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LIZ Resolution No. 2007 -186
��'TY OF
MOORPAR K REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 5, 2007
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. PRESENTATION /ACTION /DISCUSSION:
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of Minutes of Regular Meeting of November 7, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Award of Bid and Proiect Approval for the Demolition of 765 Walnut
Street, 81 Charles Street. and a Portion of 782 Moorpark Avenue. Staff
Recommendation: 1) Approve the removal of 765 Walnut Street, 81 Charles
Street, and a portion of 782 Moorpark Avenue; and 2) Award bid to V.A.C.
Environmental and Demolition and authorize execution of the Agreement,
subject to final language approval by the Executive Director and Agency
General Counsel. (Staff: David Moe)
C. Consider Resolution Authorizina the Acauisition of 33 Hiah Street. Accegtin
the Grant Deed for Recordation, and Amending the Fiscal Year 2007/08
Budget to Fund the Purchase. Staff Recommendation: Adopt Resolution No.
2007- ; 2) Authorize the Executive Director to execute all documents
necessary to this transaction; and 3) Authorize the Agency Secretary to accept
and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED
(Staff: David Moe)
Redevelopment Agency Agenda
December 5, 2007
Page 2
6. CONSENT CALENDAR: (continued)
D. Consider Recordation of the Notice of Completion for the Grain Silo
Demolition Prooect at 192 High Street. Staff Recommendation: Authorize the
Agency Secretary to file the Notice of Completion and release the project
bonds consistent with the contract provisions. (Staff: David Moe)
7. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 192 High Street (APN 512 -0- 090 -105)
Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven
Kueny, Executive Director
Negotiating Parties: Aszkenazy Development, Inc.
Under Negotiation: Price and terms of sale
8. ADJOURNMENT:
All writings and documents provided to the majority of the Agency regarding all open- session agenda items are available for public
inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for
all regular Redevelopment Agency meetings is also available on the City's website at www.ci.mooraark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing
or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each
Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517-
6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this
meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda
can be made available inappropriate alternative formats to persons with a disability. Any request for disability - related modification
or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Moorpark Redevelopment Agency to be held Wednesday, December 5,
2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on November 30, 2007, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 30, 2007.
7
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM b. A .
ACTION: -y-- PA,►,,, IT -S OF THE REDEVELOPMENT AGENCY
Moorpar , _Ga ifora -- -- November 7, 2007
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
November 7, 2007, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:36 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PRESENTATION /ACTION /DISCUSSION:
None.
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of Minutes of Regular Meeting of October 17, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Resolution Authorizinq the Acquisition of 1293 and 1331 Walnut
Canyon and Amending the Fiscal Year 2007/08 Budget to Fund the
Purchase; and Accepting the Grant Deeds for Recordation. Staff
Recommendation: 1) Adopt Resolution No. 2007 -185; 2) Authorize the
Minutes of the Redevelopment Agency
Moorpark, California Page 2 November 7, 2007
Executive Director to execute all documents necessary to these
transactions; and 3) Authorize the Agency Secretary to accept and
consent to the recordation of any deeds. ROLL CALL VOTE REQUIRED
7. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
Chair Hunter adjourned the meeting at 7:37 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
t0000i'2
TTEI� to . B•
CITY OF MOORPARK. CALIFORNio-
Redevelopment Agency Meeting
of
ACTION:_ j�
MOORPARK REDEVELOPMENT AGEN%
AGENDA REPORT
TO: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager
BY: Jessica Sczepan, Administrative Speciali
DATE: November 20, 2007 (Agency Meeting of 12/5/07)
SUBJECT: Consider Award of Bid and Project Approval for the Demolition of
765 Walnut Street, 81 Charles Street, and a Portion of 782
Moorpark Avenue
BACKGROUND & DISCUSSION
The Agency acquired 765 Walnut Street, 782 Moorpark Avenue, and 798 Moorpark
Avenue for use as the site of a future affordable housing project. 81 Charles Street was
originally purchased to be refurbished and sold as an affordable housing unit; however,
upon further investigation, staff discovered that it was not financially feasible to
rehabilitate and resell the unit. The property is now proposed to be developed as a part
of the affordable housing project mentioned above. All of the properties are now vacant
and staff feels that it is appropriate to demolish the buildings to remove the attractive
nuisance they provide. The building at 798 Moorpark Avenue and the fire station garage
at 782 Moorpark Avenue were not a part of this bid and will remain intact until the
proposed affordable housing project has been approved by the Agency Board and City
Council.
A notice inviting bids for the demolition of these properties was published on November
2, 2007. A job walk was held on November 8, 2007 and was attended by 5 contractors.
Five bids were received by the due date of November 15, 2007. The results are:
American Wrecking, Inc.
Draper Construction
Specialized Environmental
Standard Industries
V.A.C. Environmental and
Inc.
Demolition
$101,877.00
$77,625.00
$90,885.00
$78,113.00
$65,000.00
Honorable Agency Board
December 5, 2007
Page 2
The proposals were evaluated on their completeness and cost. The responsible low
bidder is VAC Environmental and Demolition (VAC). VAC possesses the necessary
qualifications, resources, and experience to perform the work.
ENVIRONMENTAL DOCUMENTATION
A Historical Resources Survey of 765 Walnut Street was conducted by San
Buenaventura Research Associates, to ensure that the demolition of the building would
not negatively impact historic resources. The Resource Survey concluded that the
building did not qualify as a historical resource under the guidelines for the National
Register of Historic Places, the California Register of Historic Resources, or the City of
Moorpark Historical Landmark criteria, and would not cause any adverse impacts on
historic resources as a result of its demolition. A copy of the report is attached.
As this project involves the demolition and removal of three residences and their
accessory structures, and there is no reasonable possibility that it would result in a
significant effect on the environment, either individually or cumulatively in consideration
of other reasonably foreseeable projects, it is the Planning Director's determination that
the project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15301(1)(1) & (4) of the CEQA
Guidelines. If this project is approved, a Notice of Exemption will be filed with the
County Clerk.
STAFF RECOMMENDATION
1) Approve the removal of 765 Walnut Street, 81 Charles Street, and a portion of
782 Moorpark Avenue; and
2) Award bid to V.A.0 Environmental and Demolition and authorize execution of the
Agreement, subject to final language approval by the Executive Director and
Agency General Counsel.
Attachment 1 — Agreement
Attachment 2 — Historic Resources Report
ATTACHMENT 1
CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK AND V.A.C. ENVIRONMENTAL AND DEMOLITION
CONTRACTORS FOR DEMOLITION SERVICES
THIS CONTRACT is made and entered into in the City of Moorpark on this
day of 2007, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "Agency,"
and V.A.C. Environmental and Demolition Contractors, hereinafter referred to as
"Contractor ".
RECITALS:
WHEREAS, on November 15, 2007, Agency invited bids for the demolition of 765
Walnut Street, 81 Charles Street, and a portion of 782 Moorpark Avenue; and
WHEREAS, pursuant to said invitation, Contractor submitted a Proposal which
was accepted by Agency for said project; and
NOW, THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this
Contract.
2. Term. The term of this Contract shall be from the date this Contract is made and
entered, as first written above, and shall be completed upon final acceptance of the
demolition project by the Agency and expiration of the guarantee period.
3. Incorporation by Reference. All bid documents, Public Contract Code Section
22300, Bidder's Proposal, General Conditions of the Contract for Construction, plans,
drawings, and specifications, required bonds and forms, and all applicable regulations
are hereby incorporated in and made a part of this Contract.
4. Precedence of Contract Documents. If there is a conflict between the Contract
documents then the document highest in precedence shall control. The precedence
shall be as provided in Section 2 -5.2 of the Greenbook.
5. Agency's Obligations. For furnishing all labor, material and equipment as
specified in this Contract, and for performing all work as specified in this Contract,
Agency will pay and Contractor shall receive therefore compensation in a total lump
sum of $65,000 dollars. Payments to the Contractor shall be made pursuant to the
following payment provisions and as incorporated herein.
Payments to the Contractor shall be made within thirty (30) days after submittal
of an approved payment request from the Contractor, proof of compliance with this
Contract, and Agency's acceptance of the work specified, and submittal of required
Page 1 of 6 t' 0 0 0 1 5
releases, payroll reports and other documents required by the payment schedule based
on work progress. All payments shall be subject to applicable retention requirements.
6. Obligations of the Contractor.
A. Contractor shall perform as required by this Contract. Contractor also warrants
on behalf of itself and all subcontractors engaged for the performance of this Contract
that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
7. Audit. Agency shall have the option of inspecting and /or auditing all records and
other written materials used by Contractor in preparing its billings to Agency as a
condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by Agency.
8. Indemnification. Except for the gross negligence or willful misconduct of an
Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and
agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency
and its Project Consultants, and Engineers, officers, agents, and employees
( "Indemnitees ") from and against any and all claims, charges, damages, demands,
actions, proceedings, losses, stop notices, costs, expenses (including counsel fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which
may be sustained or suffered by or secured against the Indemnitees arising out of or
encountered in connection with this Contract or the performance of the Work including
but not limited to, death of or bodily or personal injury to persons or damage to property,
including property owned by or under the care and custody of Agency, and for civil fines
and penalties, that may arise from or be caused, in whole or in part, by any negligent or
other act or omission of Contractor, its officers, agents, employees or Subcontractors
including but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of; in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees,
or Subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any
of the terms or conditions of this Contract or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
Page 2 of 6
(c1�,2
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Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of Agency under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless Agency for
liability attributable to the active negligence of Agency, provided such active negligence
is determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of Agency.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of Contractor in the performance of
this agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the
terms of this section.
Failure of Agency to monitor compliance with these requirements imposes no additional
obligations on Agency and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend Agency as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
agreement or this section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, AGENCY may, in its sole discretion, reserve, retain or apply any monies to
the Contractor under this Agreement for the purpose of resolving such claims; provided,
however, AGENCY may release such funds if the Contractor provides Agency with
reasonable assurance of protection of the Indemnitees' interests. Agency shall, in its
sole discretion, determine whether such assurances are reasonable.
9. Amendments. Any amendment, modification, or variation from the terms of this
Contract shall be in writing and shall be effective only upon written approval by Agency.
10. Anti - Discrimination. In the performance of the terms of this Contract, Contractor
shall not engage in, nor permit subcontractors to engage in discrimination in
employment of persons because of the age, race, color, religious creed, sex, sexual
orientation, national origin ancestry, physical disability, mental disability, medical
condition, or marital status of such persons. Violation of this provision may result in the
imposition of penalties referred to in Labor Code Section 1735.
Page 3 of 6 0 00101() 7
11. Apprenticeship. Contractor must comply with all provisions of Labor Code
Section 1777.5
12. Termination. If, during the term of this Contract, Agency determines that
Contractor is not faithfully abiding by any term or condition contained herein, including
the Contractor's refusal or failure to prosecute the work on any separate part thereof
with such diligence as will ensure it's completion within the time specified or any
extension thereof, Agency may notify Contractor in writing of such defect or failure to
perform. The notice must give to the Contractor a five (5) calendar day period of time
thereafter in which to perform said work or cure the deficiency. This includes, without
limitation, increasing the work force and speeding delivery of materials. If Contractor
has not performed the work or cured said deficiency within the five (5) days specified in
the notice, such failure shall constitute a breach of this Contract, and Agency may
terminate this Contract immediately by written notice to Contractor to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under this Contract except, however, any and all obligations of Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any
manner waived by the termination hereof. In said event, Contractor shall be entitled to
the reasonable value of its services performed from the beginning of the period in which
the breach occurs up to the day it received Agency's Notice of Termination, minus any
damages, including liquidated damages if so provided herein, occasioned by such
breach.
Agency reserves the right to delay any such payment, if any, until completion or
confirmed abandonment of the project, as may be determined in the Agency's sole
discretion, so as to permit a full and complete accounting of costs. In no event,
however, shall Contractor be entitled to receive in excess of the compensation quoted in
its bid without prior written approval of the Agency.
13. Insurance. Contractor shall maintain prior to the beginning of and for the duration
of this Agreement insurance coverage as specified in Exhibit A attached to and part of
this agreement.
14. This Contract shall constitute the complete Contract between the parties hereto.
No oral agreement, understanding, or representation not reduced to writing and
specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
15. It is expressly understood between the parties to this Contract that no
employee /employer relationship is intended; Contractor is an independent contractor.
16. Time of Performance and Liquidated Damages. Time is of the essence in this
Contract. The demolition project shall be completed no later than 20 working days
commencing from the dates shown in the Notice to Proceed to the Contractor. Failure of
the Contractor to complete the work within the time allowed will result in assessment of
Page 4 of 6
liquidated damages as provided by Section 6 -9 of the Greenbook.
17. Conflict of Interest. Neither Contractor nor any employees, agents or
subcontractors of Contractor who will be assigned to this project, to the best of
Contractor's knowledge, own any property or interest in properties, business
relationships, or sources of income which may be affected by the performance of this
Contract.
Should one party hereto learn of any such interest, income source, or business
relationship, such fact shall immediately be brought to the attention of the other party
hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the
conflict, Agency may terminate the Contract immediately for non - performance pursuant
to Section 12 herein.
18. Successors and Assigns. The terms hereof shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto; provided, however, that
no party hereto shall assign any of the benefits and burdens hereunder, whether
voluntarily or by operation of law, without the prior written consent of the other party,
and any such assignment without said consent shall be void.
19. Notices. All written notices required by, or related to this Contract shall be sent by
United States mail, postage prepaid by registered or certified mail addressed as listed
below. Neither party to this Contract shall refuse to accept such mail; the parties to this
Contract shall promptly inform the other party of any change of address. All notices
required by this Contract are effective on the day of receipt, unless otherwise indicated
herein. The mailing address of each party to this Contract is as follows:
AGENCY:
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Agency Contact:
Steven Kueny, Executive Director
CONTRACTOR:
V.A.C. Environmental and Demolition Contratctors
5150 Goldman Avenue, Unit B
Moorpark, CA 93021
Contractor Contact:
Sid Moreno
20. Governing Law. The Agency and Contractor understand and agree that the laws
of the State of California shall govern the rights, obligations, duties, and liabilities of the
Page 5 of 6
parties to this Agreement and also govern the interpretation of this Agreement.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County, California.
21. Authority to Execute Contract. Both Agency and Contractor do covenant that
each individual executing this Contract on behalf of each party is a person duly
authorized and empowered to execute Contracts for such party.
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A"
Exhibit "B ":
CONTRACTOR:
V.A.C. Environmental and Demolition
Contractors
Sid Moreno
Insurance Requirements
Bid Documents
Page 6 of 6 i; . ➢;�' Q
Exhibit "A"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to Agency in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to Agency.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in
addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits shall be no less than $1,000,000 per occurrence for all
covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
Coverage shall be applicable to Agency for injury to employees of Contractor's,
subcontractors or others involved in the project Policy shall be endorsed to provide a
separate limit applicable in this project
2. 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
for all covered losses. Contractor shall procure and maintain during the life of the
contract, worker's compensation insurance or a valid certificate of consent to self- insure
for all its employees engaged in or at the site of the project; and in case any of the work
is sublet, the Contractor shall require all subcontractors to similarly provide worker's
compensation insurance for all the latter's employees unless such employees are
covered by protection afforded by worker's compensation insurance carried by the
Contractor.
By submitting a bid pursuant to these specifications, Contractor hereby certifies that it is
aware of the provisions of Section 3700 et seq. of the Labor Code which require every
employer to be insured against liability for Worker's Compensation.
In the event the Worker's Compensation Insurance submitted by the contractor
becomes inoperative any time before the completion of the work, all work shall
immediately cease until a new policy is obtained and any time so lost shall not entitle
the Contractor to any extension of time. Certificates shall unequivocally provide at least
thirty (30) days written noticed by certified mail to the Agency prior to cancellation or
modification.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to
Agency for injury to employees of Contractor, subcontractors or others involved in the
Work. The scope of coverage provided is subject to approval of Agency following
receipt of proof of insurance as required herein. Limits are subject to review but in no
event less than $1,000,000 per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Best rating of A- or better
and a minimum financial size VII.
Contractor and Agency agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein
to include as additional insureds Agency, its officials, employees and agents, using
standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also
agrees to require all contractors, subcontractors, and any one else involved in any way
with the project contemplated by this agreement to do likewise.
2. Any waiver of subrogation express or implied on the part of AGENCY to any party
involved in this agreement or related documents applies only to the extent of insurance
proceeds actually paid. Agency, having required that it be named as an additional
6100-j"),12
insured to all insurance coverage required herein, expressly retains the right to
subrogate against any party for sums not paid by insurance. For its part, Contractor
agrees to waive subrogation rights against Agency regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in
any way with the project(s) contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by
Contractor pursuant to this agreement shall be endorsed to delete the subrogation
condition as to Agency, or to specifically allow Contractor or others providing insurance
herein to waive subrogation prior to a loss. This endorsement shall be obtained
regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and Agency that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of Agency or to the supervisory role, if any, of Agency. All insurance
coverage provided pursuant to this or any other agreement (express or implied) in any
way relating to Agency is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving Agency in relation to
the project(s) contemplated by this agreement is intended to be construed to limit the
application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted to
Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the Agency, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) which may affect Agency's protection without Agency's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of Agency, shall
be delivered to Agency at or prior to the execution of this Contract. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, Agency has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid by
Agency shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at Agency option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Agency and the
appropriate tender prior to cancellation of such liability coverage and notice of any
material alteration or non - renewal of any such coverage, and to require contractors,
subcontractors, and any other party in any way involved with the project contemplated
by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first and
on a primary non - contributing basis in relation to any other insurance or self insurance
available to Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it will
not allow any contractor, subcontractor, Architect, Engineer or other entity or person in
any way involved in the performance of work on the project contemplated by this
agreement to self - insure its obligations to Agency. If Contractor's existing coverage
includes a deductible or self- insured retention, the deductible or self - insured retention
must be declared to the Agency. At that time the Agency shall review options with the
Contractor, which may include reduction or elimination of the deductible or self- insured
retention, substitution of other coverage, or other solutions.
13. The Agency reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial additional
cost to the Contractor, the Agency will negotiate additional compensation proportional to
the increased benefit to Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity commences in
furtherance of performance under this agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of
Agency to inform Contractor of non - compliance with any insurance requirement in no
way imposes any additional obligations on Agency nor does it waive any rights
hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as Agency, or its
o 0 0 14
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. The insurance shall include but not be limited to products
and completed operations and discontinued operations, where applicable. Termination
of this obligation is not effective until Agency executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers' compensation
statute or similar statute, in relation to the Agency, and to require all subcontractors and
any other person or entity involved in the project contemplated by this agreement to do
likewise.
18. Requirements of specific coverage features are not intended as limitations on other
requirements or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be all- inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and superseded by
the requirements contained herein. These insurance requirements are intended to be
separate and distinct from any other provision in this agreement and are intended by the
parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to
provide a separate aggregate limit for the project that is the subject of this agreement
and evidencing products and completed operations coverage for not less than two years
after issuance of a final certificate of occupancy by all appropriate government agencies
or acceptance of the completed work by Agency.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge Agency or Contractor
for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to Agency. It is not the intent of Agency to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against Agency for payment of premiums or other amounts with respect
thereto.
22. Contractor agrees to obtain and provide to Agency a copy of Professional Liability
coverage for Architects or Engineers working on this project through Contractor. Agency
shall determine the liability limit.
I1 0 0:i-11 5
EXHIBIT B
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
Project Manual
and
Specifications
Demolition of Structures and
Site Clearing at 765 Walnut Street, 81 Charles Street, and a part of 782
Moorpark Avenue, Moorpark, California
Bid Due Date and time:
November 15, 2007 by 3:00 p.m.
Specification No. RDA -07 -003
TABLE OF CONTENTS
BIDDING, AGREEMENT FORMS, AND BONDS:
Notice Inviting Bids
* *Bid Forms:
Bid Proposal
Non - collusion Affidavit
Bid Bond
Compliance with Environmental, Health & Safety Standards
Workers' Compensation Insurance Certificate
Bidder's Statement of Subcontractors
Agreement and Bonds
Contract
Performance and Payment Bonds
Material Suppliers and Laborers
CONDITIONS OF THE CONTRACT:
General Conditions
TECHNICAL SPECIFICATIONS
** FORMS TO BE SUBMITTED WITH BID.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 2 of 57 a 0 0 017
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 765
WALNUT STREET, 81 CHARLES STREET, AND A PART OF 782 MOORPARK
AVENUE, MOORPARK, CA 93021
BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid
package. All blanks in the Bid Form must be filled in and all prices must be stated in
both words and figures. It is the sole responsibility of the bidder to see that the bid is
delivered to the proper place and received at the proper time. Any bid received after the
scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid
forms must be sealed and delivered before 3:00 p.m. on November 15, 2007 to the
following address (postmarks will not be accepted):
City Clerk's Office
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
NOTE: Please mark the outside of the envelope:
Sealed Bid for
Demolition Project — Multiple Properties
Moorpark, CA 93021
DO NOT OPEN WITH REGULAR MAIL
Bidders shall submit one complete set of the Bid Forms and all required
attachments. No proposal received after the time specified or at any place other than
the place stated above will be considered. All bids will be opened and declared publicly.
Bidders or their representatives are invited to be present at the opening of the bids.
No individual or business entity of any kind shall be allowed to make or file, or to be
interested in more than one bid, except an alternative bid when specifically requested.
An individual or business entity which has submitted a sub - proposal to a bidder
submitting a proposal, or who has quoted prices on materials to such bidder, is not
thereby disqualified from submitting a sub - proposal or from quoting prices to other
bidders submitting proposals.
A bidder may withdraw the proposal, without prejudice prior to the time specified for the
bid opening, by submitting a written request to the Agency for its withdrawal, in which
event the proposal will be returned to the bidder unopened. Changes in or additions to
the Bid Form, recapitulations of the work bid upon,
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 3 of 57 000 1018
Instructions to Bidders (continued)
alternative proposals, or any other modification or deviation of the Bid Form which is not
specifically called for in the Contract Documents may result in the Agency's rejection of
the bid as being non - responsive. Non - substantial deviations may be permitted provided
that the bidder submits a full description and explanation of, and justifications for, the
proposed deviations. Final determination of any proposed deviation will be made solely
by the Agency.
BID FORMS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for
an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that
the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance
and will prepare the required submittal documents and execute the contract. The Bid
Bonds for those bids that were not selected will be returned to the Bidders upon
execution of the contract by the selected contractor and the Agency.
The bidder to whom award is made shall execute a written contract with the Agency
within ten (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
Agency and incorporated in these specifications. The bidder warrants that he /she
possesses, or has arranged through subcontracts, all capital and other equipment, labor
and materials to carry out and complete the work hereunder in compliance with all
applicable Federal, State, Agency, and Special District laws, ordinances, and
regulations.
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited; and an award may be made to the next
lowest responsible bidder who shall fulfill every term and condition of the bid as if
he /she were party to whom the first award was made.
BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the
plans or specifications or have any questions concerning the bidding documents or
proposal forms contact the Agency's Project Representative:
Jessica Sczepan, Administrative Specialist
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517 -6225
Please do not call other staff members or consultants. If a prospective bidder is in doubt
or has any questions as to the true meaning or intent of any part of the Bid package, or
discovers discrepancies, errors, or conflicts, or
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 4 of 57
Instructions to Bidders (continued)
omissions, he /she may submit, to the above Project Representative, a written request
for an interpretation or a correction thereof. Interpretations or corrections shall be made
only by addendum duly issued by the Agency. A copy of such addendum will be mailed
or delivered to each person receiving a set of the Contract Documents and such
addendum shall be considered a part of, and incorporated in, the Contract Documents.
Questions must be received in sufficient time for the Agency to evaluate the question(s)
and respond at least 72 hours prior to the bid deadline. If the Agency cannot answer the
question in the 72 hour time period, the bid deadline will be extended in order to allow
for sufficient time for other potential bidders to respond to the change in the bid.
All timely requests for information (regarding the bid) submitted in writing will receive a
written response from the Agency. Telephone communications with Agency Staff, other
then as outlined above, will not be permitted. Any oral communication shall not be
binding on the Agency.
BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as
lump sum prices and must be entered in figures in the spaces provided on the Bid
Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission
Form(s) must be totally completed. Unit prices, if applicable, should be added as
Appendix A and are to be used only for changes to the contract.
EVALUATION OF BIDS AND AWARD: The Agency reserves the right to retain all bids
for a period of 90 calendar days for examination and comparison, and to delete or add
any alternates to /from the contract. Bidders shall guarantee the bid prices for said 90
day period to facilitate Agency evaluation of the bids. Each bidder shall meet all of the
specifications and bid terms and conditions. By virtue of the bid submission and
acceptance of the bid award, the bidder acknowledges full understanding of, and
agreement with, and acceptance of all provisions of the plans, specifications and
contract documents. The Agency reserves the right to waive non - substantial
irregularities in any bid, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that the bids are qualified by specific
limitations given by the Agency, and to make award to the lowest responsible bidder as
the interest of the Agency may require.
In addition to the information required by the bid documents, the Agency may request
evidence from a bidder, whose bid is under consideration for award, reasonable
evidence showing that bidder's financial resources, construction experience, and
organization and plant facilities are sufficient for performance of the contract.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 5 of 57
r .V L; i, A.
BID PROPOSAL
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
MOORPARK, CALIFORNIA
Demolition of Structures and Appurtenances at 765 Walnut Street, 81 Charles Street,
and a part of 782 Moorpark Avenue, Moorpark, California
Bids To Be Received - November 15, 2007 by 3:00 p.m.
V.A.C. Environmental & Demolition Contractors
CONTRACTOR
Name Sid Moreno
Street Address 5150 Goldman Ave., Unit B, Moorpark
AGENCY NIA
State CA Zip Code
93021
Telephone Number (805)523-8894 * 667016 + B ASB, C21
Contractor's License No * Class —+ , Expiration Date 03/31/2009
The undersigned swears under penalt of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder
Title
BID SCHEDULE:
It is understood that the lump sum bid includes without limitation, all appurtenant expenses,
permits, taxes, royalties, and fees associated with the work described within these bid
documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE
CONTRACT.
1. 765 Walnut Street Lump Sum Base Bid ($_
2. 782 Moorpark Avenue Lump Sum Base Bid ($_
3. 81 Charles Street Lump Sum Base Bid ($_
Total Lump Sum Base Bid (all properties): ($
21,666.00
21,666.00 OtA-�
21,666.00
65,000.00
Sixty -five Thousand Dollars- - - - - -- dollars and
I — r
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
zero
Cents )Y
Bid Package
Page 6 of 57
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Number of working days for completion
20
Bid Due DatefTime: November 15, 2007 by 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the Redevelopment Agency of the City of Moorpark to perform the Work as specified or
indicated in said Contract Documents entitled: Demolition of structures and appurtenances at
765 Walnut Street, 89 Charles Street, and a part of 782 Moorpark Avenue, Moorpark, CA.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
into a Contract within the time and in the manner as is required in the Notice Inviting Bids and
will furnish the insurance certificates and Bonds as required by the Contract Documents.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged),
Bid Addenda Number: i Date: If* I t 4 10`7
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: V-,-k--Ca environmental & Demolition Contra
By: \1 v v
(Sig Authoriz Repr en e)
Title: Project Manager Dated:
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 7 of 57
y '
NON - COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF ) SS.
AGENCY OF
Sid Moreno being first duly sworn, deposes and says that he /she is
Proj ect Manager of V.A.C. the party making the foregoing bid; that the
bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
V.A.C. Envir nm tpt2 & Demolition
Name of Bidder Nam i der /" Contractors
Signature of Bidder Sig uretft Bid er
5150 Goldman Ave. Unit B, Moorpark
Address of Bidder CA 93021
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
Bid Package
Page 8 of 57
CALIFORNIA
(rit *t1�
tjl rr: tt'
k a rt
l
J1,
ALL-
PURPOSE
t,
rrl
ACKNOWLEDGEMENT
STATE OF CALIFORNIA >
r
COUNTY OF �i �• �� ,,^i, I
r
On �iti C r��.�`� �, �iti� before me, ` t LNLYI� Pt lr�
DATE NAME, TITLE OF OFFICER E.G.. JANE DOE, NIDTARY PUBLIC"
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/
they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNE S my hand and offi 'a seal.
4 AL 1493588
1C 1 CAIJFOR►MR A COUNTY
(SE J�JLY 1, 2008
SIGNATURE
a OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT I\, - k-X .' -
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
i
Bond No. VENAS -003
BID BOND
(in lieu of certfed or cashiers check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
Lincoln General
That we Ventura Asbestos Control, Inns Principal, and Insurance Company
as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment
Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be
paid to said Agency if the Proposal shall be accepted and the Principal shall fail to
execute the contract tendered by the Agency within the applicable time specified In the
Bid Temps and Conditions, or fails to famish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, In case suit Is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is herby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this 13th day of November 20 07
Contractorv"tura Asbestos Control, Inc.
By
Title '
By
Title
Lincoln General
Surety Insurance Company .t
By
Ran y Spohn, A•toruly -In -Fact
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page .9 of 67
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN* BY THESE PRESEN'rs; That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Randy Spohn, Matthew R. Dobyns
Its mte and lawful Attorneys) -in -Fact to sign. scat and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature, and to bind it thereby as fully and to the same extent as if such instruments were signed
by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby
ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, scaled and norarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of L.inculn General Insurance Company on the 4'h day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorneys) -in -Fact to date, execute sign, seal and deliver on behalf of the Company, Fidelity and surety bonds, undettakingx, and
other similar contracts of suretyship, and any related dneUmenls.
RESO.VED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying.
IN WITNESS WHEREOF. Lincolr, General Insurance Company has caused its corpoiate seal to be affixed and these presents to
be signed by its duly authorized officers this 15`h day of October, 2004. `�Wta "' "'" +w,+
rya L FNS u
—z, 1977 0
ti'�r.'rc'tarr 1'resiilen %'fij..........
•'tag:
Or. this Yh day of October, 2004. befor ^. me personally came John T. Clark, to me known. who being duly sworn, did depose
and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of ;aid Company; and that he executed the said instrument by like order and authority and the same was his tree act and decd.
The Commonwealth of Pennsylvania
York County NOTARA. UAL
RENEE l KRTJACSY'
Notary Pubttc
YORK CtIY,YORK COUNTY —
My ComwAulon Expires Oct 29, 2008
'1
1, Gary J. Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsy!vania do
here'oy certify that the above and foregoing is a full, true and correct copy of Powcr of Attorney issued by said Company, and of
the whole of the original and that the said Powcr of .Attorney is still in full force and effect and has not been revoked. and
furthenrtore that the Resoiution of the Board of Directors, set forth; :n the said Powcr of .kuorr.ey is no:c in furcc.
IN VvTTNE'SS WHEREOF. I have hereunto set nly�l �d and affnscd the seal of said Company, at York. Pennsylvania, this
13th ;ray of November `ZZ v
p t i u 11111111,11/f,
\ V I N S Ij
s =�:• � QORA7fS '••yam � - _- - -- -- - -_-- - - - - --
" 1977 � �."� sec•,: rr,vZ
�1
2, err. L.
V
CALIFORNIA ALL- PURPOSE ACh'NOWLEDGINIETN'T
State of CALIFORNIA
County of ORANGE
n �
On before me, E rika Guido, NOTARY PUBLIC ,
personally appeared RANDY SPOHN
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their signatures) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
ERIKA GUIDO
COMM. N 1576135
NOTARY PMUC CAUFORN p
ORANGEOOIi WITNESS my hand and official seal.
My comm. expires htsy 5, 2000
A
i
Signature o 'otary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
FORM TO ACCOMPANY BID BOND
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
COUNTY OFVVc'A1-^`- ) SS.
CITYOFKv.;re,,A- n/f riF +e Q
On this /day /vL' /��- of �?�rn(,1.� 20_7
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared /Z-A D 2 A10
known to be the S of 1z.0 and the same
person whose name is subscribed to the within instrument as the of
said cz.) +yc,h 9 and the said �`,,,� -, duly
acknowledge to me that he /she subscribed the name of 11 +s
thereto as surety and his /her own as L
IN WITNESS WHEREOF, I have hereunto set my hand and affixed nN official
seal the day and year in the certificate first above written.
i
IISE S. GR L
COMM. =1493SS8
10"M PV" • CALW OMA
%tvn couf TY •
corm. E�Ip. JULY 1, 20011
Not^ P-ObRic in and for said
County and State aforesaid
If certified or cashier's check is submitted herewith, state number
and amount $
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
Bid Package
Page 10 of 57
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of
similar work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's
License (B or C -21) at the time the bid is submitted to the City, and must have
satisfactorily completed at least three Southern California projects in the last five years
of comparable size to the scope of this project.
Number of years engaged in providing the work included within the scope of the
specifications under the present business name: 16 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: Smith Electric Service
Contact Individual: Dane Austin Phone No. ( 805) 922 -6243
Address: 2335 Meredith Ln. Santa Monica CA 93455 -1143
Contract Amount: 165,000.00 Year: 2007
Description of work done:
Asbestos abatement & demolition, UCSB Noble Hall
Reference No. 2
Customer Name: Kahromic Contracting Inc.
Contact Individual: Vartkes Tomassian Phone No. (818) 247 -2420
Address: 611 Harvard St, Glendale, CA 91204
Contract Amount: $165,000.00 Year: 2007
Description of work done:
Asbestos and lead abatement & demolition, Pierce College
O1 Book Shop.
Reference No. 3
Customer Name: Viola Inc.
Contact Individual: Keith Abrahamson Phone No. ( 805) 487 -3871
Address: 1144 Commercial Ave. Oxnard, CA 93031
Contract Amount: $193,000.00 Year: 2007
Description of work done:
Asbestos abatement, San Marcos High School
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 11 of 57
-..rsc. .
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF Ventura
lam the Project Manager
OfV.A.0 Environmental & Demo
Contractors 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
believe it to be true.
Executed on (Ju 5/7J L at Moorpark California.
.' (date) I (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
S nature of Bidder
Project Manaaer
Title
Signature of Bidder
Title
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
Bid Package
Page 12 of 57
V 0 � � � 0
COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti - smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time Agency issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, Agency may give notice of default to
Contractor, and at the Agency's option, elect any and all rights or remedies set forth in
this agreement.
Approved by Contractor:
Date f / /� ✓� /
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 13 of 57
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 pwfolmance of the work of this contract."
M
Title: Pfi5J ect Manager
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
Date: t,1611d/f
Bid Package
Page 14 of 57
J::, ,, 4j
BIDDER'S STATEMENT OF SUBCONTRACTORS
AND MATERIAL FABRICATORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractor's who will perform more than 1/2% the value
of the total lump sum bid amount.
PLEASE PRINT LEGIBLY
Name Under Which
Subcontractor is License
Licensed No.& Class
Type of
Business Address Work
Patriot Environmental 20609 Placerita
Services Inc.
Canyon Rd.
Santa Clarita,
CA 91321
Waste
Disposal
Percent
work to
be done'
5%
Total Percentage 2 5%
l
Sign re(s) of IN dder Date
' Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
Bid Package
Page 15 of 57
t "vd) `v2
PAGE 16 -26
ARE THE CONTRACT DOCUMENTS
AND HAVE BEEN REMOVED FROM THE
BID DOCUMENTS SO AS NOT
TO BE DUPLICITOUS
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as "Contractor" as principal,
and hereinafter referred to as "Surety," are held and
firmly bound unto the Redevelopment Agency of the City of Moorpark, California,
hereinafter referred to as "Agency ", or "Obligee" in the sum of
Dollars ($ ), lawful money of
the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract with the Redevelopment Agency of the City of Moorpark, California, for
demolition and site clearance at 765 Walnut Street, 81 Charles Street, and a part of 782
Moorpark Avenue, and is required by said City to give this bond in connection with the
execution of said Contract.
NOW, THEREFORE, if the said Contractor shall well and truly do and
perform all the covenants and obligations of said Contract to be done and performed at
the time and in the manner specified herein, then this obligation shall be null and void
one year after date of recordation of Notice of Completion by City of the completed work
and expiration of the guarantee period, whichever is later; otherwise it shall be and
remain in full force and effect, and Surety shall cause the Contract to be fully performed
or to pay to obligee the cost of performing said Contract in an amount not exceeding the
said sum above specified, and shall also, in case suit is brought upon this bond, pay to
obligee court costs and a reasonable attorney's fee, to be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this day of
Contractor
Title
Surety
Moorpark Redevelopment Agency
Structure Demolition - Multiple Properties
in
19.
Bid Package
Page 27 of 57
FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day
of
20
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
known to be the of
person whose name is subscribed to the within instrument as the
said
and the said
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
and the same
of
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 28 of 57 _
...k.t �
BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter
referred to as "Contractor" as principal, and
hereinafter referred to as "Surety," are held and firmly bound unto the
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
hereinafter referred to as "City" in the sum of
Dollars ($ ), lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, jointly and
severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract for the demolition and site clearance at 765 Walnut Street, 81 Charles Street,
and a part of 782 Moorpark Avenue, and is required by Agency to give this bond in
connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 3181 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated six (6) months after the date of recordation of the
Notice of Completion by the City and only with the City's written permission. However,
Bond shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 29 of 57
t ; or;
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of , 19
Contractor
:,
Title
In
Title
Surety
:M
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 30 of 57
% ; I . 04
FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 1 20 ,
undersigned, a Notary Public in and for said County and State,
commissioned and sworn, personally appeared,
the of and the said
acknowledged to me that subscribed the name of
hereto as Surety and own as
before me, the
residing herein, duly
known to be
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 31 of 57
4 T L i. 4
i ; '0 Jti
GENERAL CONDITIONS TO THE CONTRACT FOR
CONSTRUCTION
The General Conditions may be supplemented or amended elsewhere in the Contract
Documents and other sections of the Project Manual. All provisions which are not so
amended or supplemented remain in full force and effect.
Except as hereinafter provided, the provisions of the latest edition of the Standard
Specifications for Public Works Construction (SSPWC), and all supplements thereto,
prepared and promulgated by the Greenbook Committee of Public Works Standards
Inc., formerly the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of America, and the following modifications
thereto are established as the Standard Specifications for the City. They will be referred
to in the General Conditions and contract documents as the "Greenbook ". These
specifications will prevail as the basic Standard Specifications for this project except as
otherwise specifically noted in the General Conditions when reference is made to the
State Standard Specifications.
Contractor agrees that if there is a conflict between the documents, or a conflict,
repetition, or ambiguity within any of the documents, the Agency shall be the sole
person to decide which document or provision shall govern, to the interest of the
Agency.
The Agency will make the final decisions based on the recommendations of the
Agency's designated Project Representative. Jessica Sczepan, Administrative
Specialist is the Agency's project representative assigned to this project and will act as
directed by and under the supervision of the Redevelopment Manager.
In the attached, "Agency," and "Owner" shall refer to the Redevelopment Agency of the
City of Moorpark, Moorpark, California.
ARTICLE 1
GENERAL CONDITIONS
1.1 BASIC DEFINITIONS
1.1.1 The Contract represents the entire and integrated Agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract shall not be construed to create a contractual relationship of any
kind (1) between the Agency and a Subcontractor or supplier or (2) between any
persons or entities other than the Agency and Contractor.
1.1.2 The term "work" means the construction and services required by the Contract
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 32 of 57
Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The work may constitute the whole or part of the project.
1.1.3 The "project" is the total construction of the work performed under the Contract
Documents and may be the whole or a part which may include construction by other
Contractors and by the Agency's own forces including persons or entities under
separate contracts not administered by the Agency.
1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever
located and whenever issued, showing the design, location and dimensions of the work,
generally including plans, elevations, sections, details, schedules, and diagrams.
1.1.5 The "specifications" are that portion of the Contract consisting of the written
requirements for materials, equipment, construction systems, standards and
workmanship for the work, and performance of related services.
1.1.6 The Project Manual is the volume assembled for the work which includes without
limitation, the bidding requirements and documents, the proposal, sample forms, the
contract and conditions of the Contract.
1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by
reference comprise the contract documents.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Agency and Contractor as
provided in the Contract. Contractor shall initial all pages of the Contract Documents.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site, become familiar with local conditions under which the work is to be
performed and correlated personal observations with requirements of the Contract and
agrees to all terms and conditions of the contract documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the work by the Contractor. THE CONTRACT
DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL
BE BINDING AS IF REQUIRED BY ALL.
1.2.4 Organization of the specifications into divisions, sections and articles, and
arrangements of drawings shall not control the Contractor in dividing the work among
Subcontractors or in establishing the extent of work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract, words which have well -known technical
or construction industry meanings are used in the Contract in accordance with such
recognized meanings.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 33 of 57
4 V 0 ".x 0
1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are (1)
specifically defined and (2) the titles of numbered articles and identified references to
Paragraphs, Sub - paragraphs and Clauses in this document.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract frequently omits modifying words such as
"all" and "any" and articles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Agency is the person or entity identified as such in the Contract and is
referred to throughout the Contract as if singular in number. The terms "Agency" and
"Owner" mean the Redevelopment Agency of the City of Moorpark, and it is the owner.
2.1.2 The Agency upon reasonable written request shall furnish to the Contractor in
writing information which is necessary and relevant for the Contractor to evaluate, give
notice or enforce claim rights.
2.2 INFORMATION AND SERVICES REQUIRED BY THE AGENCY
2.2.1 Information or services under the Agency's control shall be furnished by the
Agency with reasonable promptness to avoid delay in orderly progress of the work.
2.2.2 As necessary, the Agency shall forward all communications to the Contractor
through the fax and /or first class mail, personal delivery, or overnight delivery service.
2.3 AGENCY'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct work which is not in accordance with the
requirements of the Contract, in the required time frames, or persistently fails to carry
out work in accordance with the Contract, the Agency, by written order signed
personally or by an agent specifically so empowered by the Agency in writing, may
order the Contractor to stop the work, or any portion thereof, until the cause for such
order has been eliminated; however, the right of the Agency to stop the work shall not
give rise to a duty on the part of the Agency to exercise this right for the benefit of the
Contractor or any other person or entity. These remedies are supplemental to remedies
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 34 of 57
0001041 IL
found elsewhere in the Contract.
2.4 AGENCY'S RIGHT TO CARRY OUT THE WORK
2.4.1 Notwithstanding other remedies available to the Agency, if the Contractor defaults
or neglects to carry out the work in accordance with the Contract and fails within a ten
calendar day period after receipt of written notice from the Agency to commence and
correct such default or neglect with diligence and promptness, the Agency, at its sole
option and without obligation, may, with their own or outside forces, correct such
deficiencies. In such case an appropriate deduction shall be made by the Agency
payments then or thereafter due the Contractor the cost of correcting such deficiencies,
including compensation for the Agency's additional services and expenses made
necessary by such default, neglect, or failure. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Agency. This remedy is cumulative. The Agency may terminate
pursuant to section 12 of the contract.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the Contract and is
referred to throughout this Contract as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under conditions of the Contract that are administered by the Agency, and
that are identical or substantially similar to these conditions.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 In addition to other investigations required by the contract documents, the
Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to Agency Staff at once.
3.2.2 The Contractor shall perform the work in accordance with the Contract.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 35 of 57
�t
construction means, methods, techniques, sequences and procedures, and all safety
requirements for coordinating all portions of work under this Contract, subject to overall
coordination of the Construction, and subject to overall coordination by Agency Staff as
provided in Subparagraphs 4.2.3.
3.3.2 The Contractor shall be responsible to the Agency for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other
persons performing portions of the work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the work in
accordance with the Contract either by activities or duties of Agency Staff in the
administration of the Contract, or by tests, inspections or approvals required or
performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the project related to the Contractor's
work in order to determine that such portions are in proper condition to receive
subsequent work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the work.
3.5 TAXES
3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or
portions thereof provided by the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet effective or merely scheduled to
go into effect.
3.6 PERMITS, FEES AND NOTICES
3.6.1 The Contractor shall secure and pay for all necessary permits required for the
proper execution and completion of the work in this contract, including a City of
Moorpark Business Registration Permit, which can be obtained from the Community
Development Department.
3.6.2 The Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on performance of the
work.
3.6.3 If the Contractor performs work knowing it to be contrary to laws, statutes,
ordinances, building codes, and rules and regulations, the Contractor shall assume full
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 36 of 57
��i a f; Al :
responsibility for such work and shall bear the attributable costs to remove, correct
and /or otherwise comply with the law.
3.7 ALLOWANCES
Not used.
3.8 CONTRACTOR'S SUPERVISION /SUPERINTENDENT
3.8.1 The Contractor shall employ a competent superintendent and necessary
assistants who shall be in full time attendance at the project site during performance of
the work. They shall have extensive experience in projects similar to this one. The
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly
confirmed on written request in each case. The Contractor shall give efficient
supervision to work, using his /her best skill and attention. He /she shall carefully study
and compare all drawings, specifications and other instructions and shall at once report
to Agency Staff any error, inconsistency or omission which he /she may discover.
3.9 CONTRACTOR'S CONSTRUCTION SCHEDULE
3.9.1 The Contractor, promptly after being awarded the Contract, shall submit
Contractor's construction schedule for the work. Such schedule shall not exceed time
limits current under the Contract, shall be revised at appropriate intervals as required by
the contract documents, conditions of the work and progress. The construction schedule
shall provide for expeditious and practicable execution of the work and shall show
procurement and submittals. See specifications for further requirements regarding
construction schedule.
3.9.2 The Contractor shall cooperate with the Agency in scheduling and performing the
Contractor's work to avoid conflict, delay in, or interference with the work of other
Contractors or the construction or operations of the Agency's own forces.
3.9.3 The Contractor shall prepare and keep current, for Agency staff approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule
and allows for a reasonable time for review. Contractor shall also keep current a
Request for Information (RFI) schedule and reply record.
3.10 USE OF SITE
3.10.1 The Contractor shall confine operations at the site to areas permitted by law,
ordinances, and permits and shall not unreasonably encumber the site with materials or
equipment.
3.10.2 The Contractor shall coordinate their operations with, and secure the approval of,
the Agency before using any portion of the site.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 37 of 57
3.11 ACCESS TO WORK
3.11.1 The Contractor shall provide the Agency access to the work in preparation and
progress wherever located.
3.12 ROYALTIES AND PATENTS
3.12.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the Agency harmless from the loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or
product of a particular manufacturer is required by the Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 AGENCY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the Agency may be assigned to the
work. His /her duties shall be defined by the Agency.
4.1.2 The designated Agency Project Representative or entity is identified as such in the
Contract and is referred to throughout the Contract as if singular in number. The
designated staff person will act as directed by and under the supervision of the
Redevelopment Manager, and will confer with the Redevelopment Manager and Agency
regarding its actions.
4.1.3 The Agency's Project Representative shall have full access to all operations
involving work under this Contract and shall be provided reasonable advance notice of
the time and place of operations which he /she desires to observe.
4.1.4 All work shall be under observation of the Agency's Project Representative. They
shall have free access to any or all parts of work at any time. The Contractor shall
furnish Agency reasonable facilities for obtaining such information as may be necessary
to keep them fully informed respecting progress and manner of work and character of
materials. Observation of work shall not relieve the Contractor from any obligation to
fulfill this Contract. The Executive Director shall have authority to stop work whenever
provisions of the Contract are not being complied with and the Contractor shall instruct
his /her employees accordingly.
4.1.5 Duties, responsibilities and limitations of authority of Agency's Representative as
set forth in the Contract shall not be restricted, modified or extended without written
consent of the Agency and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the Agency
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 38 of 57
shall appoint a staff person whose status under the Contract shall be that of the former
staff, respectively.
4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 The Agency's project representative will provide administration of the Contract as
described in the Contract under the direction of the Redevelopment Manager, and will
advise the Agency during construction, until all contractual obligations are completed
and contract performed or terminated. The Representative will advise and consult with
the Agency and will have authority as stated in the Contract, unless otherwise modified
by written instrument in accordance with other provisions of the Contract.
4.2.2 The Agency's Project Representative will determine that the work is being
performed in accordance with the requirements of the Contract, will keep the
Redevelopment Manager informed of the progress of the work, and will endeavor to
guard the Agency against defects, deficiencies in the work and slow progress.
4.2.3 The Agency's Project Representative will provide for coordination of the activities
of other Contractors and of the Agency's own forces with the work of the Contractor,
who shall cooperate with them. The Contractor shall participate with other Contractors
and the Agency in reviewing their construction schedules. The Contractor shall make
any revisions to the construction schedule deemed necessary after a joint review and as
required by the contract documents. The construction schedules, until subsequently
revised, shall constitute the schedules to be used by the Contractor, other Contractors,
and Agency.
4.2.4 The Agency's Project Representative will not have control over or charge of and
will not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, since
these are solely the Contractor's responsibility as provided in Paragraph 3.3, and
neither will be responsible for the Contractor's failure to carry out the work in
accordance with the Contract. The Agency will not have control over or charge of or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
4.2.5 The Contractor shall communicate directly with the Agency. Communications by
and with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the Agency's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. Agency staff will assemble the Contractor's application for payment into
a project application and request for payment.
4.2.7 Based on the Agency's observations and evaluations of Contractor's applications
for payment, the application will be processed. Final approval for payment rests with the
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 39 of 57
A • . ' !
Executive Director.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money, and
extension of time or other relief with respect to the terms of the Contract. The term
"claim" also includes other disputes and matters in question, between the Agency and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate claims shall rest with the party making the
claim. An unresolved claim is an unresolved dispute.
4.3.2 Time Limits on Claims. Claims by either party must be made within 14 calendar
days after occurrence of the event giving rise to such claim or within 14 days after the
claimant first recognizes the condition giving rise to the claim, whichever is later. Claims
must be made by written notice. An additional claim made after the initial claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner.
4.3.3 Continuing Contract Performance. Pending final resolution of a claim, answer on
change order request, or unresolved dispute, unless otherwise agreed in writing, the
Contractor shall proceed diligently with performance of the work and contractual
obligations and the Agency shall continue to make agreed upon payments in
accordance with the Contract. (Also see 4.3.5)
4.3.4 Claims for Additional Cost. If the Contractor wishes to make a claim for an
increase in the contract lump sum, written notice as provided herein shall be given
before proceeding to execute the work as required. Prior notice is not required for
claims relating to an emergency endangering life or property arising under Paragraph
9.3. If the Contractor believes additional cost is involved for reasons including but not
limited to, (1) an order by the Agency to stop the work where the Contractor was not at
fault, (2) a written order for a minor change in the work issued by the Representative ,
(3) failure of payment by the Agency, (4) termination of the Contract by the Agency, (5)
or Agency's suspension of work, claims shall be filed in accordance with the procedure
established herein.
4.3.5 Claims for Additional Time.
4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the
Contract, written notice to the Agency, shall be given by the Contractor. The
Contractor's claim shall include an estimate of probable effect of delay on progress of
the work. In the case of a continuing delay only one claim is necessary.
4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such
claim shall be documented in writing substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
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that weather conditions had an adverse effect on the scheduled construction. Payment
for general condition items, overhead, and profit shall not be made for additional time
granted for adverse weather conditions, vandalism, casualty loss and /or material
availability. Contractor expressly waives any rights to such claims. Contractor must
have provided required erosion control and access protection as a requirement to
making claims for extension of time because of adverse weather conditions.
4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be
granted unless contractor specifically requested (in writing) permission to work and was
granted such permission by the Agency. If rain is predicted when the request to work is
received by the Agency, the request to work will be rejected, unless the work is inside
and protected access is in place.
4.3.5.4 At no time shall the workload of material manufacturers be considered a reason
to claim "inability to obtain materials" for purposes of requesting a time extension.
4.3.6 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party
is legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 2 days after initial
observance or notification. The notice shall provide sufficient detail to enable the other
party to investigate the matter.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Agency will review claims and disputes, with the Executive Director, and take
one or more of the following preliminary actions within ten days of receipt of a claim: (1)
request additional supporting data from the claimant, (2) submit a schedule to the
parties indicating when they expect to take action, (3) recommend rejecting the claim in
whole or in part, stating reasons for rejection, (4) recommend approval of the claim by
the other party or (5) suggest a compromise. The Agency may, but is not obligated to,
notify the surety, if any, of the nature and amount of the claim.
4.4.2 If a claim has been resolved, the Agency will notify the parties in writing of the
resolution.
4.4.3 An unresolved claim is an unresolved dispute.
4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days
after the Agency's preliminary response, take one or more of the following actions: (1)
submit additional supporting data requested, (2) modify the initial claim, (3) notify the
Agency that the initial Claim stands, or (4) withdraw the claim.
4.4.5 Contractor, in the event of any dispute or controversy with the Agency over any
matter whatsoever, shall not cause any delay or cessation in or of work, but shall
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proceed with the performance of the work in dispute. This includes disputed time
extension requests and prices for changes.
4.4.6 The disputed work will be categorized as an "unresolved dispute" and payment, if
any, shall be as later determined by mutual agreement or a court of law. Contractor will
keep accurate, detailed records on all disputed work, claims and other disputed matters
and submit same to Agency. Public Contract Code 20104 et. seq., shall govern the
claim procedure.
4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for
time extension, or any other type of claim, later than as required by paragraph 4.3.2
unless the Agency agrees in writing to allow such reservation.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5. 1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the work at the site. The term "Subcontractor" is referred to
throughout the Contract as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or Subcontractors of other Contractors. A Subcontractor shall
be considered an employee of the Contractor and the Contractor shall be responsible
for his /her work.
5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with
a Subcontractor to perform a portion of the work at the site. The term "Sub -
subcontractor" is referred to throughout the Contract as if singular in number and means
a Sub - subcontractor or an authorized representative of the Sub - subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 All contracts between the general Contractor and its subcontractors and suppliers
shall include a provision that the subcontractors and suppliers shall be bound to the
Contractor to the same extent that the Contractor is bound to the Agency by all terms
and provisions of the Contract, and shall incorporate the contract by reference into all
subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor
shall be as fully responsible to the Agency for acts and omissions of Subcontractor and
of persons either directly or indirectly employed by Subcontractor, as he /she is for acts
and omissions of persons directly employed by himself /herself. Nothing contained in the
Contract shall create any contractual relation between any Subcontractor and the
Agency.
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5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the Agency, the names of persons or entities including those who are to
furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The Agency's consent to or approval of any Subcontractor under this Contract
shall not in any way relieve the Contractor of his /her obligations under this Contract and
no such consent or approval shall be deemed to waive any provision of this Contract.
5.2.4 The Contractor shall not contract with a proposed person or entity to whom the
Agency has made reasonable and timely objection. The Contractor shall not contract to
any unlicensed or uninsured Subcontractor or supplier.
5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the Agency makes reasonable objection to such change. Substitution or
addition shall be permitted only as authorized in Chapter 2 (commencing at Section
4100) Division 5, Title 1 of California Government Code.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Each subcontract agreement shall preserve and protect the rights of the Agency,
under the Contract with respect to the work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by
this Contract, has against the Agency. Where appropriate, the Contractor shall require
each Subcontractor to enter into similar agreements with Sub - subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution
of the subcontract agreement, copies of the Contract to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract. Subcontractors shall similarly make copies of applicable portions of
such documents available to their respective proposed Sub - subcontractors.
5.4 MUTUAL RESPONSIBILITY
5.4.1 The Contractor shall afford the Agency's own forces and other Contractors
reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Agency.
5.4.2 If part of the Contractor's work depends for proper execution or results upon
construction or operations by the Agency's own forces or other Contractors, the
Contractor shall, prior to proceeding with that portion of the work, promptly report to the
Agency apparent discrepancies or defects in such other construction that would render
it unsuitable for such proper execution and results. Failure of the Contractor to report
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these discrepancies and defects shall constitute an acknowledgment that the Agency's
own forces or other Contractors' completed or partially completed construction is fit and
proper to receive the Contractor's work.
5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the Agency
or other Contractors.
5.4.4 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the provisions of Paragraph 4.4.
5.5 AGENCY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the Agency as to
the responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the Agency may clean up and
allocate the cost among those responsible as the Agency determines to be equitable.
ARTICLE 6
CHANGES IN THE WORK
6.1 CHANGES
6.1.1 Changes in the work may be accomplished after execution of the Contract, and
without invalidating the Contract, by change order, construction change directive or
order for a minor change in the work, subject to the limitations stated in this Article 6
and elsewhere in the Contract.
6.1.2 A change order shall be based upon prior written agreement among the Agency,
and Contractor; a construction change directive requires prior written agreement by the
Agency and may or may not be agreed to by the Contractor; an order for a minor
change in the work may be issued by the Agency. Final approval for all change orders
rests with the Agency. The Agency's Executive Director is the final approving authority.
6.1.3 Changes in the work shall be performed under applicable provisions of the
Contract, and the Contractor shall proceed promptly, unless otherwise provided in the
change order, construction change directive or order for a minor change in the work.
6.1.4 All requests for changes and time extensions must be made on change order
request forms with detailed backup and substantiated reasons. Letter requests are
unacceptable and will be returned without action.
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6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the Agency and signed by the
Agency and Contractor, stating their agreement upon all of the following:
a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
Agency, directing a change in the work and stating a proposed basis for adjustment, if
any; in the Contract lump sum or Contract time, or both. The Agency may, by
construction change directive, without breaching the contract, order changes in the work
within the general scope of the Contract consisting of additions, deletions or other
revisions, the Contract lump sum and Contract time being adjusted accordingly, in
accordance with provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the Agency of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
6.3.5 A Construction change directive signed by the Contractor indicates the agreement
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of the Contractor therewith, including adjustment in Contract lump sum and Contract
time or the method for determining them. Such agreement shall be executed as a
change order.
6.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract lump sum, the method and the adjustment shall be
determined by the Agency on the basis of reasonable expenditures and savings of
those performing the work attributable to the change, including, in case of an increase
or decrease in the Contract lump sum, the pre- determined percentage for overhead and
profit. In such case, the Contractor shall keep and present, in such form as the Ageny
may prescribe, an itemized account together with appropriate supporting data. Unless
otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6
shall be limited to the following:
Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75 /day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the Agency for a
deletion or change which results in a net decrease in the Contract lump sum shall be
actual net cost as confirmed by the Agency. When both additions and credits covering
related work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of increase, if any, with respect to that change.
6.3.8 If the Agency and Contractor agree with the determination concerning the
adjustments in the Contract lump sum and Contract time, or otherwise reach agreement
upon the adjustments, such agreement shall be recorded by preparation and execution
of an appropriate change order. Change Orders do not become effective until executed
by all parties.
6.3.9 If the Agency and Contractor do not agree on adjustments to the Contract lump
sum or Contract time, then this shall be considered a dispute and shall be resolved
pursuant to the provisions of Section 4.4 of these General Conditions.
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ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and /or hours, including authorized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
issued by the Agency. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the Agency.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the
Agency in writing, prematurely commence operations on the site or elsewhere prior to
the effective date of insurance required by the Contract to be furnished by the
Contractor. The date of commencement of the work shall not be changed by the
effective date of such insurance. The date of commencement will be established by a
notice to proceed given by the Agency.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the contract. He /she may request an extension listing reasons for the delay
and submitting substantiating evidence. If the Agency determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
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ARTICLE 8
PAYMENTS AND COMPLETION
8.1 CONTRACT LUMP SUM
8.1.1 The Contract lump sum is stated in the Contract and, including authorized
adjustments, is the maximum amount payable by the Agency to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the Agency an itemized application for payment for work
completed in accordance with the schedule of values. The application will be supported
by such data substantiating the Contractor's right to payment as the Agency may
require.
8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed.
8.2.3 The Contractor warrants that upon submittal of an application for payment all work
for which recommendation for payment has been requested shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material
suppliers, or other persons or entities making a claim by reason of having provided
labor, material or equipment relating to the work.
8.2.4 Payment shall be made pursuant to payment terms, payment schedule and
requirements of the Contract.
8.2.5 Application for payment shall be submitted on a payment request form approved
by the Agency.
8.2.6 Payment shall be made pursuant to Schedule of Values only.
8.2.7 Substantial completion does not constitute approval for final payment nor final
acceptance of the work.
8.2.8 Payment request will be rejected due to lack of, or improper releases or other
improper or incomplete documents required to be submitted with payment requests, as
determined by the Agency.
8.2.9 For all payments made under this contract, there will be no separate "Certificate
for Payment." The owner's issuance of a check constitutes a certificate of payment.
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8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project application for payment by certifying the
amounts due on such applications and forward them to the Project Representative.
8.3.2 Within five working days after receipt of the project application for payment, the
Agency will either issue a recommendation for payment, for such amounts as the
Agency determines is properly due, or notify the Contractor in writing of the reasons for
withholding certification in whole or in part as provided in Subparagraph 8.4.1.
8.3.3 The issuance of a recommendation for payment will constitute representations
made separately to the Agency, based on individual observations at the site and the
data comprising the application for payment submitted by the Contractor, that the work
has been completed and that, to the best of the Agency's knowledge, information and
belief, the quality and quantity of the work conforms to the Contract. The foregoing
representations are subject to an evaluation of the work for conformance with the
Contract upon substantial completion, to results of subsequent tests and inspections, to
minor deviations from the Contract correctable prior to completion and to specific
qualifications expressed by the Agency. The issuance of a recommendation for
payment will further constitute a representation that the Contractor is entitled to
payment in the amount certified. However, the recommendation for payment will not be
a representation that the Agency has (1) made exhaustive or continuous on -site
inspections to check the quality or quantity of the work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Agency to substantiate the Contractor's right to payment or (4)
made examination to ascertain how or for what purpose the Contractor has used money
previously paid on account of the Contract lump sum.
8.4 DECISIONS TO WITHHOLD CERTIFICATION
8.4.1 The Agency may decide not to certify payment and may withhold a
recommendation for payment in whole or in part, to the extent reasonably necessary to
protect the Agency, if in the Agency's opinion the representations to the Agency
required by Subparagraph 8.3.3 cannot be made. If the Agency's Representative is
unable to certify payment in the amount of the application, the Agency will notify the
Contractor. If the Contractor and Agency cannot agree on a revised amount, the Agency
will promptly issue a recommendation for payment for the amount for which the Agency
is able to make such representations. The Agency may also decide not to certify
payment or, because of subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a recommendation for payment previously issued, to
such extent as may be necessary to protect the Agency from loss because of, but not
limited to, the following:
Defective work not remedied;
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2. Third party claims filed or reasonable evidence indicating probable filing of
such claims;
3. Alleged failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
4. Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract lump sum;
5. Damage to the Agency or another contractor or third party allegedly by
Contractor, his /her agent or employee;
6. Reasonable evidence that the work will not be completed within the
Contract time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
7. Persistent failure to carry out the work in accordance with the Contract;
8. Re- testing of non - passing tests, reimbursement for inspections, overtime
and minimum times not used;
9. Alleged breach of terms and conditions of Contract Documents;
10. Disputed items and issues;
11. Liquidated damages; or
12. Payments which may be past due and payable for just claims against
Contractor or any Subcontractor for labor or materials furnished in and
about the performance of work on the project under this Contract; and /or
13. Improper, incomplete or unacceptable documents, releases or back up
materials.
8.4.2 When the above reasons for withholding certification are removed to the Agency's
satisfaction, certification will be made for amounts previously withheld.
8.4.3 The Agency may apply such withheld amount or amounts to payment of such
claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the
agent of the Contractor and any payment so made by the Agency shall be considered
as a payment made under Contract by the Agency to the Contractor and the Agency
shall not be liable to the Contractor for such payments made in good faith. Such
payments may be made without prior judicial determination of claim or obligations. The
Agency will render the Contractor a proper accounting of such funds disbursed on
behalf of the Contractor.
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8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
forward to the Agency a written notice that the work is ready for final inspection and
acceptance and shall also forward to the Agency a Contractor's application for final
retention payment. When the Agency finds the work to be acceptable under the
Contract and the Contract fully performed, the Agency will promptly issue a final
recommendation for retention payment stating that to the best of their knowledge,
information and belief, and on the basis of their observations and inspections, the work
has been completed in accordance with terms and conditions of the Contract and that
the entire balance found to be due the Contractor is due and payable.
8.5.2 No final retention payment shall become due until the Contractor submits to the
Agency (1) an affidavit that payrolls, bills for materials and equipment, and other
indebtedness connected with the work for which the Agency or the Agency's property
might be responsible or encumbered (less amounts withheld by Agency) have been
paid or otherwise satisfied; (2) a certificate evidencing that insurance and bonds
required by the Contract to remain in force after final payment is currently in effect and
will not be canceled or allowed to expire until at least 30 days' prior written notice has
been given to the Agency, and the Agency has given written permission to cancel said
insurance and /or bonds; (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required
by the Contract; (4) consent of surety, if any, to final payment; (5) a certificate
evidencing that Bonds required by the Contract will remain in full force and effect until
Agency issues written permission to exonerate them; and (6) all documentation required
by the payment schedule (Exhibit B) and (7) if required by the Agency, other data
establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract,
to the extent and in such form as may be designated by the Agency. If such claim
remains unsatisfied after payments are made, the Contractor shall refund to the Agency
all money that the Agency may be compelled to pay in discharging such claim, including
all costs and reasonable attorneys' fees.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1 SAFETY PRECAUTIONS AND PROGRAMS
9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract
including, without limitation, safety, job meetings and training. The Contractor shall
submit the Contractor's safety program to the Agency and coordinate with the safety
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the Agency.
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9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless
by Contractor's remediation activities as required by this Contract, the Contractor shall
immediately stop work in the area affected and report the condition to the Agency in
writing. The work in the affected area shall not thereafter be resumed except by written
agreement of the Agency and Contractor if in fact the material is asbestos or
polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the Agency and
Contractor.
9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop work
in the affected area and report the condition to the Agency in writing. The Agency shall
then proceed in the same manner described in Subparagraph 9.1.2.
9.2 SAFETY OF PERSONS AND PROPERTY
9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1. Employees on the job and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or Sub - subcontractors;
3. Other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction; and
4. Construction or operations by the Agency or other Contractors.
9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
9.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
9.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the work, the Contractor shall exercise
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utmost care and carry on such activities under supervision of properly qualified
personnel.
9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured
under property insurance required by the Contract) to property referred to in
subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a
Sub - subcontractor, supplier, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible
under subparagraph 9.2.1. This includes damage or loss caused by unknown persons
or causes. The foregoing obligations of the Contractor are in addition to the Contractor's
obligations under the indemnity sections of the Contract.
9.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the Agency.
9.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger safety to persons or property.
9.3 EMERGENCIES
9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
ARTICLE 10
INSURANCE
10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for
additional insurance requirements)
10.1.1 The Contractor shall purchase from and maintain in a company or companies
"admitted" by the State of California such insurance as specified in the Special Bid
Terms and Conditions for this project as will protect the Contractor from claims which
may arise out of or result from the Contractor's operations under the Contract and for
which the Contractor may be legally liable, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable.
10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than
limits of liability specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages must be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the work until after
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 53 of 57
Go
guarantee period expires and Agency has given written permission to cancel insurance.
10.1.3 Certificates of Insurance acceptable to the Agency shall be submitted to the
Agency prior to commencement of the work. Additional certificates evidencing
continuation of coverage after final payment shall be submitted with the final Application
for Payment as required by Subparagraph 10.1.2.
10.1.4 All certificates must be original. An original endorsement, naming the Agency as
additional insured must also be submitted before the Notice to Proceed will be issued.
10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said
insurance coverage is required in addition to all other insurance coverage required by
other provisions of the Contract Documents. Contractor to pay all deductibles.
10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a
copy of each policy that includes insurance coverages required by this Paragraph 10.1.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the
policy will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 54 of 57
t;C- UGI
Technical Specifications
For the
Demolition of Structures and Appurtenances at 765 Walnut Street, 81 Charles
Street, and a part of 782 Moorpark Avenue, Moorpark, California
1. The Agency has obtained the services of a licensed laboratory to verify a
presence or absence of hazardous materials on each Property. Based on the licensed
laboratories report, all three properties tested positive for class II non - friable asbestos
containing materials (ACM) in good to fair condition. The pre - demolition survey reports
are attached to this bid document for reference. The Contractor is responsible for
coordinating the hazardous materials remediation on the properties 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. Contractor will supply the name of the company
Contractor will use to perform asbestos abatement work and post abatement testing, if
required.
2. Demolish and remove all structures, paving, footings, walkways, trash,
debris, landscaping, fencing and walls, organic material, large boulders, bricks, blocks,
miscellaneous abandoned items, shrubs and trees as indicated on site maps inside of
the property lines at 765 Walnut Street, 81 Charles Street, and 782 Moorpark Avenue.
Trim trees and shrubs not located within but that extend into the property at the property
line as indicated. Lawfully dispose of all trash and debris offsite at an approved landfill.
All bidders must use one of the City's contract waste haulers to haul away any and all
material destined for the landfill. Recyclable or salvageable material may be self - hauled by
the contractor, or a vendor who is paying the contractor, to a recycle /salvage center. The
Agency must not incur any cost with regard to the hauling of recyclable or salvageable
material. If the Contractor bids with the intent of self - hauling recyclable or salvageable
material, a permit must be issued by the City and the total tonnage recycled must be
reported. Questions about these requirements can be directed to Jennifer Mellon, Senior
Management Analyst at (805) 517 -6247.
3. At the completion of the structure demolition at 765 Walnut Street, and 782
Moorpark Avenue, Contractor is to build a permanent chain link fence around the
perimeter of the property that ties into the existing fence on the south side of the
property continues north along the Walnut Street side of the property and then travels
west along Everett Street terminating at the block wall behind the existing structure at
798 Moorpark Avenue, as outlined on the attached site map.
4. At the completion of the 81 Charles Street demolition, contractor is to construct
permanent fencing around the perimeter of the property, as outlined on the attached site
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 55 of 57
map.
5. Remove all underground electrical conduits, gas lines, waterlines, sewer lines
and associated septic tanks and leach lines, irrigation lines, gasoline storage tanks and
associated lines and all other underground utilities and cap off same at the property line
as required by the effected utility companies and all other authorities having jurisdiction.
Prior to commencing any demolition work, the Contractor shall contact "Dig
Alert" and all serving utilities and make all arrangements necessary to insure that
all utilities are properly located, removed and capped at the property line as
required. All necessary fees, permits and requirements of the serving utilities and
authorities having jurisdiction will be secured and paid for by the contractor, contractor
will coordinate all utility disconnections and removals necessary to proceed with the
work in a timely manner.
6. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or
cutting are completely secured and properly barricaded to ensure separation of such
operations with anybody other than who is authorized to be in construction area before
beginning such work. Provide barricades and maintenance thereof, in accordance with
applicable Federal, State and local codes and their respective requirements. Install
temporary barricades, enclosures and protections before demolition work is started.
7. During demolition, take all precautions necessary to mitigate blowing dust and
dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt
migration. Comply with governing regulations and County Air Pollution Control District
pertaining to environmental protection. Do not use water when it may create hazardous
or objectionable conditions such as flooding and pollution. Do not allow demolished
material to accumulate on site, have debris hauled off at regular intervals using
appropriate City contract waste hauler.
8. Perform demolition exercising proper care to prevent injury to the public,
workmen, and adjoining property. Repair or replace existing work scheduled to remain,
which is damaged by these operations. Return elements of construction and surfaces to
remain to existing condition prior to start of operations. Repair adjacent construction or
surfaces soiled or damaged by demolition work.
9. Limit Demolition operations to the immediate property on which the work is to be
performed, do not infringe upon the adjoining roads or rights -of -way. Keep all access
routes and adjoining roads and rights -of -way clean at all times. The tracking of mud, dirt
or any other debris onto the adjacent and surrounding roads will not be permitted at any
time. If there is debris tracked onto roads, at no time will the use of water be an
acceptable clean -up method.
10. 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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 56 of 57
UOOi 63
11. No blasting will be permitted, burning of rubbish at the site is not allowed.
12. Site and surrounding areas to be left clean and free of any debris, organics
pavement or other unsuitable materials.
13. Except as otherwise specified, in the event the contractor encounters on the
project site material reasonably believed to be Asbestos, Polychlorinated biphenyl
(PCB) or other hazardous materials which have not been rendered harmless by
Contractors remediation efforts as required by this contract, Contractor shall
immediately stop work in the effected area and report the condition to the Agency's
Representative in writing.
14. Submit schedule for approval by the Agency's Representative indicating
proposed methods and sequence of operations for demolition work. Include
coordination for shutoff, capping and continuation of utility services as required, together
with details for dust and noise control protection. Provide detailed sequence of
demolition and removal operations.
15. 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.
16. Contractor will be responsible for the security of the site. Contractor shall be
responsible for all damages to persons or property that occur as a result of its fault or
negligence in the performance of this contract and shall be responsible for the
protection of the project site until final acceptance by the Agency. Contractor shall take
all necessary precautions for the safety of workers on the project and shall comply with
all applicable federal, state, local and other safety laws, standards, orders, rules,
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.
17. Contactor will be responsible to include appropriate construction site Best
Management Practices to comply with applicable storm water and urban runoff permits,
regulations, codes or laws.
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Multiple Properties Page 57 of 57
4 •.a l
4
r � .� �
REDEVELOPMENT AGENCY
of the City of Moorpark
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
November 9, 2007
ADDENDUM NO. 1
for
Specification No. RDA -07 -003
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for
the demolition of the above described project are hereby amended as follows:
--------------------------------------------------------------------
--------------------------------------------------------------------
1. All tree stumps leftover from tree removal on the project site are to be ground flat.
2. The following is clarification regarding the permanent fencing to be built around the project
site. The fence should be standard 6 foot chainlink fencing with a top rail and a construction
access gate on the Walnut Street side of the property. No access gate is needed on the 81
Charles Street Property. Please see attached Exhibit A for exact fence placement.
3. With regard to the rear fence at the 81 Charles Street site, Contractor is instructed to reuse
the small 4 foot fence currently located at the rear of the property to close off the site.
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.
Hugh R. W ey, Assistant Exec i Direc r
Acknowledgement of the addendum by signing and inserting the addendum number on page 7 of
the proposal, and returning a copy with your bid is required. Failure to do so may result in the
disqualification of your bid.
Questions regarding this addendum may be directed to the Agency's Project Representative
Jessica Sczepan, Administrative Specialist at (805) 517 -6225 Fax (805) 532 -2530 or
jsczepan @ci.moorpark.ca.us.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. PLEASE FAX A SIGNED
COPY OF THIS PAGE TO JESSICA SCZEPAN AT (805) 532 -2530.
Company Name: V.A.C. Environmental and Demolition Contractors
Authorized Representative: John Austin, Project Ma r
Signature of Authorized Representative:
Exhibit A — Fence Placement
C's
ATTACHMENT 2
HISTORIC RESOURCES REPORT
765 WALNUT STREET
MOORPARK, CALIFORNIA
July 16, 2007
Prepared for:
Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Prepared by:
F[]j SAN BUENAVENTURA
,RESEARCH ASS9CIATES
HISTORIC - RESgURCES - CONSULTING
9 151E WOODLAND DRIVE ■ SANTA rAUTA CA 95060 ■
1. Introduction
This report was prepared for the purpose of assisting the City of Moorpark in their compliance with the Cali-
fornia Environmental Quality Act (CEQA) as it relates to historic resources, in connection with the demolition
of buildings located at 765 Walnut Street and the development of a 20 to 25 unit housing project on the par-
cel. [Figure 1]
This report assesses the historical and architectural significance of potentially significant historic properties
in accordance with the National Register of Historic Places (NRHP), the California Register of Historical Re-
sources (CRHR) Criteria for Evaluation, and City of Moorpark landmark criteria. A determination will be made
as to whether adverse environmental impacts on historic resources, as defined by CEQA and the CEQA Guide-
lines, may occur as a consequence of the proposed project, and recommend the adoption of mitigation meas-
ures, as appropriate.
This report was prepared by San Buenaventura Research Associates of Santa Paula, California, Judy Triem, His-
torian; and Mitch Stone, Preservation Planner, for the City of Moorpark, and is based on a field investigation
and research conducted in July, 2007. The conclusions contained herein represent the professional opinions of
San Buenaventura Research Associates, and are based on the factual data available at the time of its prepara-
tion, the application of the appropriate local, state and federal regulations, and best professional practices.
2. Administrative Setting
The California Environmental Quality Act (CEQA) requires evaluation of project impacts on historic resources,
including properties "listed in, or determined eligible for listing in, the California Register of Historical Re-
sources [or] included in a local register of historical resources." A resource is eligible for listing on the Cali-
fornia Register of Historical Resources if it meets any of the criteria for listing, which are:
1. Is associated with events that have made a significant contribution to the broad patterns of Califor-
nia's history and cultural heritage;
2. Is associated with the lives of persons important in our past;
3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or rep-
resents the work of an important creative individual, or possesses high artistic values; or
4. Has yielded, or may be likely to yield, information important in prehistory or history. (PRC
§5024.1(c))
By definition, the California Register of Historical Resources also includes all "properties formally determined
eligible for, or listed in, the National Register of Historic Places," and certain specified State Historical Land-
marks. The majority of "formal determinations" of NRHP eligibility occur when properties are evaluated by the
State Office of Historic Preservation in connection with federal environmental review procedures (Section 106
of the National Historic Preservation Act of 1966). Formal determinations of eligibility also occur when prop-
erties are nominated to the NRHP, but are not listed due to owner objection.
The criteria for determining eligibility for listing on the National Register of Historic Places (NRHP) have been
developed by the National Park Service. Eligible properties include districts, sites, buildings and structures,
A. That are associated with events that have made a significant contribution to the broad patterns of
our history; or
B. That are associated with the lives of persons significant in our past; or
C. That embody the distinctive characteristics of a type, period, or method of construction or that rep-
resent the work of a master, or that possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction; or
D. That have yielded, or may be Likely to yield, information important in prehistory or history.
41V 4) -t)Gi i
Historic Resources Report
765 Walnut Street, Moorpark
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SAN BUENAVENTURA RESEARCH ASSMATES Page 2 of 9
4 Auwkcjs
Historic Resources Report
765 Walnut Street, Moorpark
According to the National Register of Historic Places guidelines, the "essential physical features" of a property
must be present for it to convey its significance. Further, in order to qualify for the NRHP, a resource must
retain its integrity, or "the ability of a property to convey its significance."
The seven aspects of integrity are: Location (the place where the historic property was constructed or the
place where the historic event occurred); Design (the combination of elements that create the form, plan,
space, structure, and style of a property); Setting (the physical environment of a historic property); Materials
(the physical elements that were combined or deposited during a particular period of time and in a particular
pattern or configuration to form a historic property); Workmanship (the physical evidence of the crafts of a
particular culture or people during any given period of history or prehistory); Feeling (a property's expression
of the aesthetic or historic sense of a particular period of time), and; Association (the direct link between an
important historic event or person and a historic property).
The relevant aspects of integrity depend upon the National Register criteria applied to a property. For exam-
ple, a property nominated under Criterion A (events), would be likely to convey its significance primarily
through integrity of location, setting and association. A property nominated solely under Criterion C (design)
would usually rely primarily upon integrity of design, materials and workmanship. The California Register regu-
lations include similar language with regard to integrity, but also state that "it is possible that historical re-
sources may not retain sufficient integrity to meet the criteria for listing in the National Register, but they
may still be eligible for listing in the California Register." (CCR §4852 (c))
The minimum age criterion for the National Register of Historic Places (NRHP) and the California Register of
Historical Resources (CRHR) is 50 years. Properties less than 50 years old may be eligible for listing on the
NRHP if they can be regarded as "exceptional," as defined by the NRHP procedures, or in terms of the CRHR,
"if it can be demonstrated that sufficient time has passed to understand its historical importance" (Chapter
11, Title 14, §4842(d)(2))
Historic resources as defined by CEQA also includes properties listed in "local registers' of historic properties.
A "local register of historic resources" is broadly defined in §5020.1 (k) of the Public Resources Code, as "a
list of properties officially designated or recognized as historically significant by a local government pursuant
to a local ordinance or resolution." Local registers of historic properties come essentially in two forms: (1)
surveys of historic resources conducted by a local agency in accordance with Office of Historic Preservation
procedures and standards, adopted by the local agency and maintained as current, and (2) landmarks desig-
nated under local ordinances or resolutions. These properties are "presumed to be historically or culturally
significant... unless the preponderance of the evidence demonstrates that the resource is not historically or
culturally significant." (Public Resources Code §§ 5024.1, 21804.1, 15064.5)
Local Landmark: Significance and Eligibility
Section 15.36.060 of the Moorpark Municipal Code sets out the following criteria for designation of a city
landmark. A building needs to meet only one these criteria to qualify:
1. It is associated with persons or events significant in local, state or national history;
2. It reflects or exemplifies a particular period of national, state or local history;
3. It embodies the distinctive characteristics of a type, style or period of architecture or of a method of
construction;
4. It is strongly identified with a person or persons who significantly contributed to the culture, history
or development of the area;
SAN BUENAVENTURA RESEARQI AS -MATES Page 3 of 9
a) �? G
Historic Resources Report
765 Walnut Street, Moorpark
5. It is one of the few remaining examples in the area possessing distinguishing characteristics of an
architectural type of specimen;
6. It is notable work of an architect or master builder whose individual work has significantly influenced
the development of the area;
7. It embodies elements of architectural design, detail, materials or craftsmanship that represents a
significant architectural innovation;
8. It has a unique location or singular physical characteristics representing an established and familiar
visual feature of a neighborhood, community or the area;
9. It has unique design or detailing;
10. It is a particularly good example of a period of style;
11. It contributes to the historical or scenic heritage or historical or scenic properties of the area (to
include, but not limited to landscaping, light standards, trees, curbing and signs).
3. Impact Thresholds and Mitigation
According to PRC §21084.1, "a project that may cause a substantial change in the significance of an historical
resource is a project that may have a significant effect on the environment." The Public Resources Code
broadly defines a threshold for determining if the impacts of a project on an historic property will be signifi-
cant and adverse. By definition, a substantial adverse change means, "demolition, destruction, relocation, or
alterations," such that the significance of an historical resource would be impaired (PRC §5020.1(6)). For pur-
poses of NRHP eligibility, reductions in a resource's integrity (the ability of the property to convey its signifi-
cance) should be regarded as potentially adverse impacts.
Further, according to the CEQA Guidelines, an historical resource is materially impaired when a project...
[d]emolishes or materially alters in an adverse manner those physical characteristics of an historical resource
that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the Cali-
fornia Register of Historical Resources [or] that account for its inclusion in a local register of historical re-
sources pursuant to section 5020.1(k) of the Public Resources Code or its identification in an historical re-
sources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, unless the public
agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is
not historically or culturally significant."
The lead agency is responsible for the identification of "potentially feasible measures to mitigate significant
adverse changes in the significance of an historical resource." The specified methodology for determining if
impacts are mitigated to less than significant levels are the Secretary of the Interior's Standards for the Treat-
ment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating His-
toric Buildings (1995), publications of the National Park Service. (PRC §15064.5(b)(3 -4))
4. Historical Setting
General Historical Context
The town of Moorpark was established along the Southern Pacific Railroad right -of -way in 1900 by Robert and
Madeleine R. Poindexter. Poindexter had acquired a portion of the former Rancho Simi lands, known as the
"Little Simi" from Thomas Scott, who had purchased 99,009 rancho in 1864 to explore for oil. After having
little success at oil development, Rancho Simi was sold to a syndicate, among whose members was Thomas
Bard. In 1887 the syndicate established the Simi Land and Water Company to subdivide and sell the lands.
Robert Poindexter was hired as secretary of this company.
SAN 5"VEN11AA RESEARCH ASSOCIATES
Page 4 of 9
Historic Resources Report
765 Walnut Street, Moorpark
Poindexter laid out the town lots surrounding the depot. By April 6, 1900, the railroad station, a section
house, corral and chutes for cattle had been constructed. Trains arrived daily from Montalvo. High Street, par-
alleling the railroad tracks just north of the depot, became the commercial district. The Southern Pacific Mill-
ing Company warehouse was built adjacent to the railroad tracks. A Methodist church building and parsonage
from the nearby community of Epworth were moved into Moorpark in 1907 on land located at Walnut and
Charles streets and donated by the Poindexter family. By 1905 the first school was also moved from Peach Hill
into the town on land across from the church also donated by the Poindexters. The first newspaper, the Moor -
pork Star, began operation in 1910. The Moorpark Hotel was built across from the depot at High and Bard
streets. In 1915 the Moorpark Walnut Grower's Association built a warehouse next to the railroad, where grow-
ers could take their walnuts for grading, bleaching and shipping, providing jobs for local residents during the
walnut season.
The Southern Pacific Warehouse stored locally -grown grain, including barley, oats, wheat and black -eyed
beans. Grains were stored for both seed and feed purposes, with about thirty percent sold for seed. The black -
eyed beans were cleaned, packed and shipped to southern states. During apricot season, in July, the dried
fruit was weighed and shipped through the warehouse.
Apricots were the first and most successful crop raised in the Moorpark area, with around 1,000 acres devoted
to it in 1915. During the 1920s and 1930s, apricot cultivation reached its preeminence. The name Moorpark
was taken from a variety of apricot, although it was the royal apricot that was grown by most ranches in later
years. The warm, dry inland climate, free from coastal fog, provided an ideal climate for this crop. Moorpark
became known as the apricot center of Ventura County.
During picking season, families traveled to Moorpark from many parts of California to pick and pit apricots,
often living in tents on the ranches during the few weeks in July when harvesting occurred. During the 1920s
Moorpark held an apricot festival at the end of the season, promoted by the Chamber of Commerce, which
wanted to put Moorpark "on the map." Publicity campaigns touted "Moorpark, Star of the Valley' and "Home
of the Apricot." (Gunter, 1969: 111)
The town experienced slow but steady growth. By the 1920s, High Street merchants provided most conven-
iences to the local population —a grocery store, bank, elementary school, hardware store restaurants and agri-
cultural related businesses serving the surrounding farmers. During the 1930s, Moorpark was the only town in
the east county to boast a movie theater. The Moorpark Theatre, built around 1930, provided entertainment
not just to local residents but to the nearby communities of Simi Valley, Somis, Camarillo, and Thousand Oaks.
During the Depression, many ranchers began to raise poultry for egg production. By 1961, poultry became a
prominent area business when Julius Goldman established Egg City, with a million -hen capacity.
Moorpark remained a rural agricultural community until the mid- 1970s, when Moorpark College was built east
of town, and Campus Park, a 1,500 unit residential subdivision was constructed near the college. During the
1980s growth continued with development south of the original townsite. In addition, commercial develop-
ment occurred along Highway 118. During this time, the older commercial district along High Street (original
Highway 118) was redeveloped. Many older buildings, including the railroad depot, were demolished. Others
were modified by the attachment of Western facades to the buildings. Moorpark incorporated in 1983.
SAN BUENAVENTURA RESEAROi ASSWATES Page 5 of 9
Historic Resources Report
765 Walnut Street, Moorpark
Site - Specific Context
The project site at 765 Walnut Street was located on block A of the original Moorpark townsite laid out in
1900. In 1908 M.L. Wicks created a new subdivision of the Moorpark townsite known as M.L. Wicks Subdivi-
sion of part of Tract U and Addition to Moorpark. Block A was divided into two lots at that time. Block A was
bounded on the south by Charles Street, on the north by Everett Street, on the east by Walnut Street and on
the west by Moorpark Avenue. The east half of the block was used for the Moorpark School. This parcel was
donated by Madeleine Poindexter for use as a school. The original Fremontville school, built circa 1895 and
located on Peach Hill south of Moorpark, was moved to this location around 1905. The school building was
Located at the southeast corner of lot A, at the corner of Charles and Walnut streets. It is uncertain how long
the school remained on the site. A new school, located at Third and Flory streets was built in the late 1920s
or early 1930s. The Walnut Street school continued to serve Mexican children in grades one through three. It
is uncertain when the school was torn down. In 1942 I.G. Tanner purchased the land from the school district
for $1 and quit- claimed it to the County of Ventura for use as a fire station. The first fire station was built in
1942 immediately south of the building at 765 Walnut Street.
Ventura County Assessor records state that the building at 765 Walnut Street was first used to garage a school
bus while the school district owned the property. It was moved to the site by or before 1935. Its original date
of construction and location are unknown. Early photographs show that the building was later used by the
Fire Department to house a fire truck when the Fire Station was built next door in 1942. The building was
sided with metal and featured a sliding metal door across the entire front of the building. The land was sold
to Waldo Hanby and the building was remodeled for use as a residence in 1952. A new fire station was built in
1953 on Moorpark Avenue behind the old station. The City of Moorpark Redevelopment Agency acquired the
property in 2006. (Gunter, 1974)
5. Potential Historic Resources
The project site is located on a 150 foot by 100 foot parcel (APN 512 -0- 062 -011) at 765 Walnut Street at the
northwest corner of Walnut and Everett streets two blocks from the main commercial district. The lot contains
a residence and three sheds.
The residence is one story with a rectangular plan and flat roof with raised parapet on three sides. The first
floor of the front (eastern) elevation features an awning garage door on the left and a single large double -
hung multi -paned wood window with wood casings. A wood frieze separates the first floor from the parapet.
The parapet wall contains two small wood windows, that pivot outward, with wood casings. The first story is
covered with wide horizontal drop siding and the parapet with sheet metal and rests on a concrete founda-
tion. [Photo 1]
The southern elevation is covered with sheet metal and contains two small windows with wood casings. The
northern elevation has an attached shed roof porch over the main entry, a French door with an adjacent
multi -paned window with wood casing. This portion of the house is covered with sheet metal. The porch is
supported by square posts and a horizontal wood railing above a concrete floor. [Photo 2]
Two shed roof additions are attached to the northern elevation. The additions each have a paneled wood door
and double -hung wood windows and are covered with wide horizontal wood siding. [Photo 3]
The rear (western) elevation is sided with sheet metal and features a pair of double -hung wood windows and a
single double -hung window with wood casings. The additions are clad with wide horizontal wood siding and
SAN N"VENTURA RESEARCM ASS"TES
Page 6 of 9
lyxou,'72
Historic Resources Report
765 Walnut Street, Moorpark
feature double -hung wood windows with wood casings and two smaller wood casement windows with plain
wood casings. [Photo 41
Three small sheds are located on the property. The largest shed, located behind the house to the west, is cov-
ered with corrugated metal and features a wood door with four glass panes in the upper half and a four -part
wood window adjacent to the entrance. The metal roof is a low gable with broad overhang supported by wood
posts. [Photo 5]
Two small sheds are located in the front side area, north of the house. One is sided with plywood and has a
gable roof. The other is a modern metal shed. Other features on the property include a brick barbecue and
arbor. Landscaping includes brick walkways and numerous trees including citrus and several mature California
pepper trees. [Photo 6]
Alterations
This building has been extensively altered. It was originally built as a garage and had metal siding and sliding
metal doors across the front of the building. In 1952 it was converted to residential use. The basic configura-
tion was retained and metal siding was retained on the front parapet and southern and northern elevations.
The front sliding doors were removed and horizontal wood siding was added along with a single awning style
garage door and windows. Additions were made on the northern elevation and windows, doors and wood sid-
ing added. The rear western elevation also had windows and horizontal siding added.
6. Eligibility of Historic Resources
National and California Registers: Significance, Eligibility and Integrity
This residence does not appear to have any association with an event which has made a significant contribu-
tion to the history of Moorpark (Criterion A /1). It was associated with the first Moorpark School and the first
fire station, but its associations were minor since it was an ancillary building.
The property does not appear to be associated with a significant individual in the history of Moorpark (Crite-
rion B/2). The building was remodeled by Moorpark resident Waldo Hanby for use as his residence. No informa-
tion could be obtained for Hanby.
This residence does not embody the distinctive characteristics of a single type, period or method of construc-
tion. (Criterion C /3.) The original builder of the garage is unknown. Apparently the owner Waldo Hanby re-
modeled it himself when it was altered in 1952 as his residence.
Integrity Discussion
The integrity of location is uncertain since the original garage is said to have been moved to the site during
the 1930s. The integrity of design is poor, resulting from it conversion from a garage to a residence. The in-
tegrity of setting is substantially altered because both the school house and fire station no longer exist. To
the extent that the building is altered, its integrity of materials and workmanship are also reduced. The in-
tegrity of feeling and association are lost since the building's original use as a garage has changed.
On a whole, this property appears to lack the integrity required to be eligible for listing on the NRHP or CRHR.
Conclusion
This property does not appear to be eligible for listing on the California or National Registers.
SAN MNAVENTURA RESEARa ASSWATES Page 7 of 9
Historic Resources Report
765 Walnut Street, Moorpark
Local Significance and Eligibility
The property at 765 Walnut Street is only peripherally (1) associated with events important in Moorpark his-
tory. The first Moorpark School and the first Fire Department were important events in Moorpark's history. This
building was an ancillary building used for housing the school bus and then for housing the fire truck. Be-
cause those buildings are no longer extant and the garage was remodeled into a residence more than fifty
years ago, its connection with important events is remote.
The property (2) does not reflect an important period of Moorpark history. Its appearance today reflects the
1950s through the present. The property (3) does not embody the distinctive characteristics of a style of ar-
chitecture and method of construction. It was originally a metal -sided garage remodeled into a residence in
1952. The property is not (4) strongly identified with person or persons who significantly contributed to the
culture, history or development of the Moorpark. No information could be obtained on Waldo Hanby except
that he remodeled the house and lived in it from approximately 1952 though 1968.
The property does not (5) possess distinguishing characteristics of an architectural type or specimen. It is a
garage that was remodeled into a residence. The property is not (6) a notable work of an architect or master
builder whose individual work has significantly influenced the development of the area. No architect or
builder is known for this property. The house (7) does not embody elements of architectural design, detail,
materials or craftsmanship that represents a significant architectural innovation.
The property is not in (8) a unique location nor does it represent an established and familiar visual feature of
the neighborhood. The property does not (9) exhibit a unique design or detailing, nor (10) does it represent
an example of a period or style since it was remodeled from a garage into a residence.
The property (11) does not contributes to Moorpark's scenic heritage. It does retain some mature Pepper trees
at the rear of the property along Everett Street. These few trees by themselves would not render the property
eligible as a city landmark. These trees do not appear to be part of a row of street trees along Everett Street.
Conclusions
The property at 765 Walnut Street does not appear to meet any of the City of Moorpark criteria and is there-
fore not eligible as a City Landmark.
7. Project Impacts
Because the property at 765 Walnut Street is not eligible for the National or California registers or as a City of
Moorpark landmark, no adverse impacts on historic resources will occur as a result of its demolition. This
property does not appear to contribute to the formation of an historic district or to the setting of any identi-
fied historic resource. The nearest identified historic resource, the Methodist Church, a Ventura County land-
mark, is located at 702 Walnut Street. This property is located on the opposite (eastern) side of Walnut Street,
on the opposite end of the block.
SAN 6UENAVENTURA RESEARCH ASSOQATES Page 8 of 9 '-,
Historic Resources Report
765 Walnut Street, Moorpark
8. Selected Sources
Alexander, W.E. Ventura County Historical Atlas, 1912.
Cameron, Janet Scott. Moorpark: The Star of the Valley. Anderson, Ritchie & Simon, 1967.
City of Moorpark, Building and Safety Department, permit file on 765 Walnut Street
Gunter, Norma. The Moorpark Story. Moorpark: Moorpark Chamber of Commerce, 1969
Gunter, Norma. A Diamond for Moorpark: 1975. Moorpark: Moorpark Chamber of Commerce, 1974.
Map of M.L. Wicks Subdivision of part of Tract U and Addition to Moorpark in the Rancho Simi, Ventura County,
California, April 21, 1908.
Map of a part of Tract L of Ventura County , California, showing the Townsite of Moorpark and Lands of Made-
leine R. Poindexter, December 14, 1900.
Triem, Judith P. Ventura County, Land of Good Fortune. Northridge: Windsor Publications, 1985.
U.S.G.S. Map, Moorpark, 19
Ventura County Assessors Office, Residential Building Record for 765 Walnut Street.
Ventura County City Directories, 1926 -1968.
SAN WENAVENTURA RESEARCH ASSOCIATES
Page 9 of 9
.r•
Photo 1. 765 Walnut Street, front (eastern) elevation [6 July 2007]
wl_
-- .
D a• .'..
Photo 2. Side (northern) elevation of residence [6 July 2007]
Photo 3. Side (northern) elevation showing addition [6 July 20071
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00_-7 _
MOORPARK REDEVELOPMENT AGEN CY .`no,A40
AGENDA REPORT 'it,.-'
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager .J�Cxi�4
Date: November 26, 2007 (Agency Meeting of 12/5/07)
Subject: Consider Resolution Authorizing the Acquisition of 33 High Street,
Accepting the Grant Deed for Recordation, and Amending the Fiscal
Year 2007/08 Budget to Fund the Purchase
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of the 33 High Street property by the
Redevelopment Agency is consistent with the goals and objectives in the Moorpark
Redevelopment Plan. The current purpose of the proposed acquisition is to provide
needed office, storage, rehearsal and set construction space for the High Street Arts
Center, which is adjacent to the 33 High Street property. All or part of it could also be
rented if not needed for other Agency purposes.
The purchase price of the property is $950,000.00 plus half of the escrow expenses. A
$955,000.00 budget appropriation is required for the purchase.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2007 — ;
2. Authorize the Executive Director to execute all documents necessary to this
transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2007 -
t" I'M i i
ATTACHMENT A
RESOLUTION NO. 2007 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 33 HIGH STREET, ACCEPTANCE OF GRANT
DEED, AND AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY APPROPRIATING $955,000.00 FROM THE MRA
AREA I - OPERATIONS (2902) TO THE MRA ECONOMIC
DEVELOPMENT BUDGET
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase property known as 33 High Street in the City of Moorpark, for the purpose of
economic development activities; and
WHEREAS, on June 20, 2007, the Board of Directors adopted the Budget for
Fiscal Year 2007/2008; and
WHEREAS, a staff report has been presented to the Board of Directors
requesting a budget adjustment in the aggregate amount of $955,000.00; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendments and their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Agency Board hereby approves acquisition of 33 High Street and
directs the Agency Secretary to accept and consent to the recordation of the grant
deed.
SECTION 2. A budget amendment in the amount of $955,000.00 from the MRA
Area - 1 Operations Fund, as more particularly described in Exhibit "A ", attached hereto,
is hereby approved for property acquisition.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original Resolutions.
ATTACHMENT A
PASSED AND ADOPTED this 5th day of December, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
EXHIBIT A
BUDGET AMENDMENT FOR
MRA AREA I - OPERATIONS
2007 -08
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Area I - Operations
2902 -5500
$ 955,000.00
$ 955,000.00
$ 955,000.00
Total
$ 955,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2902 - 2410 - 0000 -9610
$ -
$ 955,000.00
$ 955,000.00
Total
$ -
$ 955,000.00
$ 955,000.00
Approved as to Form:
IiEM
L . "D •
:'P Vi�`7� ? ^innt �r' Cf Q: ?•]�: le P1 ..I
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board
FROM: David C. Moe II, Redevelopment Manager
BY: Jessica Sczepan, Administrative Special(s�v
DATE: November 20, 2007 (Agency Meeting of 12/5/07)
SUBJECT: Consider Authorization of Recordation of the Notice of Completion for
the Grain Silo Demolition Project at 192 High Street
BACKGROUND
On September 19, 2007 the City Council awarded the Grain Silo Demolition contract to
Standard Industries for $39,113 with a 10% contingency for an overall budget of $44,000.
Standard Industries has completed its work and staff is requesting that the Agency Board
authorize the recordation of the Notice of Completion.
DISCUSSION
The work began October 16, 2007, and was completed November 1, 2007. All punch list
items have also been completed. There were no amendments and no change orders for
this project.
With the Agency Board's authorization to record the Notice of Completion, the Agency
Secretary's office will be authorized to release the project bonds in accordance with
contract provisions.
STAFF RECOMMENDATION
Authorize the Agency Secretary to file the Notice of Completion, and release the project
bonds consistent with the contract provisions.
Attachment 1: Notice of Completion
ATTACHMENT 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r NAME Redevelopment Agency
STREET of the City of Moorpark
ADDRESS 799 Moorpark Avenue
CITY Moorpark, CA 93021
STATE
L ZIP Attn: Agency Secretary
No Fee Required (Govt Code Sec 6103 & 27383)
_ _5PACIEABOVE THIS LINE FOR RECORDER'S USE _
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is RedevelCiDment Aaencv of the Citv of MoorDark
3. The full address of the owner is 799 Moorpark Ave
4. The nature of the interest or estate of the owner is: In fee.
(If other then Fee, strike 'In fee' and insert, for example, 'purchaser under contract of purchase,' or 'Lessee')
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on November 1, 2007 The work done was:
Demolition of Grain Silos and elevators
8. The names of the contractor, if any, for such work of improvement was JDML, Inc. dba Standard Industries
October 8, 2007
(If no contractor for work of improvement as a whole, risen 'None') (Dole of Contract)
9. The property on which said work of improvement was completed is in the City of Moorpark
County of Ventura State of CA , and is described as follows: 512-0- 090 -105
10. The street address of said property is 192 High Street, Moorpark, CA 93021
(If no street address has been officially assigned, insert 'none %)
Dated
(Signature of Owner or corporate officer of Owner named in paragraph 2, or
a)even nueny, r-xeuuuve ulrectul , KedeveiopmentYAQe
VERIFICATION of the City of Moorpark
I, the undersigned, say: I am the EX @CUfu've Director the declarant of the foregoing Notice of Completion;
IPre -ant of, alter o , per wrier o ,etc.)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on 2007 at Moorpark , California
IPersonel sgnature of the individual who n swesring that the contents of the Notxe of Comv�eLion are true)
Steven Kuenv. Executive Director. Redevelopment Aaencv of the Citv of Moorpark
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appropriate transaction.
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