site work, the area should be
isolated, and any suspect materials tested to confirm or deny the presence of asbestos,
lead paint or other hazards.
637
FCG Environmental Pre-Demo Asbestos Survey Report
February 18, 2019 136 First Street
Moorpark, CA 93021
City of Moorpark-35, 136 First St., Asb Survey Rpt 6
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 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 presence or absence of lead-based paint or
lead-based paint hazards applies only to the tested or assessed surfaces on the date of the field
visit. It should be understood that conditions noted within this report were accurate at the time
of the inspection and in no way reflect the conditions at the property after the date of the
inspection. All data collection, findings, conclusions and recommendations presented by FCG
within this report are based upon limited data using current standard practices accepted within
the industry. 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.
FCG Environmental
_________________________
Alan Forbess, Principal Consultant
CA Certified Asbestos Consultant No. 94-1549
Attachments: Forensic Analytical Laboratory Report
FCG Bulk Sample Field Log
Inspector Certifications
638
Attachments
Laboratory Analytical Results
Bulk Sample Log Sheets
FCG Inspector Certifications
639
Final Report
(EPA Method 40CFR, Part 763, Appendix E to Subpart E and EPA 600/R-93-116, Visual Area Estimation)
Bulk Asbestos Analysis
7238Client ID:FCG Environmental
B273017Report Number:Alan Forbess
Date Received:1009 Mercer Avenue
02/14/19Date Analyzed:
02/14/19Date Printed:Ojai, CA 93023
First Reported:
7238City of Moorpark-35; 136 First St., Moorpark FALI Job ID:Job ID/Site:
Date(s) Collected:02/12/2019
26Total Samples Submitted:
Total Samples Analyzed:25
02/13/19
02/14/19
Sample ID Lab Number
Asbestos
Type
Percent in
Layer
Asbestos AsbestosPercent in Percent in
Type TypeLayer Layer
1 51209190
Layer: Off-White Non-Fibrous Material ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
2 51209191
Layer: Off-White Non-Fibrous Material ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
3 51209192
Layer: Off-White Non-Fibrous Material ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
4 51209193
Layer: Beige Tile Chrysotile 3 %
Layer: Yellow Mastic ND
Asbestos (3%)Total Composite Values of Fibrous Components:
Cellulose (Trace)
5 51209194
Comment: Sample not analyzed. Sample not found in bag.
6 51209195
Layer: Beige Sheet Flooring ND
Layer: Fibrous Backing ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (20 %) Fibrous Glass (5 %) Synthetic (10 %)
7 51209196
Layer: Light Green Sheet Flooring ND
Layer: Fibrous Backing ND
Layer: Green Sheet Flooring ND
Layer: Fibrous Backing ND
Layer: Tan Mastic ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (20 %)
1 of 4
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684
640
Report Number:B273017
Date Printed:02/14/19Client Name:FCG Environmental
Sample ID Lab Number
Asbestos
Type
Percent in
Layer
Asbestos AsbestosPercent in Percent in
Type TypeLayer Layer
8 51209197
Layer: Light Green Sheet Flooring ND
Layer: Fibrous Backing ND
Layer: Green Sheet Flooring ND
Layer: Fibrous Backing ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (20 %)
9 51209198
Layer: Light Green Sheet Flooring ND
Layer: Fibrous Backing ND
Layer: Green Sheet Flooring ND
Layer: Fibrous Backing ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (20 %)
10 51209199
Layer: Beige Sheet Flooring ND
Layer: Clear Mastic ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
11 51209200
Layer: Beige Sheet Flooring ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
Comment: No mastic detected.
12 51209201
Layer: Beige Sheet Flooring ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
Comment: No mastic detected.
13 51209202
Layer: White Drywall ND
Layer: Drywall Tape ND
Layer: Beige Skimcoat/Joint Compounds Chrysotile 2 %
Layer: Paint ND
Asbestos (Trace)Total Composite Values of Fibrous Components:
Cellulose (45 %)
14 51209203
Layer: White Drywall ND
Layer: Drywall Tape ND
Layer: Beige Skimcoat/Joint Compounds Chrysotile 2 %
Layer: Paint ND
Layer: White Skimcoat/Joint Compound ND
Layer: Paint ND
Asbestos (Trace)Total Composite Values of Fibrous Components:
Cellulose (40 %)
2 of 4
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684
641
Report Number:B273017
Date Printed:02/14/19Client Name:FCG Environmental
Sample ID Lab Number
Asbestos
Type
Percent in
Layer
Asbestos AsbestosPercent in Percent in
Type TypeLayer Layer
15 51209204
Layer: Off-White Drywall ND
Layer: Paint ND
Layer: White Skimcoat/Joint Compound ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (40 %)
16 51209205
Layer: White Drywall ND
Layer: White Skimcoat/Joint Compound ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (30 %) Fibrous Glass (2 %)
17 51209206
Layer: White Drywall ND
Layer: Drywall Tape ND
Layer: Beige Skimcoat/Joint Compounds Chrysotile 2 %
Layer: Paint ND
Asbestos (Trace)Total Composite Values of Fibrous Components:
Cellulose (55 %)
18 51209207
Layer: Beige Putty Chrysotile Trace
Layer: Paint ND
Asbestos (Trace)Total Composite Values of Fibrous Components:
Cellulose (55 %)
19 51209208
Layer: Off-White Putty ND
Layer: Paint ND
Layer: Off-White Putty ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
20 51209209
Layer: Off-White Putty ND
Layer: Paint ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
21 51209210
Layer: Black Woven Material with Tar ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (90 %)
3 of 4
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684
642
Report Number:B273017
Date Printed:02/14/19Client Name:FCG Environmental
Sample ID Lab Number
Asbestos
Type
Percent in
Layer
Asbestos AsbestosPercent in Percent in
Type TypeLayer Layer
22 51209211
Layer: Beige Cementitious Material ND
Layer: Paint ND
Layer: Foil with Adhesive ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace)
23 51209212
Layer: Tan Roof Shingle ND
Layer: Grey Roof Shingle ND
Layer: Black Felt ND
Layer: Tan Fibrous Material ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (7 %) Fibrous Glass (25 %)
24 51209213
Layer: Grey Roof Shingle ND
Layer: Black Felt ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (Trace) Fibrous Glass (30 %)
25 51209214
Layer: Grey Roof Shingle ND
Layer: Dark Grey Roof Shingle ND
Layer: Black Felt ND
Layer: Tan Fibrous Material ND
Asbestos (ND)Total Composite Values of Fibrous Components:
Cellulose (15 %) Fibrous Glass (25 %)
26 51209215
Layer: Black Semi-Fibrous Tar Chrysotile 5 %
Asbestos (5%)Total Composite Values of Fibrous Components:
Cellulose (Trace)
Analyticalresultsand reportsare generatedby ForensicAnalyticalLaboratoriesInc. (FALI) at the request of and for the exclusiveuse of the personor entity(client)named on such
report. Results, reportsor copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s) tested.
Supportinglaboratory documentationis available upon request.This report must not be reproducedexceptin full, unless approvedby FALI. The client is solelyresponsiblefor the
use and interpretation of test results and reports requested from FALI. Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials
analyzed. FALI 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.
Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' = 'None Detected'.
Tiffani Ludd, Laboratory Supervisor, Rancho Dominguez Laboratory
4 of 4
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763-2374 (888) 813-9417 / Fax: (310) 763-8684
643
Forensic Analytical Laboratories, Inc. Analysis Request Form (COC)
Client Name&Address: Client No.:7238 PO/Job#: Date: 21/2//Y
city of /'7oo/lp44 -35 •
FCG (Forbess Consulting Group,Inc.) Turn Around Tim 1Day 2Day / 3Day / 4Day / 5Day
1009 Mercer Avenue
Ojai,CA 93023 ❑PCO�M: �❑NIOS 00A / ❑NIOSH 7400B ❑Rotometer
Standard / ❑Point Count 400-1000 / ❑CARB 435
Contact: Alan Forbess,President ❑TEM Air: ❑AHERA 1 ❑Yamate2 / ❑NIOSH 7402
❑TEM Bulk: ❑Quantitative / ❑Qualitative / ❑Chatfield
Phone:(805)646-1995 Fax: O TEM Water: ❑Potable / ❑Non-Potable / ❑Weight
•
❑TEM Microvac: ❑Qual(4-/-) / ❑D5755(str/area) / ❑D5756(strlmass)
E-mail: aforbessra}tcecnviro.com leg.bi1L i':amail.com 0 IAQ Particle Identification(PLM LAB) ❑PLM Opaques/Soot
❑Particle Identification(TEM LAB) ❑Special Project
Site: ❑Metals Analysis: Method:
Matrix:
Site Location:
•
Analytes: •
•
Comments: I Report Via: •
❑Fax ❑E-Mail 1 Verbal
FOR AIR SAMPLES ONLY Sample
Sample ID Date 1 Sample Location I Description Area 1
Time Time Avg. Total Air
Type On/Off LPM Time Volume
A
• C
A
A •
•
•
P —
A
A
A
A
A
A
A
p •
Sampled ay: /7/� �Ii cmc . Date: 0 /IZ/7 cam+ Time: f a 41A — —
Shipped Via: /F'ed Ex ❑DHL ❑UPS ❑US Mail ❑Courier (❑Drop Off ❑Other:
Rel i/nqui B/y: Relinquished By: Relinquished By:
7
Date/Time: Date/Time: Date/Time:
Received By: Received By: Received By:
Date/Time: 02,i 3, I Q f 0. 6,-1pc 4v..?, Date/Time: Date/Time:
Condition Acceptable?'B..Yes ❑No 1 lr Condition Acceptable? O Yes ❑No Condition Acceptable? ❑Yes ❑No •
San Francisco Office:3777 Depot Road,Suite 409,Hayward,California 94545-2761/Ph:(510)887-8828 a(800)827-3274/Fax:(510)887-4218
Los Angeles Office:2959 Pacific Commerce Drive,Rancho Dominguez,California 90221/Ph:(310)763-2374*(888)813-9417/Fax:(310)763-4450
Las Vegas Office:6765 S.Eastern Avenue,Suite 3,Las Vegas,Nevada 891191 Ph:(702)784-0040/Fax:(702)784-0030
644
0, 3
Forbess Consulting Group Inc.
Asbestos Bulk Sampling Field Log
Date: 2/12/1 7 Friable: Friability Codes: N=Non-friable; F=Friable
Client: C,;y o rile,o aP�,z,e Cond: Condition Codes: G=Good; F=Fair; P=Poor
Site: '36 G,�s; 5T,
Project: c ,,c //lc u rz '2k -JS---- NA=Not Analyzed
Inspector(s) 4t,,4-7 ND=Detected
Area/Unit: N=Negative
/ /kV VS77c Ce"-,,yr- /0/iv'rt/6 /Zv o/31 Ivo sr, afrJ,N6 J N, f3 r F
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Forbess Consulting Group Inc.
Asbestos Bulk Sampling Field Log
Date: 'Z/i2/, 9 Friable: Friability Codes: N=Non-friable; F=Friable
Client--,op. iscdre.(/9--e-,z Cond: Condition Codes: G=Good; F=Fair; P=Poor
Site: i 36 `r2s.— 5 T.
Project: c,r)/ Gr^ /7o02,.1+2,e– S NA=Not Analyzed
Inspector(s): •h ND=Detected
Area/Unit: N=Negative
/3 A4y6✓�--w J c'c,e,P p'Nrn/4 eGu/1--‘ i/h N P
1 y i.--[ t/,NG Q.GUCII,
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Forbess Consulting Group Inc .
Asbestos Bulk Sampling Field Log
Date: 247// ? Friable: Friability Codes: N=Non-friable; F=Friable
Client: C,T-/ o AC frj pa tz Pr-1-,4L Cond: Condition Codes: G=Good; F=Fair; P=Poor
Site: , c,e-s ; s
Project: C r r-v p P /A?Qua(2/12,L- -"s" NA=Not Analyzed
Inspector(s): �"2-1 3s ND=Detected
Area/Unit: N=Negative
ZJ /Z46P Li.- S Sc.)L)—r7-f- SrOL F
am
FCG Staff Certifications —William A. Miller
State of California
Division of Occupational Safety and Health
Certified Site Surveillance Technician
William A Miller
Name
Certification No. 07-4160
NIS.,
Expires on 03/22/20
This certification was issued by the Division of
Occupational Safety and Health as authorized by
■ Sections 7180 et seq.of the Business and
Professions Code.
State of California Department of Public Health
Inspector Assessor 06113/2019
Prtject Monitor 06/13/2019
•
William A. Miller a lD #: 17274
•
'r
ENCORP
Nd175Ha$2A22508-005
I‘, 1oIF:11%1 NF',TN'1 INh CORPORA MIN
CYnflll n/�.vume,e .*/'7'runue.r aaurra 406'8
ru rxaxn F ��im sn-oa io
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William Miller
/.vw-as-nns
has attended and aatistact ally completed the eoara in
Sampling and Evaluating Airborne Asbestos Dust
NIOSH 582 Equivalent
no
(lib day
FCbreary 25,2008
+l.
WNiam LWhninq Gown Mr,a,, 41ipurlUrnun /dna. Jin..x.,
I y
648
ATTACHMENT 6
STORMWATER POLLUTION
CONTROL PLAN
(PROJECTS LESS THAN 1 ACRE)
649
City of Moorpark
Stormwater Pollution Control Plan
Less Than One Acre*
SWPCP No. ___________
(City Engineer/Public Works Director will assign # upon first review of SWPCP)
Project is (circle one): Public1 Private
Project Name:
Project Number:
Project Location:
Capital Improvement Project No.:2
Project Contractor Responsible for
SWPCP Implementation:
Name/Phone Number
Construction Start Date:
Construction Completion Date:
SWPCP Prepared by:
Name and Title:
Company Name:
Phone Number
Date:
*This SWPCP is required for all projects that disturb less than one acre of soil. If the
project disturbs one or more acres of soil, it is subject to the State General
Construction NPDES Permit and related SWPPP (see p. 68 of Ventura County
Municipal Stormwater Permit, Order R4-2010-0108).
One Acre equals 43,560 square feet.
1 Public refers to the City of Moorpark, not other public agencies.
2 A CIP number is assigned to Public projects administered by the City of Moorpark.
650
Stormwater Pollution Control Plan for Projects Under One Acre
Page 2 of 12
REQUIREMENTS FOR A
STORMWATER POLLUTION CONTROL PLAN
Prior to the issuance of any construction/grading permit and/or the commencement of
any clearing, grading or excavation, contractors of projects with construction activities
shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
provided herein, for the review and approval of the City Engineer/Public Works Director
or his designee.
The purpose of the SWPCP is to identify potential pollutant sources that may affect the
quality of discharges and to design the use and placement of Best Management
Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site
into the storm drain system during construction. Erosion and sediment source control
BMPs should be considered for both active and inactive (previously disturbed)
construction areas. BMPs for wind erosion and dust control are also included. The
SWPCP may require modification as the project progresses and as conditions warrant.
The SWPCP shall be developed and implemented in accordance with the Ventura
Countywide Stormwater Quality Management Program, National Pollutant Discharge
Elimination System (NPDES) Permit No. CAS004002 (Order R4-2010-0108), and any
other requirements established by the City of Moorpark.
The applicant/owner is responsible for ensuring that all project contractors and
subcontractors implement all applicable BMPs.
Page 9 of the SWPCP template addresses requirements for BMPS/control measures to
treat post-construction stormwater runoff under the Ventura County Stormwater Quality
Urban Impact Mitigation Plan (SQUIMP). To see if this project qualifies for SQUIMP,
please call the City of Moorpark City Engineer/Public Works Director at 805-517-6285 or
dklotzle@ci.moorpark.ca.us.
651
Stormwater Pollution Control Plan for Projects Under One Acre
Page 3 of 12
STORMWATER POLLUTION CONTROL PLAN
Definitions:
SWPCP - Stormwater Pollution Control Plan
BMP - Best Management Practice
The SWPCP and BMP references are from the California BMP Handbook, Construction,
January 2003; and the Caltrans Stormwater Quality Handbook – Construction Site BMP
Manual, March 2003.
Responsible Party Information
Project Owner/Developer:
Mailing Address:
City:
State:
Zip:
Phone:
Contractor Information
Contractor :
Mailing Address:
City:
State:
Zip:
Phone:
Contractor’s Authorized
Representative:
Phone:
Estimated Construction Start Date:
Estimated Construction Completion
Date:
652
Stormwater Pollution Control Plan for Projects Under One Acre
Page 4 of 12
Site Map Requirements
In addition to proposed construction plans, provide the following information, if
applicable.
Parcel Size = __________ square feet (one acre equals 43,560 square feet).
Note: Before a grading permit is issued, the City of Moorpark will require proof of receipt of a
Notice of Intent for the State National Pollutant Discharge Elimination System General
Construction Permit for all construction projects that have a parcel size of one acre or more or
that are less than one acre but the site is part of a larger common area of development or sale.
Boundary of construction site: construction area = __________ square feet.
Existing paved areas and buildings.
Areas of existing vegetation to be protected/preserved.
Areas where it is known that toxic materials have been stored, disposed, spilled,
or leaked onto the construction site.
Affected water courses, lakes, wetlands, springs, and wells.
Watershed boundary of offsite areas that drain into construction site.
Boundary of drainage area where stormwater leaves property.
Areas of soil disturbance and locations of potential soil erosion areas requiring
BMPs during construction.
Areas of cut and fill.
Drainage patterns and slopes anticipated after major grading activities.
Locations of existing storm drain facilities.
Types and locations of stormwater structures, controls, and/or BMPs that will be built/utilized to
control stormwater pollution during construction. Provide a brief description of BMPs selected
and, if appropriate, attach modified fact sheets or additional information.
Construction and erosion control material storage areas.
Temporary stockpile and construction waste storage areas.
Construction vehicle storage and service areas.
The above information should be updated as needed to meet evolving construction
conditions.
653
Stormwater Pollution Control Plan for Projects Under One Acre
Page 5 of 12
Inventory of Contractor’s Activities and Special Conditions
1. Describe construction materials, equipment, and vehicles that will be used onsite.
2. Describe the existing soil and source description of fill material (reference or
attach soils report).
3. Provide a description of special site conditions that may contribute pollutants to
all discharges and how they are to be controlled.
4. Describe stormwater structures/controls on the site prior to construction and how
these structures/controls will be integrated into the SWPCP to reduce sediment
and other pollutants in all discharges.
5. Provide the sequence for implementation or installation or proposed BMPs.
6. List waters, other than stormwater, which will flow from the site during dry
weather, the approximate amount of flow, and methods for preventing or treating
these dry weather flows.
7. Hillside or Construction Discharging Directly to Sediment Impaired
Waterbody – Contractor shall implement enhanced BMPs on sites located on a
hillside (contains slopes that are 20% or greater) or that discharge directly to the
Arroyo Simi. For a list of enhanced BMPs see Table 9 in Part 4.F.4 in the
Ventura County Municipal Stormwater Permit (Order No. R4-2010-0057). The
Permit may be obtained online or by request from the Public Works Senior
Management Analyst (skroes@ci.moorpark.ca.us). In addition to enhanced
BMPs, these types of sites must be inspected by a qualified SWPPP Developer
at least weekly during the wet season and once each 24 hour period during a
storm event that generates runoff from the site to identify BMPs that need
maintenance to operate effectively, that have failed or could fail to operate as
intended.
Attach sheets if additional space is required.
654
Stormwater Pollution Control Plan for Projects Under One Acre
Page 6 of 12
Monitoring, Inspection, and Maintenance Requirements
1. Implement maintenance/repair efforts to ensure that the required BMPs are in
good and effective condition. (A maintenance/repair plan is attached? Yes
No)
2. Before start of construction and during contract annually train all site personnel
responsible for installing, inspecting, and maintaining BMPs: (Training
program/material attached? Yes No) Document training on Attachment 2.
Contractor must forward copy of training record to the City Engineer/Public
Works Director.
3. Keep records and document on Inspection form (Attachment 1):
annual inspection
pre-storm inspection
post-storm inspection
655
Stormwater Pollution Control Plan for Projects Under One Acre
Page 7 of 12
Best Management Practices - BMPs
Complete the following charts. The BMPs listed may be used if applicable or adequate.
Additional BMPs may apply. Please do not attach the BMP Fact Sheets referenced from the
CASQA or Caltrans BMP Handbooks to the City’s copy of the SWPCP; however, the BMP Fact
Sheets must be attached to the SWPCP that is kept at the construction site. BMPs can be
downloaded from the CASQA website www.casqa.org or Caltrans website
http://www.caltrans.ca.gov.
CASQA or Caltrans BMPs Selected – Noted
by Ref. ID from the BMP Handbooks
Use BMP (If no, state reason) Yes No
Erosion Control BMPs
EC-1 or
SS-1 Scheduling
EC-2 or
SS-2
Preservation of Existing
Vegetation
Sediment Control BMPs
SE-1 or
SC-1 Silt Fence
SE-8 or
SC-8 Sandbag Barrier
TC-1 Stabilized Construction
Entrance/Exit
Non-Stormwater Management
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
Waste Management
WM-1 Material Delivery & Storage
WM-3 Stockpile Management
WM-4 Spill Prevention & Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management
WM-9 Sanitary/Septic Waste Mgmt.
Additional BMPs Selected
Hillisde (20%> slope) or Direct
Discharge to Arroyo Simi If applicable, apply Table 9 from
Order No. R4-2010-0108
See Attachment 3 for BMPs required for roadbed or street paving, repaving,
patching, digouts, or resurfacing roadbed surfaces.
656
Stormwater Pollution Control Plan for Projects Under One Acre
Page 8 of 12
**POST CONSTRUCTION TREATMENT CONTROL BMPS – Land Based Treatment
BMPs below are from VC Technical Guidance Manual for Stormwater Treatment
Yes No Reason for Rejection
Post Construction Treatment Control BMPs - Infiltration
T-10*
TC-10 Infiltration Trench
T-9*
TC-11 Infiltration Basin
TC-12 Retention/Irrigation
Post Construction Treatment Control BMPs – Detention & Settling
T-4*
TC-20 Wet Detention Basin
T-5*
TC-21 Constructed Wetland Basin
T-3*
TC-22 Extended Detention Basin
Post Construction Treatment Control BMPs – Biofiltration
T-2*
TC-30
Grass Swale Filter
Vegetated Swale
T-1*
TC-31
Grass Strip Filter
Vegetated Buffer Strip
T-7* &
T-8*
TC-32
Porous Landscape or Pavement
Detention
Bioretention
Post Construction Treatment Control BMPs – Filtration
T-11*
MP-40
Media Filter
Media Filter (Proprietary)
T-6*
TC-40
Sand Filter
Media Filter
Post Construction Treatment Control BMPs – Proprietary Devices
Proprietary devices will only be considered after standard treatment control measures in the Tech.
Manual (T-1 – T-11) have been rejected. The alternative measure must be suitable for the specific land
use and pollutant to be removed. Please see p. 5-120 of the Technical Guidance Manual.
TC-50 Water Quality Inlet
MP-50 Wet Vault (Proprietary)
MP-51 Vortex Separator (Proprietary)
MP-52 Drain Inserts (Proprietary)
Post Construction Treatment Control BMPs – Other
TC-60 Multiple Systems
* These are devices listed in the VC Tech Manual which the developer should consider first before
considering the devices in CA BMP Handbook. Refer to SQUIMP requirements, available at
www.vcstormwater.org for applicability of post-construction stormwater runoff treatment measures. This
list will be updated upon adoption of the VC Municipal SW Permit Order 10-0108 Tech Manual.
657
Stormwater Pollution Control Plan for Projects Under One Acre
Page 9 of 12
CERTIFICATION
Contractor
As the Contractor of record, I have selected appropriate BMPs to effectively minimize
the negative impacts of this project’s construction activities on stormwater quality. The
project owner is aware that the selected BMPs must be installed, monitored, and
maintained to ensure their effectiveness. The BMPs not selected for implementation
are redundant or deemed not applicable to the proposed construction activity.
Name: Title:
Signature: Date:
Owner/Developer:
I certify that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on my inquiry of the
person or persons who managed the system or those persons directly responsible for
gathering the information, the information submitted is true, accurate, and complete. I
am aware that submitting false and/or inaccurate information, failing to update the
SWPCP to reflect current conditions, or failing to properly and/or adequately implement
the SWPCP may result in revocation of grading and/or other permits or other sanctions
provided by law.
Name: Title:
Signature: Date:
REVIEWED BY CITY:
Name: Title:
Signature: Date:
Acceptance or approval of this Stormwater Pollution Control Plan in no way precludes
the authority of the agency to require modification to the plan as conditions warrant nor
does the agency take responsibility for performance of BMPs provided for in the plan.
658
Stormwater Pollution Control Plan for Projects Under One Acre
Page 10 of 12
ATTACHMENT 1 TO SWPCP
CONSTRUCTION SITE INSPECTION CHECKLIST
Contractor shall complete this checklist and keep a copy with the SWPCP a minimum of:
Monthly during nonrainy season (April 16 through September 30)
Weekly during rainy season (Oct. 1 through April 15)
Before, during and after a significant rain event (.25” or greater)
All hillside sites or sites that directly discharge to Arroyo Simi must be inspected by a qualified
SWPPP Developer at least weekly during the wet season and once each 24 hour period during a
storm event that generates runoff from the site to identify BMPs that need maintenance to
operate effectively, that have failed or could fail to operate as intended.
DATE OF INSPECTION: _________________________
Project Name:___________________________Contractor:_____________________
Weather Conditions during inspection:____________________________________
Item
Compliance
Accomplished
YES NO N/A
Date Completed
1 Is the site entrance stabilization adequate?
2 Are equipment/vehicles parked in designated areas and
free from significant leaks? Are drip pans present as
needed?
3 Are maintenance areas free from stains on the soil?
4 Are all materials stored in bins or covered in plastic and
protected from stormwater?
5 Is construction waste being disposed of in proper trash
containers?
6 Are concrete washout stations present and being utilized
and maintained?
7 Is fugitive dust being controlled and water being used as
needed?
8 Are catch basins, drainage channels, drain inlets/outlets
being protected?
9 Are erosion control measures (BMPs) identified in
SWPCP in place and effective?
10 Are sediment control measures (BMPs) identified in
SWPCP in place and effective?
11 If applicable, are enhanced BMPs identified in #7 on p. 5
of SWPCP being implemented as appropriate?
Comments:__________________________________________________________________________
____________________________________________________________________________________
I certify under penalty of law that this inspection is true, and I or a qualified assigned
person has performed the required inspection as stated in the SWPCP.
________________________________ ___________________________________
Inspector Signature Contractor Signature
659
Stormwater Pollution Control Plan for Projects Under One Acre
Page 11 of 12
ATTACHMENT 2 TO SWPCP
TRAINED CONTRACTOR PERSONNEL LOG
Employees and subcontractors must be trained on the SWPCP prior to start of
construction and annually thereafter. Contractor shall keep original training logs
in the SWPCP and forward a copy to the City Engineer/Public Works Director.
Stormwater Management Training Log
Project Name:
Project Number/Location:
Stormwater Management Topic: (check as appropriate)
Erosion Control Sediment Control
Wind Erosion Control Tracking Control
Non-stormwater management Waste Management and Materials Pollution Control
Stormwater Sampling
Specific Training Objective:
Location: Date:
Instructor: Telephone:
Course Length (hours):
Attendee Roster (attach additional forms if necessary)
Name Company Phone
COMMENTS:
660
Stormwater Pollution Control Plan for Projects Under One Acre
Page 12 of 12
ATTACHMENT 3 TO SWPCP
ROADWAY PAVING OR REPAVING OPERATIONS
A project that includes roadbed or street paving, repaving, patching, digouts, or
resurfacing roadbed surfaces shall include the following BMPs.
1. Restrict paving and repaving activity to exclude periods of rainfall or predicted
rainfall unless required by emergency conditions.
2. Install sand bags or gravel bags and filter fabric at all susceptible storm drain
inlets and at manholes to prevent spills of paving products and tack coat.
3. Prevent the discharge of release agents including soybean oil, other oils, or
diesel to the storm water drainage system or receiving waters.
4. Minimize non storm water runoff from water use for the roller and for
evaporative cooling of the asphalt.
5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other
material to capture all spillage and dispose of properly.
6. Collect liquid waste in a container, with a secure lid, for transport to a
maintenance facility to be reused, recycled or disposed of properly.
7. Collect solid waste by vacuuming or sweeping and securing in an appropriate
container for transport to a maintenance facility to be reused, recycled or
disposed of properly.
8. Cover the “cold-mix” asphalt (i.e. pre-mixed aggregate and asphalt binder)
with protective sheeting during a rainstorm.
9. Cover loads with tarp before haul-off to a storage site, and do not overload
trucks.
10. Minimize airborne dust by using water spray during grinding.
11. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding
materials or rubble in or near storm water drainage system or receiving
waters.
12. Protect stockpiles with a cover or sediment barriers during a rain.
661
CITY OF MOORPARK
JANICE S. PARVIN
Mayor
CHRIS ENEGREN
Councilmember
ROSEANN MIKOS, Ph.D.
Councilmember
DAVID POLLOCK
Councilmember
KEN SIMONS
Councilmember
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
June 26, 2019
ADDENDUM NO. 1
for
136 First Street Demolition
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
===========================================================================
Clarification regarding chainlink fencing:
Chainlink to be permanent installation, 9 gauge, 6 ft fence with top rail. The north, east, and
south property lines need to be fenced completely. The west property line has an existing
chainlink fence along half of it. The new chainlink fence is to connect with the existing chainlink
fence on the west property line. 20 foot construction gate to be included on the First Street side
of the property. See attached diagram and approximate linear feet. Contractor responsible to
verify exact linear footage.
Clarification regarding crawl space at rear of house:
Per Code Enforcement staff the crawl space is an unpermitted, hand dug crawl space, and
partially contributed to the collapse of the home. The area is approximately 6’ deep x 8’ wide x
12’ long. Contractor responsible to fill in the crawl space after demolition of the structure. This
will require import, placement, and compaction of uncertified fill material until it is firm and
unyielding. Fill estimated at 21 cubic yds. Fill material shall be clean dirt, free of contaminants
such as asbestos, lead, or other hazardous materials. Contractor to provide documentation that
fill material is free of environmental pollutants. See also attached revised bid proposal to include
concrete fill. All prices noted on the bid proposal form for import work shall include all labor,
material, and equipment costs associated with this added work.
Clarification regarding removal of concrete at rear of home:
Concrete pad located at rear of home shall be removed.
‘END OF CHANGES’
===========================================================================
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be allowed therefore.
_______ ___
Jeremy Laurentowski, Parks and Recreation Director
Questions regarding this addendum may be directed to the City’s Project Representative Jessica Sandifer,
jsandifer@moorparkca.gov.
[next page]
662
136 First Street Demolition – Addendum #1
June 26, 2019
Page 2
2
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT
jsandifer@moorparkca.gov AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name:
Authorized Representative:
Signature of Authorized Representative:
Attachment: :
1 – Fencing Diagram
2 - Revised Bid Proposal Sheet
663
136 FIRST STREET - FENCING DIAGRAM
t
411 4P
♦ ,ger" -
r � ' Com- � �•i •
i r
N Mon. v1.1 Join existing fence
RA
-F 1" =47 ft REDLINE= NEW FENCE 06126/2079 - *r
This map mayre resents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the
responsiblestaffpfar most up to date information. 664
INFORMAL BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CITY OF MOORPARK
MOORPARK, CALIFORNIA
Demolition of 136 First street
Moorpark, California
Bids to Be Received – July 3, 2019 at 3:00 p.m.
__________________________________________________________________________
CONTRACTOR
Name _____________________________________________________________________
Street Address _____________________________________________________________
City ________________________ State _________ Zip Code _____________________
Telephone Number_____________________________________________________________
E-mail Address: ______________________________________________________________
Contractor’s License No Class ________ , Expiration Date ______________
DIR No.______________________________________________________________________
The undersigned swears under penalty of perjury that the information regarding the Contractor’s
License is true and correct.
Signature of Bidder __________________________________________________________
Title
PROPOSED SCHEDULE OF WORK AND PRICES
Total Amount of Bid $_______________
Number of calendar days for completion: 14 days from Notice to Proceed
Item Description Qty
Unit Total
1 Asbestos Abatement 1 LS
2/3/4 Demolition 1 LS
5 Chain Link Fence 330 LF
6 Crawl Space Fill 22 CY
665
ATTACHMENT 2
RESOLUTION NO. 2019-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2019/20 BUDGET BY APPROPRIATING $55,744 FROM THE
CITY AFFORDABLE HOUSING FUND (2121) FOR DEMOLITION
OF 136 FIRST STREET (L0080)
WHEREAS, on March 21, 2018 City Council approved Resolution No. 2018-3690
authorizing the purchase of the property located at 136 First Street (APN: 512-0-102-
120) using the City Affordable Housing Fund (2121) for $259,500; and
WHEREAS, on June 19, 2019 the City Council adopted the Operating and
Capital Improvement Projects budget for FY 2019/20; and
WHEREAS, a staff report has been presented to the City Council requesting a
budget amendment of $55,744 from the City Affordable Housing Fund (2121) for
demolition of 136 First Street; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $55,744 from, the City
Affordable Housing Fund (2121), as more particularly described in Exhibit “A”, attached
hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of July, 2019.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
666
Resolution No. 2019-_____
Page 2
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2121-000-00000-33990 55,744.00$
Total 55,744.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2121-172-L0080-55100 -$ 55,744.00$ 55,744.00$
-$ -$
-$ -$
-$ -$ -$
Total -$ 55,744.00$ 55,744.00$
CITY AFFORDABLE HOUSING FUND
EXHIBIT A
BUDGET AMENDMENT FOR
CITY AFFORDABLE HOUSING FUND (2121)
FY 2019/20
Fund Title
DEMOLITION OF 136 FIRST STREET
667