HomeMy WebLinkAboutAG RPTS 2007 1017 RDA REGENT
JESTABLISHED
MAM u. tar
Pao/ Resolution No. 2007 -183
OF
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 17, 2007
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of Minutes of Regular Meeting of September 19, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Award of Bid and Project Approval for the Demolition of 347 and 675
Moorpark Avenue and Resolution Amending Fiscal Year 2007/08 Budget to
Fund the Project. Staff Recommendation: 1) Approve the removal of 347 and
675 Moorpark Avenue; 2) Award bid to Midwest Environmental Control, Inc.
and authorize execution of Agreement, subject to final language approval by
the Executive Director and General Counsel; and 3) Adopt Resolution No.
2007- . ROLL CALL VOTE REQUIRED (Staff: David Moe)
C. Consider Resolution Authorizing Acquisition of 450 Charles Street, Accepting
Grant Deed for Recordation, and Amending the Fiscal Year 2007/08 Budget to
Fund the Purchase. Staff Recommendation: 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. ROLL CALL VOTE REQUIRED
(Staff: David Moe)
Redevelopment Agency Agenda
October 17, 2007
Page 2
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
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 bythe City
Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for
Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion
portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public
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. Copies of each item of business on the agenda are on file in the office of
the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to
the City Clerk at (805) 517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805)
517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior
to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide
accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
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, October 17, 2007,
at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 12, 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 October 12, 2007.
x1to-a 0'
Maureen Benson, Assistant City Clerk
CITY OF MOOR PAPkK, 'GA,LIFOQNI ;%
Redevelopment Agency Meeting
of JD -/ % -aoa
r=tur 5. A.
ACTION:
zi -- - ---- ,MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California September 19, 2007
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
September 19, 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 7:34 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.
CONSENSUS: It was the consensus of the Agency Board to table Item 4.A. to be
heard jointly with Item 8.C. on the City Council agenda.
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Millhouse moved and Agency Member Parvin seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of Minutes of the Regular Meeting of July 18, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Acceptance of Modified Proposal form A. Bates, General
Contractor and Approval of Contract for the Construction of Single Family
Home at 81 First Street, and Resolution Amending the Fiscal Year
2007/08 Budget for Construction Costs and Associated Permits and Fees.
Staff Recommendation: 1) Accept bid proposal with an adjusted price of
$343,950 and authorize the Executive Director to execute contract and
associated documents; and 2) Adopt Resolution No. 2007 -180. ROLL
CALL VOTE REQUIRED
Minutes of the Redevelopment Agency
Moorpark, California Page 2 September 19 2007
C. Consider Award of Bid and Project Approval for the Demolition of Grain
Silos at 192 High Street and Resolution Amending Fiscal Year 2007/08
Budget to Fund the Proiect. Staff Recommendation: 1) Approve the
removal of the grain silos; 2) Award bid to Standard Industries and
authorize execution of the Agreement, subject to final language approval
by the Executive Director and General Counsel; and 3) Adopt Resolution
No. 2007 -181. ROLL CALL VOTE REQUIRED
D. Consider Resolution Amending the Fiscal Year 2007/08 Budget for Los
Angeles Avenue (State Route 118) and Spring Road Parkway Landscape
Improvements. Staff Recommendation: Adopt Resolution No. 2007 -182.
ROLL CALL VOTE REQUIRED
6. CLOSED SESSION:
None was held.
AT THIS POINT in the meeting, a recess was declared. The time was 7:35 p.m. The
meeting reconvened at 8:01 p.m. for Item 4.A.
4. PUBLIC HEARINGS:
A. Consider Approval of Amendment No. 2 to the Redevelopment Plan for
the Moorpark Redevelopment Project. (This item to be tabled and heard
jointly with City Council Item 8.C.) Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; 2)
Adopt Agency Resolutions Nos. 2007 -179, 2007- , and 2007- ; 3)
Adopt Council Resolution No. 2007- , and 4) Introduce Ordinance No.
for first reading and schedule second reading and adoption for
October 3, 2007.
Mr. Montes stated, prior to opening Agency Item 4.A. jointly with City
Council Item B.C. the Agency will consider a motion to approve the
Redevelopment Agency Report to the City Council.
MOTION: Agency Member Mikos moved and Agency Member Millhouse
seconded a motion to adopt Resolution No. 2007 -179, approving its report to the
City Council prepared for the proposed Amendment No. 2 to the Redevelopment
Plan for the Moorpark Redevelopment Project and authorizing transmittal pf said
report to the City Council of the City of Moorpark. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting the City Council meeting was called back to order for
Item B.C. to be heard jointly with Agency Item 4.A. The time was 8:03 p.m.
Refer to the minutes of the City Council Item B.C. for discussion and public
speakers.
00000�:�
Minutes of the Redevelopment Agency
Moorpark, California Page 3 September 19 2007
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 11:59 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
0000 _ I
E W� •
Redevelopment AgAnc r
ACTION:afia&"i���.
;
Rio . Qo7
-03.
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager
BY: Jessica Sczepan, Administrative Specialis
DATE: October 10, 2007 (Agency Meeting of 10117/07)
SUBJECT: Consider Award of Bid and Project Approval for the Demolition of
347 and 675 Moorpark Avenue and Resolution Amending Fiscal
Year 2007/08 Budget to Fund the Project
BACKGROUND & DISCUSSION
The City acquired 675 Moorpark Avenue for use as a public works /parks corporation
yard in 1994. The Agency acquired 347 Moorpark Avenue, which is the old smog check
station located next to the Central Market in 2005. Both properties are now vacant and
the Agency is demolishing the buildings to allow for reuse of the property.
A notice inviting bids for the demolition of 347 and 675 Moorpark Avenue was published
on September 14 and 19, 2007. A job walk was held on September 20, 2007 and was
attended by eight contractors. Two bids were received by the due date of September
27, 2007. The results are:
American Wrecking, Inc. $39,549.00
Midwest Environmental Control, Inc. $36,285.00
The proposals were evaluated on their completeness and cost. The low bidder is
Midwest Environmental Control, Inc (MEC). MEC possesses the necessary
qualifications, resources, and experience to perform the work.
A budget amendment in the amount of $40,000 from the MRA — Area 1 Operations fund
is required to fund this project. This includes an approximate 10% project contingency.
000000
Honorable Agency Board
October 17, 2007
Page 2
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and removal of two commercial structures built
for an occupant load of less than 30 people, and there is no reasonable possibility that it
would result in a significant effect on the environment, either individually or cumulatively
in consideration of other reasonably foreseeable projects, it is the Planning Director's
determination that the project is categorically exempt from environmental review under
the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(3) of the
CEQA Guidelines. If this project is approved, a Notice of Exemption will be filed with the
County Clerk.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Approve the removal of 347 and 675 Moorpark Avenue; and
2) Award bid to Midwest Environmental Control, Inc. and authorize execution of the
Agreement, subject to final language approval by the Executive Director and
Agency Counsel, and
3) Adopt Resolution No. 2007-
Attachment 1 — Agreement
Attachment 2 — Resolution No. 2007-
000013S
ATTACHMENT 1
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK AND MIDWEST ENVIRONMENTAL CONTROL, INC.
FOR DEMOLITION SERVICES
THIS AGREEMENT 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
MIDWEST ENVIRONMENTAL CONTROL, INC. hereinafter referred to as
"CONTRACTOR ".
RECITALS:
WHEREAS, on September 27, 2007, the AGENCY invited bids for the demolition
of 347 and 675 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
AGREEMENT.
2. Term. The term of this AGREEMENT shall be from the date this AGREEMENT is
made and entered, as first written above, and shall be completed upon final acceptance
of the demolition project by the AGENCY and 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 AGREEMENT.
4. Precedence of Agreement Documents. If there is a conflict between the
AGREEMENT documents then the document highest in precedence shall control. The
precedence shall be as provided in Section 2 -5.2 of the Greenbook.
5. Agency's Obligations. For furnishing all labor, material and equipment as
specified in this AGREEMENT, and for performing all work as specified in this
AGREEMENT, AGENCY will pay and CONTRACTOR shall receive therefore
compensation in a total lump sum of thirty -six thousand two hundred and eighty -five
dollars ($36,285). 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
00000 `c
submittal of an approved payment request from the CONTRACTOR, proof of
compliance with this AGREEMENT, and AGENCY'S acceptance of the work specified,
and submittal of required releases, payroll reports and other documents required by the
payment schedule based on work progress. All payments shall be subject to applicable
retention requirements.
6. Obligations of the CONTRACTOR.
A. CONTRACTOR shall perform as required by this AGREEMENT. CONTRACTOR
also warrants on behalf of itself and all subcontractors engaged for the performance of
this AGREEMENT that only persons authorized to work in the United States pursuant to
the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
7. Audit. AGENCY shall have the option of inspecting and /or auditing all records
and other written materials used by CONTRACTOR in preparing its billings to AGENCY
as a condition precedent to any payment to CONTRACTOR. Contractor will promptly
furnish documents requested by AGENCY.
8. Indemnification. 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 Agreement or the performance of the Work
including but not limited to, death of or bodily or personal injury to persons or damage to
property, including property owned by or under the care and custody of AGENCY, and
for civil fines and penalties, that may arise from or be caused, in whole or in part, by any
negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of; in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this agreement or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees,
or Subcontractors.
00001)'7
4. Any failure of Contractor, its officers, agents or employees to comply with any
of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
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
AGREEMENT shall be in writing and shall be effective only upon written approval by
AGENCY.
10. Anti - Discrimination. In the performance of the terms of this AGREEMENT,
CONTRACTOR shall not engage in, nor permit subcontractors to engage in
discrimination in employment of persons because of the age, race, color, religious
6000,118
creed, sex, sexual orientation, national origin ancestry, physical disability, mental
disability, medical condition, or marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in Labor Code Section 1735.
11. Apprenticeship. CONTRACTOR must comply with all provisions of Labor Code
Section 1777.5
12. Termination. If, during the term of this AGREEMENT, AGENCY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained herein,
including the CONTRACTOR'S refusal or failure to prosecute the work on any separate
part thereof with such diligence as will ensure it's completion within the time specified or
any extension thereof, AGENCY may notify CONTRACTOR in writing of such defect or
failure to perform. The notice must give to the CONTRACTOR a five (5) calendar day
period of time thereafter in which to perform said work or cure the deficiency. This
includes, without limitation, increasing the work force and speeding delivery of
materials. If CONTRACTOR has not performed the work or cured said deficiency within
the five (5) days specified in the notice, such failure shall constitute a breach of this
AGREEMENT, and AGENCY may terminate this AGREEMENT immediately by written
notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further
duties, obligations, responsibilities, or rights under this AGREEMENT except, however,
any and all obligations of CONTRACTOR'S surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the termination
hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its
services performed from the beginning of the period in which the breach occurs up to
the day it received AGENCY'S Notice of Termination, minus any damages, including
liquidated damages if so provided herein, occasioned by such breach.
AGENCY reserves the right to delay any such payment, if any, until completion or
confirmed abandonment of the project, as may be determined in the AGENCY'S sole
discretion, so as to permit a full and complete accounting of costs. In no event,
however, shall CONTRACTOR be entitled to receive in excess of the compensation
quoted in its bid without prior written approval of the AGENCY.
13. Insurance. CONTRACTOR shall maintain prior to the beginning of and for the
duration of this Agreement insurance coverage as specified in Exhibit A attached to and
part of this agreement.
14. This AGREEMENT shall constitute the complete AGREEMENT between the
parties hereto. No oral agreement, understanding, or representation not reduced to
writing and specifically incorporated herein shall be of any force or effect, nor shall any
such oral agreement, understanding, or representation be binding upon the parties
hereto.
15. It is expressly understood between the parties to this AGREEMENT that no
employee /employer relationship is intended; CONTRACTOR is an independent
contractor.
000�)t-019
16. Time of Performance and Liquidated Damages. Time is of the essence in this
AGREEMENT.
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
AGREEMENT.
Should one party hereto learn of any such interest, income source, or business
relationship, such fact shall immediately be brought to the attention of the other party
hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the
conflict, AGENCY may terminate the AGREEMENT immediately for non - performance
pursuant to Section 12 herein.
18. Successors and Assigns. The terms hereof shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto; provided, however, that
no party hereto shall assign any of the benefits and burdens hereunder, whether
voluntarily or by operation of law, without the prior written consent of the other party,
and any such assignment without said consent shall be void.
19. Notices. All written notices required by, or related to this AGREEMENT shall be
sent by United States mail, postage prepaid by registered or certified mail addressed as
listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the
parties to this AGREEMENT shall promptly inform the other party of any change of
address. All notices required by this AGREEMENT are effective on the day of receipt,
unless otherwise indicated herein. The mailing address of each party to this
AGREEMENT is as follows:
AGENCY:
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Agency Contact:
Steven Kueny, Executive Director
CONTRACTOR:
Midwest Environmental Control, Inc.
P.O. Box 278
4919 Contractor Road, Trailer M
Edwards AFB, CA 93523
Contractor Contact:
Dale Brunl
G" C,U 0 LIAL0
20. Governing Law. The AGENCY and CONSULTANT understand and agree that
the laws of the State of California shall govern the rights, obligations, duties, and
liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County, California.
21. Authority to Execute Agreement. Both AGENCY and CONTRACTOR do
covenant that each individual executing this AGREEMENT on behalf of each party is a
person duly authorized and empowered to execute AGREEMENTS for such parry.
REDEVELOPMENT AGENCY OF CONTRACTOR:
THE CITY OF MOORPARK
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A" Insurance Requirements
Exhibit "B ": Bid Documents
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
agreement, 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.
600012
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
0006113
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 fuill 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 Agreement. 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
()'G, OiUl
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 agreement 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 agreements 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
00oil -IS
waive any rights hereunder in this or any other regard.
16. CONTRACTOR will renew the required coverage annually as long as AGENCY, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. The insurance shall include but not be limited to products
and completed operations and discontinued operations, where applicable. Termination
of this obligation is not effective until AGENCY executes a written statement to that
effect.
17. CONTRACTOR agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the AGENCY, and to require all
subcontractors and any other person or entity involved in the project contemplated by
this agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on other
requirements or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be all- inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and superseded by
the requirements contained herein. These insurance requirements are intended to be
separate and distinct from any other provision in this agreement and are intended by the
parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to
provide a separate aggregate limit for the project that is the subject of this agreement
and evidencing products and completed operations coverage for not less than two years
after issuance of a final certificate of occupancy by all appropriate government agencies
or acceptance of the completed work by AGENCY.
21. CONTRACTOR agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge AGENCY or
CONTRACTOR for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to AGENCY. It is not
the intent of AGENCY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against AGENCY for payment 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.
t1el 0 i;lC
EXHIBIT B
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
Project Manual
and
Specifications
Demolition of Structures and
Site Clearing at 347 and 675 Moorpark Avenue, Moorpark, California
Bid Due Date and time:
September 27, 2007 at 3:00 p.m.
600017
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 — 347/675 Moorpark Avenue Page 2 of 57 o OO 018
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 347 AND
675 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 September 27, 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 — 347 and 675 Moorpark Avenue
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, alternative proposals, or any other
modification or deviation of the Bid Form which is not specifically called for in the
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 3 of 57
Instructions to Bidders (continued)
contract documents may result in the Agency's rejection of the bid as being non-
responsive. Non - substantial deviations may be permitted provided that the bidder
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made solely by the
Agency.
BID FORMS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for
an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that
the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance
and will prepare the required submittal documents and execute the contract. The Bid
Bonds for those bids that were not selected will be returned to the Bidders upon award
of the contract by the Agency Board.
The bidder to whom award is made shall execute a written contract with the Agency
within ten (1 0) 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
Advise the person answering the phone that you have a question regarding the
Demolition Projects. 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 — 347/675 Moorpark Avenue Page 4 of 57
r)t3i3.Q
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
than the designated project representative, 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 — 347/675 Moorpark Avenue Page 5 of 57 000 JZ
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 347 and 675 Moorpark Avenue,
Moorpark, California
Bids To Be Received – Before 3:00 p.m. on September 27, 2007
_��l�r�t�_------- - - - - --
CONTRACTOR
Name -DA F jt�kRt1 j---------- - - - - -- - - - - - -- ----- - - - - --
Street Address K0.
AGENCY ___ ............... State — — Zip Code
35 ..... —....
Telephone Number(6 tel zt�;s -Fo e0
Contractor's License No Class-0--al , Expiration Date--17DL IZA0- -- ________ - --
(98a3q-3
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
f
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. 347 Moorpark Avenue Lump Sum Base Bid 93S -611) _-- _ –_ - - -)
2. 675 Moorpark Avenue Lump Sum Base Bid ($–LI-- __-
-- -------
)
Total Lump Sum Base Bid (all properties): ($ n, .1 35-, )
___ =S1aC y Lt1�tGDq/_ _____— dollars and — b?C}_ —___ Cents
U
Moorpark Redevelopment Agency
Structure Demolition – 347/675 Moorpark Avenue
Bid Package
Page 6 of 57
(.r;ood Z2
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Number of calendar days for completion: 3-5-
Bid Due Date/Time: September 27, 2007 before 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
347 and 675 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: - -__ - -- Date:__— ______
Bid Addenda Number:
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: (`n;�T'- �1L2p11Ed1��i LQ�IP��Y - -_ - --
(Signature — Authorized Representative)
Title: QAD* -T —'fi1 �_-- - - - - -- Dated: -- ------- - -----
Moorpark Redevelopment Agency
Structure Demolition - 347/675 Moorpark Avenue
Bid Package
Paae 7 of 57 i;.Nf
3
i NON - COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF ) SS.
AGENCY OF
PrLic _�g jjAL4.-- _being first duly sworn, deposes and says that he /she is
of j�_________ the party making the foregoing bid; that the
bid is not d 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;
i 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
i proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Name of Bidder Name of Bidder
041_F 3iztt bl� /�
Signature of Bidder Signature`of Bidder
U1��7�tF���?i4 93s� 3
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
r•
Moorpark Redevelopment Agency
Structure Demolition — 347 /675 Moorpark .Avenue
a
Bid Package
Page 8 of 57 l �u f Z 4
JURAT
State of :
California
County of:
Subscribed and sworn to (o"f€}rnw) before me
this day of ; 20c=' j , by
Date Month Year
/Y t} t1
\1
Name of Signer (a1
(2)
Name of Signer (s)
Persona4y -known to -me proved to me on the basis of satisfactory evidence
to be the person (s4 who appeared before me.
WITNESS my hand and official seal
KARYN BLANCHARD
Comm. #1669365 z
°
X
Notary Public • California o
s
Kern County
M
My
Comm. Expires Ma 23, 2010
Signature of Notary Public
Place Notary Seal Above
()V ()ztrS 5
w
09/2-11/2007 13:37 6612589024
MEC UIC
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
PAGE 03/04
Midwest Environmental Control I International Fidelity Insurance Company
That we, ____1 as5rincipal, and —_ _
as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment
Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be
paid to said Agency if the Proposal shall be accepted and the Principal shall fail to
execute the contract tendered by the Agency within the applicable time specified in the
Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is herby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this 27thday of September
Moorpark Redevelopment Agency
Structure Demolition — 347/675 Moorpark Avenue
20 07
Contractor Midwest Environmental Control, Inc.
E3 y
Title - - - -- - - - --
Title
SUret 'International Fidelity Insurance Company
41uffan�,Hurd
Bid Package
Paae 9 of 57
oo, oate:f
09/1/2007 13: 37
6612589024
MEC INC
FORM TO ACCOMPANY BID BOND
TO BE EXECUTED
BY BIDDER, AND SUBMITTED WITH BID
STATE OF Ohio )
COUNTY OF Franklin) SS,
CITY OF Columbus )
PAGE 04/04
On this 24th day ^TSeptember__ —_ of 07
— - -- _
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Susan E. Hurd
known to be the Attorney In Fact of International Fidelit n urance^ Company
�� nc tie same
Person whose name is subscribed to the within instrument as the Attorney in Fact of
International Fidelity Insurance Company �° "-- -- -- --
said and the said Susan E. Hurd - - -__ ^— duly
acknowledge to me that he /she subscribed the name of Susan E. Hurd
thereto as surety and his /her own as Attorney In Fact
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
CATHY NOSKOWMK,Nomrypublic `
Kathy L. Noskowiak
�,. Not
aryy Public in and for said
County a'nd State aforesaid
If certified or cashier's check is submitted herewith, state number
and amount
Moorpark Redevelopment Agency
Structure Demolition — 347/675 Moorpark Avenue
Bid Package
Page 10 of 57
{dC10 az
Tel (973) 624 -7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
FOR BID BOND /RIDER /CONSENTS /AFFIDAVITS
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
.... ... .... ......... ............. ... . ................ . ...... ............ ....................... . ........ .- .................... . ............................................ .. .... .......... ............................... ....... _.... ._........_........ ..........
_.
SUSAN DIEHR, CRAIG S. MARKOS, DEBRA J. FISCHER, SUSAN E. HURD, STEPHEN J. FEDERER,
ROBERT B. ROBINSON
Dublin, OH.
...................................................... ....... ..................................................... ... ............................ .......
............................................................................................. ..............................:
its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or ermitted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and ma yy be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 19974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
N Q CITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
WIN signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
SEAL ` r�'e+ IN'T'ERNATIONAL FIDELITY INSURANCE CO
Z 1904 STATE OF NEW JERSEY
p
`�' County of Essex
JE�5
Secreta
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
��1p►�Q+!/ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
NOTARY
O
PUBLIC �.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 27th day of September 2007
Assistant Secretary �'�
Office of Financial
Ohio Department of Insurance
Effective
Regulation Services
Expires
04/01/08
2100 Stella Court
Ted Strickland - Governor
Columbus, OH
Mary Jo Hudson - Director
43215 -1067
(614) 644 -2658:
Fax (614) 644 -3256
Certificate of Compliance
www.ohloinsurance.gov
Issued
03/29/07
Effective
04/02/07
Expires
04/01/08
I, Mary Jo Hudson, hereby certify that I am the Director of Insurance in the State of Ohio and have
supervision of insurance business in said State and as such I hereby certify that
INTERNATIONAL FIDELITY INSURANCE
is authorized to transact the business of insurance under the following section(s) of the Ohio Revised Code:
Section 3929.01 (A)
Fidelity
Surety
INTERNATIONAL FIDELITY INSURANCE certified in its annual statement to this Department as
of December 31, 2006 that it has admitted assets in the amount of $149,565,807, liabilities in the
amount of $76,318,974, and surplus of at least $73,246,833.
IN WITNESS WHEREOF, I have hereunto subscribed my name and caused my seal to be affixed at
Columbus, Ohio, this day and date.
RrMeN7" o
�o
`�`-� G
ti
W y
Mary Hudson "1
Director
INS7230(Rev.6/2003) Accredited by the National Association of Insurance Commissioners (NAIC)
ty0 () U2:`�
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20nl FLOOR, NEWARK, NEW JERSEY 07102 -5207
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 2005
ASSETS
Bonds (Amortized Value) .... ...............................
Common Stocks (Market Value) ..............................
Mortgage Loans on Real Estate ...............................
Cash & Bank Deposits ...... ...............................
Short Term Investments ..... ...............................
Unpaid Premiums & Assumed Balances ........................
Reinsurance Recoverable from Reinsurers .......................
Electronic Data Processing Equipment .........................
Investment Income Due and Accrued ..........................
Net Deferred Tax Assets ...................................
Funds Held in Escrow Accounts ..............................
Collateral Funds Held Under Contract .........................
OtherAssets ............. ...............................
$61,170,779
6,494,860
2,337,200
29,053,332
1,893,445
3,587,653
496,427
118,379
915,348
2,500,000
18,970,639
(18,970,639)
2.048.562
TOTAL ASSETS .. ............................... 110.615.985
LIABILITIES, SURPLUS & OTHER FUNDS
Losses (Reported Losses Net as to Reinsurance Ceded and
Incurred But Not Reported Losses) ............................
$14,463,029
Loss Adjustment Expenses ... ...............................
3,720109
Contingent Commissions & Other Similar Charges ................
2,303,181
Other Expenses (Excluding Taxes, Licenses and Fees) ..............
1,181,174
Taxes, Licenses & Fees (Excluding Federal Income Tax) .............
834,587
Current Federal & Foreign Income Taxes .......................
730,100
UnearnedPremiums ....... ...............................
22,360,672
Ceded Reinsurance Premiums Payable .........................
1,431,339
Amounts Withheld by Company for Account of Others .............
174,048
Provisions for Reinsurance ... ...............................
12,996
Other Liabilities ........... ...............................
4.400
TOTAL LIABILITIES ..........................
47,215,F3
Common Capital Stock ..... ............................... $1,500,000
Gross Paid -in & Contributed Surplus .......................... 374,600
Surplus Note ............. ............................... 16,000,000
Unassigned Funds (Surplus) . ............................... 45,525,750
Surplus as Regards Policyholders ................. 63.400,350
TOTAL LIABILITIES, SURPLUS & OTHER FUNDS .... 110.615.985
I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the
foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business,
December 31, 2005, as reflected by its books and records and as reported in its statement on file with the Insurance
Department of the State of New Jersey.
t`OB t a /yfA IN TESTIMONY WHEREOF, I have set my hand and affixed the
�
3 c,° A�l,.m seal of the Company, this 241h day of February 2006.
190+1 o
INTERNATIONAL FIDELITY INSURANCE COMPANY
/
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1'
i
r
1
1
1
1'
r
1
1'
1_
1
1;
i
r
1
/
1
1
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: X
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to complete the work included within the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name:
Contact Individual: Phone No. Mo) 435- SW/-
Address: ace N oaa4. l- uw;,►_. QaQ11ALRA 0,A 9S0 S5<
Contract Amount: 617q, ow, 4 Year:
Description of work done: n I
- ibo►�eNno�,�J% �,v�>� 1�Q.0MAh�A�..J c1Y�
Reference No. 2
Customer Name:
Contact Individual:
Address:
Contract Amount: 10 [ogo.&rn.,1v
Description of work done:
Reference No. 3
Customer Name:
Contact Individual:
Address:
Contract Amount:
Description of work
Year: c007
Y _Qp. UOBW& Phone No. (wpt—) x'77- µy7S"
5 )V. %�d CR rYJc�.u/J , E0�wartL l A r6 , o-,4 93s3 3
gta,(pS� 3as.� Year: X0'7
Moorpark Redevelopment Agency
Structure Demolition — 347/675 Moorpark Avenue
Bid Package
Page 71 of 57
(3 0 tl 0 131 1.
i
r
M
F
1
1'
1
1
1`
1
1
1
1
1
1
1
1
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF 1J-6JL/yL,
I am the
Of
c,Jd . bidder
I have read the foregoing statement and know the
contents thereof; and I certify that the same is true to my knowledge, except as to those
matters which are therein stated upon my information or belief, and as to those matters I
believe it to be true.
Executed on q has /o at F&WwAI3_AF1 , California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
Moorpark Redevelopment Agency
Structure Demolition — 347/675 Moorpark Avenue
Signature of Bidder
Signature of Bidder
Title
Bid Package
Page 12 of 57 v U:
1
1
1
1
r
1
1
1
1
1
1>
1
1
1
1
1
I
1
COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti- smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time Agency issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, Agency may give notice of default to
Contractor, and at the Agency's option, elect any and all rights or remedies set forth in
this agreement.
Approved by Contractor:
Title
Date !!�d -- __
Moorpark Redevelopment Agency
Structure Demolition — 347/675 Moorpark Avenue
Bid Package
Page 13 of 57 1 0 �fk3l 13
y
P
1
r
r
1
i
i
1
1
1
1
1
1
1
1
1
1
1
1
1
!
1`
WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public
works contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
By—
Moorpark Redevelopment Agency
Structure Demolition – 347/675 Moorpark Avenue
Date: _ —� /as-/o —_
Bid Package
Page 14 of 57 (`; +_`2 4
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. N I1t
PLEASE PRINT LEGIBLY
Name Under Which
Percent
Subcontractor is License
Type of work to
Licensed No.& Class
Business Address
Work be done'
i
1!
Total Percentage Z
Signature(s) of Bidder
Date
F
Based on contract price
Z May not exceed 50% of contract price.
See Greenbook Section 2 -3.2
Moorpark Redevelopment Agency
Bid Package
Structure Demolition — 347/675 Moorpark
Avenue
Page 15 of 57 _
1
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 347 and 675 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 , 19.
Contractor
Title
Surety
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 27 of 57 Er f , 37
FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of , 20
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
known to be the of and the same
person whose name is subscribed to the within instrument as the of
said and the said duly
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
IN WITNESS WHEREOF, 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 — 347/675 Moorpark Avenue Page 28 of 57 G��,
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 347 and 675 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 — 347/675 Moorpark Avenue Page 29 of 57
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of , 19
Contractor
Title
Title
S u rety
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 30 of 57
FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
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 herein, duly
commissioned and sworn, personally appeared, known to be
the of and the said duly
acknowledged to me that subscribed the name of
hereto as Surety and own as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 31 of 57
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 — 347/675 Moorpark Avenue 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 — 347/675 Moorpark Avenue Page 33 of 57 600043
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 — 347/675 Moorpark Avenue Page 34 of 57
CMUt.144
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 — 347/675 Moorpark Avenue Page 35 of 57
(s0004 i
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 — 347/675 Moorpark Avenue Page 36 of 57
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 — 347/675 Moorpark Avenue Page 37 of 57
OGOU4
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 — 347/675 Moorpark Avenue Page 38 of 57
0001AS,
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 — 347/675 Moorpark Avenue Page 39 of 57
0 00J49
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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 40 of 57
01 0 E f)
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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 41 of 57
0091.,}U51
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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 42 of 57
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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 43 of 57
000053
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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 44 of 57
() L 0 ki I p
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:
1. a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
Agency, directing a change in the work and stating a proposed basis for adjustment, if
any; in the Contract lump sum or Contract time, or both. The Agency may, by
construction change directive, without breaching the contract, order changes in the work
within the general scope of the Contract consisting of additions, deletions or other
revisions, the Contract lump sum and Contract time being adjusted accordingly, in
accordance with provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
1. Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the Agency of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
6.3.5 A Construction change directive signed by the Contractor indicates the agreement
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 45 of 57 , 0 0 t .
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:
1. Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75 /day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the Agency for a
deletion or change which results in a net decrease in the Contract lump sum shall be
actual net cost as confirmed by the Agency. When both additions and credits covering
related work or substitutions are involved in a change, the allowance for overhead and
profit shall be figured on the basis of increase, if any, with respect to that change.
6.3.8 If the Agency and Contractor agree with the determination concerning the
adjustments in the Contract lump sum and Contract time, or otherwise reach agreement
upon the adjustments, such agreement shall be recorded by preparation and execution
of an appropriate change order. Change Orders do not become effective until executed
by all parties.
6.3.9 If the Agency and Contractor do not agree on adjustments to the Contract lump
sum or Contract time, then this shall be considered a dispute and shall be resolved
pursuant to the provisions of Section 4.4 of these General Conditions.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 46 of 57 CIO
ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and /or hours, including authorized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
issued by the Agency. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the Agency.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the
Agency in writing, prematurely commence operations on the site or elsewhere prior to
the effective date of insurance required by the Contract to be furnished by the
Contractor. The date of commencement of the work shall not be changed by the
effective date of such insurance. The date of commencement will be established by a
notice to proceed given by the Agency.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the contract. He /she may request an extension listing reasons for the delay
and submitting substantiating evidence. If the Agency determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 47 of 57
()G() k1114.
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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 48 of 57
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:
1. Defective work not remedied;
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 49 of 57 ty,��
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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 50 of 57 f �,�
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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 51 of 57
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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 52 of 57 f V "J
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 Contract 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 — 347/675 Moorpark Avenue Page 53 of 57 00144 ���
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 — 347/675 Moorpark Avenue Page 54 of 57
0001064
Technical Specifications
For the
Demolition of Structures and Appurtenances at 347 and 675 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, 1 property tested positive for asbestos containing materials (ACM)
and 1 property tested positive for presumed asbestos containing materials (PACM). 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 and PACM 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.
2. Demolish and remove all structures, paving, footings, walkways, trash,
debris, landscaping, organic material, large boulders, bricks, blocks, miscellaneous
abandoned items, shrubs and trees as indicated on site maps inside of the property
lines at 347 and 675 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 chooses
to self -haul recyclable /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 675 Moorpark Avenue, Contractor
is to complete the chain link fence around the perimeter of the properties with
permanent fencing that matches the existing fence and tie it into the existing fencing.
Fence must be equal in height to the existing fence and have a vehicle gate entry onto
the property from Moorpark Avenue.
4. Remove all underground electrical conduits, gas lines, waterlines, sewer lines
and associated septic tanks and leach lines, irrigation lines, 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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 55 of 57
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.
5. 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.
6. 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, as described in section 2 above.
7. 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.
8. 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.
9. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
10. No blasting will be permitted, burning of rubbish at the site is not allowed.
11. Site and surrounding areas to be left clean and free of any debris, organics
pavement or other unsuitable materials and graded level.
12. 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
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 347/675 Moorpark Avenue Page 56 of 57
f10ELI!01cF
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.
13. 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.
14. 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.
15. 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.
16. 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 — 347/675 Moorpark Avenue Page 57 of 57
Environmental Consulting Services
asbestos • mold • lead • property assessment
forbess consulting group, inc.
June 22, 2007
Ms. Jessica Sczepan
City of Moorpark Redevelopment Agency
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Pre - Demolition Asbestos Survey
347 Moorpark Avenue
Moorpark, CA 93020
Dear Ms. Sczepan:
Per your request, Forbess Consulting Group performed a Pre - Demolition Asbestos Survey at the
above - referenced property on April 20, 2007. The investigation was performed by Matt Thrift, a
CA Certified Site Surveillance Technician (# 97- 2301), under the supervision of Alan Forbess, a
CA Certified Asbestos Consultant (# 94- 1549). This report documents the findings of our survey.
1.0 Background
The subject site is a former gas station which was converted to a smog test and automotive repair
center. The site is currently abandoned and scheduled for demolition as part of a city
redevelopment project. FCG was contracted to perform an asbestos survey to identify ACM
(asbestos containing materials) so that they can be properly abated prior to demolition in
accordance with federal, state and local regulations.
2.0 Scope of Work
Per the terms of FCG's original Service Agreement dated February 8, 2007, the survey was
conducted to document the presence of asbestos containing materials (ACM) at the subject site
and provide recommendations for abatement as appropriate. The assessment included the
following components:
• A visual inspection of all interior and exterior building components to identify suspect
asbestos containing materials (ACM).
• The collection of bulk samples from suspect materials for submittal to a state - certified
laboratory for analysis by polarized light microscopy (PLM) methods to document the
asbestos content. The laboratory analytical data is attached for your review.
• All field observations, laboratory data and findings have been evaluated and summarized
in this written report, with recommendations for further action provided as necessary.
1009 Mercer Avenue tel: 805.646.1995
Ojai, CA 93023 fax: 805.640.1650
Forbess Consulting Group, Inc Pre- Demolition Asbestos Survey
June 22, 2007 347 Moorpark Avenue, Moorpark, CA 93020
3.0 Visual Observations
The following visual observations were noted during our inspection of the subject site:
• The structure is constructed of metal framing and siding, with interior partition walls with
wood framing and painted drywall.
• No crawlspace or attic was observed.
• The structure was built on a concrete slab.
• There was no Thermal Systems Insulation (TSI) observed on air conditioning or
plumbing systems.
• The roof was not accessible and therefore was not inspected. Based on the potential for
asbestos in roof penetration mastic, the roofing mastic is Presumed Asbestos Containing
Material (PACM).
Suspect Materials: After a visual inspection was completed, the following suspect asbestos
materials were noted:
• Drywall with Joint Compound
• 12 "x12" Black Floor Tile with Mastic
• Roofing mastics (PACM)
4.0 Bulk /Surface Sampling
On April 20, 2007, FCG collected 6 bulk samples from suspect asbestos containing materials at
the above referenced property. The samples were collected and forwarded to Forensic
Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were
analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area
Estimation. This section outlines the methodologies for bulk/surface sampling. The results of
the bulk/surface sampling are included in Tables 1 and 2 below.
Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal
area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector
places the sample in a sealed sample container and plots the sample location on a site plan.
Each sample is documented by labeling the container with a unique identification number,
entering the sample data onto a bulk sample log, and storing the sample in a secure location.
Throughout the process, special care is taken to prevent cross - contamination of the collected
samples. Sampling equipment is cleaned prior to taking each sample and sample bags are
placed directly beneath each sample location to collect any material that may become
dislodged.
Once the sample containers have been collected and logged, chain -of- custody forms are
completed and the samples are transferred by a commercial delivery service to an asbestos
certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in
compliance with all current EPA, State and NIOSH regulations.
Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a
laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the
State of California Department of Health Services, and the American Industrial Hygiene
Association (AIHA). Polarized light microscopy (PLM) methods were used to determine
347 Moorpark Ave Asbestos survey
Forbess Consulting Group, Inc
June 22, 2007
Pre - Demolition Asbestos Survey
347 Moorpark Avenue, Moorpark, CA 93020
asbestos fiber concentrations in bulk building material samples. PLM is applicable for the
analysis of building survey submissions and other bulk materials.
Bulk Sampling Results: The tables below provide a summary of all analytical data from
collected samples. Please refer to Attachment A for complete laboratory analytical results.
Tahla 4 • Achncfnc Riilk Samnla Results _ 5250 Ralston_ VP_ntura
Sample
Sampler e
r )
a p ocatioin""
'o/ Asb
t
ID
I
D= noneMtle ected
1
Drywall with Joint
Garage 2
ND
Compound
2
Drywall with Joint
Garage 1
ND
Compound
3
Drywall with Joint
Garage 2
ND
Compound
4
12 "x12" Black
Floor Tile with
Sales Office
ND
Mastic
5
12 "x12" Black
Floor Tile with
Sales Office
ND
Mastic
12 "x12" Black
6
Floor Tile with
Sales Office
ND
Mastic
Asbestos Classifications:
Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its
ability to become airborne. Class 1 materials are defined as friable materials including TSI and surfacing ACM and
presumed ACM. Class 2 materials are defined as ACM which is not TSI or surfacing material. This includes, but not
limited to wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
5.0 Summary of Asbestos Survey Results
All suspect materials tested during our assessment were negative for asbestos, including:
• Drywall Joint Compound
• 12 "x12" Black Floor Tile and underlying mastic
Presumed Asbestos Containing Materials (PACM):
• Roofing penetration mastics''
'The roof was not accessible during our survey due to height restrictions and was therefore not inspected.
6.0 Conclusions & Recommendations
An asbestos survey of the subject site has been completed. Based on our visual observations
and our evaluation of analytical data, the only asbestos containing materials identified are as
follows:
• Roofing penetration mastics (Presumed ACM)
Recommendations: The following recommendations are provided for your consideration prior
to demolition of the structure in question:
347 Moorpark Ave Asbestos survey
s
G, 0, O , 1, 0
Forbess Consulting Group, Inc
June 22, 2007
Pre - Demolition Asbestos Survey
347 Moorpark Avenue, Moorpark, CA 93020
1. The following materials are presumed asbestos containing materials (PACM) and should
be treated as asbestos under current federal, state and local regulations:
o Roofing penetration and flashing mastics (throughout exterior roofing)
2. The roofing materials may be tested prior to demolition to positively identify the presence
of asbestos. Without testing to prove otherwise, all roofing mastics should be handled
as asbestos.
3. All asbestos or PACM must be removed or abated prior to demolition work or other
disturbances which might result in asbestos fiber emissions.
4. All identified ACM must be disturbed only by properly trained, licensed asbestos
abatement contractors using appropriate controls to prevent fiber emissions during the
removal process. This may include the use of wet methods (water mist), HEPA filtration,
negative pressure containments or other engineering controls designed to keep dust and
fibers from being dispersed.
5. Workers performing asbestos removal should be properly protected to prevent exposure,
including the use of respiratory protection with HEPA filtration, protective suits, and
similar personal protective equipment in accordance with federal and state regulations.
6. Asbestos containing waste materials must be properly contained and transported for off
site disposal at a permitted disposal facility.
7. We strongly recommend that all asbestos abatement work be monitored by a Certified
Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working
under the supervision of a CAC. This should include area monitoring and final air
clearance testing upon conclusion of field work to ensure all abated areas are within the
EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact
FCG at (805) 646 -1995 for a cost estimate to provide these services.
8. The local enforcement agency for asbestos removal projects is the Ventura County Air
Pollution Control District (VCAPCD). They require notification for removal of friable,
asbestos containing materials in quantities which exceed 160 square feet or 260 linear
feet. As the only ACM found on this project site is non - friable, it appears that no
notification is required. Regardless of the type of asbestos and the quantities found, we
recommend that that this survey report be submitted as a courtesy along with any
required notifications for APCD review. The local Building Department may also require
notification and survey information prior to issuing a demolition permit. We recommend
that you contact the APCD and local Building Departments directly for further information
regarding permitting and regulatory requirements.
The contractor conducting abatement work is responsible for complying with local, state
and federal standards for worker protection and NESHAPS regulations regarding
asbestos fiber emissions. Proper removal techniques must be followed to prevent the
dissemination of asbestos fibers. Notification and permitting is typically the responsibility
of the abatement contractor and /or property owner. If you would like assistance
regarding these matters or would like the names of qualified contractors in your area,
please feel free to contact FCG at 805.646.1995.
347 Moorpark Ave Asbestos survey
4
t � 0 k)" 1
Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey
June 22, 2007 347 Moorpark Avenue, Moorpark, CA 93020
Limitations Statement
The data compiled and evaluated as part of this assessment was limited.and may not represent
all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in
thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI),
acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage.
This assessment reflects the data collected from the specific locations tested to identify
Asbestos Containing Materials (ACM) in those locations and may not be all encompassing.
There is always potential for asbestos containing materials to be missed due to problems with
accessibility, and the broad variety of uses. The conclusions and recommendations presented
within this report are based on current regulations and the professional experience of the
certified professionals involved in this project.
The data collected during this assessment and any resulting recommendations shall be used
only by the client for the site described in this report. Any use or reliance of this report by a third
party, including any of its information or recommendations, without the explicit authorization of
the client shall be strictly at the risk of the third party.
It should not be misconstrued that this assessment has identified any or all environmental
conditions at the subject site. FCG makes no representations regarding the accuracy of the
enclosed data and will not be held responsible for any incidental or consequential loss or
punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility
or land, delay in construction or action of regulatory agencies.
If you have any questions or concerns regarding the information provided, please do not
hesitate to call us at 805.646.1995.
Forbess Consulting Group, Inc.
Prepared by:
Alan Forbess, Principal Consultant
Certified Asbestos Consultant #94 -1549
347 Moorpark Ave Asbestos survey
Attachment 1
Laboratory Results
t� ALFitj
Attachment 2
Drawings /Sample Locations /Field Notes
()0061'7 4
Forensic Analytical
Bulk Asbestos Analysis
(EPA Method 600/R -93 -116, Visual Area Estimation)
Forbess Consulting Group, Inc.
Alan Forbess
1009 Mercer Avenue
Ojai, CA 93023
Job ID /Site: Moorpark-04,347 Moorpark Ave.
Final Report
Client ID:
7238
Report Number:
B098098
Date Received:
04/23/07
Date Analyzed:
04 /26/07
Date Printed:
04/26/07
First Reported:
04/26/07
FASI Job ID: 7238
I of 2
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813-9417 / Fax: (310) 763 -8684 t
Total Samples Submitted: 6
Date(s) Collected: 04/18/2007
Total Samples Analyzed: 6
Asbestos
Percent in
Asbestos Percent in Asbestos Percent in
Sample ID Lab Number Type
Layer
Type Layer Type Layer
1
50381449
Layer: White Drywall
ND
Layer: White Skimcoat /Joint Compound
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (20 %) Fibrous Glass (3 %)
2
50381450
Layer: White Drywall
ND
Layer: White Skimcoat /Joint Compound
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (20 %) Fibrous Glass (3 %)
3
50381451
Layer: White Drywall
ND
Layer: White Skimcoat /Joint Compound
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (20 %) Fibrous Glass (3 %)
4
50381452
Layer: Black Tile
ND
Layer: Tan Mastic
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
5
50381453
Layer: Black Tile
ND
Layer: Tan Mastic
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
6
50381454
Layer: Black Tile
ND
Layer: Tan Mastic
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
I of 2
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813-9417 / Fax: (310) 763 -8684 t
Client Name: Forbess Consulting Group, Inc.
Report Number: B098098
Date Printed: 04/26/07
Asbestos Percent in Asbestos Percent in Asbestos Percent in
Sample ID Lab Number Type Layer Type Layer Type Layer
Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory
Note: Limit of Quantification ('LOQ) = 1 %. 'Trace' denotes the presence of asbestos below the LOQ. 'ND'= 'None Detected'
Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or
copies of same will not be released by Forensic Analytical to any third party without prior written request from client- This report applies only to the sample(s) tested. Supporting
laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the
use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by NVLAP or any other
agency of the U.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed. Forensic Analytical reserves the right to dispose of
all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless
otherwise noted.
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813-9417 / Fax: (310) 763 -868 ) d b ij ti
MPnrancirr Analvtir`al
Analysis Request Form
W_
Client Name & Address:
r c S S r,,n S
: �+. I r i U1i1
P.O. #: Date: 4 f
/ o;;,
. 'r
Turn Around Time: hr/ 12hr / 24hr 148 hr I ext:
k�
Due Date: l I Due Time: _ -_
amt pm
ll
3
PLM: 71d"andard / ❑ Point Count O PCM: NIOSH 7400
on 1
r
❑ TEM Air: C3 AHERA / C3 Yamate2 l C3 NIOSH 7402
❑ TEM Bulk: ❑ Quantitative/ ❑ Qualitative/ ❑ Chatfield
❑ TEM Water: O Potable I ❑ Non - Potable 1 ❑ Wt %
❑ TEM Microvac
Phone #:
_
Fax #:
❑ Special Project:
Site:
d 0
Z
❑ Metals Analysis: Method
Matrix:
Anal :
Job:
g gZ 341
Comme ts:
G�ar1cS S# .
Sample ID
Date!
Time
Sample LocatiordDescription
FOR AiR SAMPI:ES,ONLY
Sample
Area or
Air
Volume
Type
TimeOn!(5ff
Avg LPM
Total ';
':Time -
A
P
C
A
P
C
A
P
C
A
P
C
C
A
P
C
A
P
C
A
P
C
A
P
0
Sampled by: Date: ! ! Time:
Shipped via: O Fed Ex ❑ Airbome O UPS ❑ US Mail O Courier ❑ Drop Off ❑ Other:
Relinquished � ��� �
Date II Tlme:q /`/
j
Relinquished by:
Date I Time:
Relinquished by:
Date I Time
Received by:
Date I Tlme: �� 11 o�
Condition Acceptable? 0 Yes
�.Ov
�
❑ No
Received by:
Date I Time:
I Condition Acceptable? ❑ Yes ❑ No
Received by:
Date I Time:
I Condition Acceptable? ❑ Yes
❑ No
San Francisco Office: 3777 Depot Road, Suite 409, Hayward, California 945451 Telephone: (510)887 -8828 (800)827 -FAST / Fax: (510)887 -4218
Los Angeles Office: 2959 Pacific Commerce Drive, Rancho Dominguez, California 90221 / Telephone: (310)763 -23741 Fax: (310)763 -8684
Portland Office: 17400 SW Upper Boones Ferry Road, Suite 245, Durham, Oregon 97224 /Telephone: (503)595 -1001 (877)410 -18881 Fax: (503)595 -1006
Las Vegas Office: 3900 Paradise Road, Suite 181, Las Vegas, Nevada 89109 /Telephone: (702)784 -0040 /Fax: (702)784 -0030 _
000U,_0 I
i"�
FCG
Date: 4/ 1$12007
Client: City of Moorpark
Site: c
Project: Moorpark -
Inspector(s): Matthew Thrift
Friable: Friability Codes: N= Non - friable; F= Friable
Cond: Condition Codes: G =Good; F =Fair; P =Poor
NA =Not Analyzed
ND= Detected
T
N
-3'A-+ KoorVkrk Ave,
L
GaC�st Z-
3
o FG;cc
Li/ IS' /o -�
Art\ 10 1d5, / No Cc�vk ar a�rt;c a�c�. , COACCCV, Sk4-S.
TS t obse,lt,(.
;� �o•�r iS rroi &- creo,ltt . Anvmc fc.c�raj1. ^) an 466
iJ Cy w -k\
w / 3" . c •
` W -.k\ �yctVCGn
(04fwsc
:L j Z-
Ly
ROO,
T�It of 1�wsi:C
(S�1cS
o1L:ct too SF
Art\ 10 1d5, / No Cc�vk ar a�rt;c a�c�. , COACCCV, Sk4-S.
TS t obse,lt,(.
;� �o•�r iS rroi &- creo,ltt . Anvmc fc.c�raj1. ^) an 466
Environmental Consulting Services
asbestos • mold • lead • property assessment
forbess consulting group, inc.
June 22, 2007
Ms. Jessica Sczepan
City of Moorpark Redevelopment Agency
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Pre- Demolition.Asbestos Survey
675 Moorpark Avenue
Moorpark, CA 93020
Dear Ms. Sczepan:
Per your request, Forbess Consulting Group performed a Pre - Demolition Asbestos Survey at the
above - referenced property on April 18, 2007. The investigation was performed by Matt Thrift, a
CA Certified Site Surveillance Technician (# 97- 2301), under the supervision of Alan Forbess, a
CA Certified Asbestos Consultant (# 94- 1549). This report documents the findings of our survey.
1.0 Background
The subject site is a single -story commercial building. The site is scheduled for major renovations
or complete demolition of the structure. FCG was contracted to perform an asbestos survey to
identify ACM (asbestos containing materials) so that they can be properly abated prior to
disturbance in accordance with federal, state and local regulations.
2.0 Scope of Work
Per the terms of FCG's Service Agreement, the survey was conducted to document the presence
of asbestos containing materials (ACM) at the subject site. The assessment included the
following components:
• A visual inspection of all interior and exterior building components to identify suspect
asbestos containing materials (ACM).
• The collection of bulk samples from suspect materials for submittal to a state - certified
laboratory for analysis by polarized light microscopy (PLM) methods to document the
asbestos content. The laboratory analytical data is attached for your review.
• All field observations, laboratory data and findings have been evaluated and summarized
in this written report, with recommendations for further action provided as necessary.
1009 Mercer Avenue
Ojai, CA 93023
tel: 805.646.1995
tax: 805.640.1650
60 () U�0
Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey
June 22, 2007 675 Moorpark Avenue, Moorpark, CA 93020
3.0 Visual Observations
The following visual observations were noted during our inspection of the subject site:
• The structure is wood framed with stucco exterior.
• Roofing is composite rolled roofing with felt underlayment.
• Interior perimeter walls were plaster throughout the North, West and South Walls only.
• Drywall was found on the interior partition wall and east perimeter and ceiling.
• The structure was built on a concrete slab, with no flooring (exposed concrete).
• No TSI was observed in the attic.
• There was no crawlspace observed.
Suspect Materials: After a visual inspection was completed, the following suspect asbestos
materials were noted:
• Plaster Walls
• Drywall w/ Joint Compound
• Stucco
• Grey Shingle Roofing
• Roof Penetration Mastic
• Grey Sheet Roofing
4.0 Bulk /Surface Sampling
On May 18, 2007, FCG collected 18 bulk samples from suspect asbestos containing materials
at the above referenced property. The samples were collected and forwarded to Forensic
Analytical, a certified asbestos laboratory located in Rancho Dominguez, CA. All samples were
analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area
Estimation. This section outlines the methodologies for bulk/surface sampling. The results of
the bulk/surface sampling are included in Tables 1 and 2 below.
Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal
area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector
places the sample in a sealed sample container and plots the sample location on a site plan.
Each sample is documented by labeling the container with a unique identification number,
entering the sample data onto a bulk sample log, and storing the sample in a secure location.
Throughout the process, special care is taken to prevent cross - contamination of the collected
samples. Sampling equipment is cleaned prior to taking each sample and sample bags are
placed directly beneath each sample location to collect any material that may become
dislodged.
Once the sample containers have been collected and logged, chain -of- custody forms are
completed and the samples are transferred by a commercial delivery service to an asbestos
certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in
compliance with all current EPA, State and NIOSH regulations.
Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a
laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the
675 Moorpark Av Asbestos survey 2
(ie0i 0si
Forbess Consulting Group, Inc
June 22, 2007
Pre - Demolition Asbestos Survey
675 Moorpark Avenue, Moorpark, CA 93020
State of California Department of Health Services, and the American Industrial Hygiene
Association (AIHA). Polarized light microscopy (PLM) methods were used to determine
asbestos fiber concentrations in bulk building material samples. PLM is applicable for the
analysis of building survey submissions and other bulk materials.
Bulk Sampling Results: The tables below provide a summary of all analytical data from
collected samples. Please refer to Attachment A for complete laboratory analytical results.
Table 1: Asbestos Bulk Sample Results — 675 Moorpark Avenue
Sanpl
YSamp le Type
Sar>ple Loca�tio
�G %►stes>kos ry
, o e is
ND -none tletected
AM
1
Plaster Walls
Room 2
ND
2
Plaster Walls
Conference Room
ND
3
Plaster Walls
Blueprint Room
ND
4
Drywall with Joint
Room 3
ND
Compound
5
Drywall with Joint
Room 3
ND
Compound
6
Drywall with Joint
Room 2
ND
Com ound
7
Stucco
Exterior Walls
ND
8
Stucco
Exterior Walls
ND
9
Stucco
Exterior Walls
ND
10
Grey Shingle
Roof
ND
Roofing
11
Grey Shingle
Roof
ND
Roofing
12
Grey Shingle
Roof
ND
Roofing
13
Roof Penetration
Roof
5% Chrysotile
Mastic
Non- friable,
Class II material in
14
Roof Penetration
Roof
5% Chrysotile
Mastic
good condition
15
Roof Penetration
Roof
5% Chrysotile
Mastic
Grey Sheet
Roof Rear
Sheet Roofing = ND
16
Roofing w/
Overhang
(Stones,Tar, Felts)
flashing mastic
Black Mastic = 5% Chrysotile
Non - friable,
Grey Sheet
Roof Rear
Sheet Roofing = ND
17
Roofing w/
(Stones,Tar, Felts)
Class II material in
flashing mastic
Overhang
Black Mastic = 5% Chrysotile
good condition
Grey Sheet
Roof Rear
Sheet Roofing = ND
18
Roofing w/
Overhang
(Stones,Tar, Felts)
flashing mastic
Black Mastic = 5% Chrysotile
Asbestos Classifications:
Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its
ability to become airborne. Class 1 materials are defined as friable materials including TSI and surfacing ACM and
presumed ACM. Class 2 materials are defined as ACM which is not TSI or surfacing material. This includes, but not
limited to wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
675 Moorpark Av Asbestos survey
(<j
( C0U &2
Forbess Consulting Group, Inc
June 22, 2007
5.0 Summary of Identified ACM
Pre - Demolition Asbestos Survey
675 Moorpark Avenue, Moorpark, CA 93020
The following materials on site were sampled and identified as containing asbestos above the
federal definition of 1 % by weight:
• Black Penetration and Flashing Mastic (Exterior Roofing): The black mastic material
used to seal around penetrations and flashings on the exterior roofing tested positive for
asbestos at 5% chrysotile. The material is estimated at 10 sq. ft. of penetrations and the
perimeter flashing around the rear roofing overhang. Condition of the mastic is fair to
good.
All other suspect materials tested negative for asbestos, including:
• Plaster Walls
• Drywall Joint Compound
• Exterior Stucco
• Composite Shingle and Sheet Roofing
6.0 Conclusions & Recommendations
An asbestos survey of the subject site has been completed. Based on our visual observations
and our evaluation of analytical data, asbestos containing materials were identified as noted
above. We recommend that all identified asbestos containing materials be handled with
appropriate precautions and controls to prevent fiber emissions during any renovation or
demolition project.
Recommendations: The following recommendations are provided for your consideration prior
to demolition of the structure in question:
The following materials are confirmed as asbestos containing and are regulated as
Asbestos Containing Material (ACM) under current federal, state and local regulations:
o Roofing penetration and flashing mastics (exterior roofing)
2. ACM materials in good condition may be managed in place unless there is potential for
damage or disturbance from site operations. ACM must be removed or abated prior to
renovations, demolition work or other disturbances which might result in asbestos fiber
emissions.
3. All identified ACM must be disturbed only by properly trained, licensed asbestos
abatement contractors using appropriate controls to prevent fiber emissions during the
removal process. This may include the use of wet methods (water mist), HEPA filtration,
negative pressure containments or other engineering controls designed to keep dust and
fibers from being dispersed.
4. Workers performing asbestos removal should be properly protected to prevent exposure,
including the use of respiratory protection with HEPA filtration, protective suits, and
similar personal protective equipment in accordance with federal and state regulations.
675 Moorpark Av Asbestos survey
4
G 0 4") i Cs
Forbess Consulting Group, Inc
June 22, 2007
Pre - Demolition Asbestos Survey
675 Moorpark Avenue, Moorpark, CA 93020
5. Asbestos containing waste materials must be properly contained and transported for off
site disposal at a permitted disposal facility.
6. We strongly recommend that all asbestos abatement work be monitored by a Certified
Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working
under the supervision of a CAC. This should include area monitoring and final air
clearance testing upon conclusion of field work to ensure all abated areas are within the
EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact
FCG at (805) 646 -1995 for a cost estimate to provide these services.
The local enforcement agency for asbestos removal projects is the Ventura County Air
Pollution Control District (VCAPCD). They require notification for removal of friable,
asbestos containing materials in quantities which exceed 160 square feet or 260 linear
feet. As the only ACM found on this project site is non - friable, it appears that no
notification is required. Regardless of the type of asbestos and the quantities found, we
recommend that that this survey report be submitted as a courtesy along with any
required notifications for APCD review. The local Building Department may also require
notification and survey information prior to issuing a demolition permit. We recommend
that you contact the APCD and local Building Departments directly for further information
regarding permitting and regulatory requirements.
The contractor conducting abatement work is responsible for complying with local, state
and federal standards for worker protection and NESHAPS regulations regarding
asbestos fiber emissions. Proper removal techniques must be followed to prevent the
dissemination of asbestos fibers. Notification and permitting is typically the responsibility
of the abatement contractor and /or property owner. If you would like assistance
regarding these matters or would like the names of qualified contractors in your area,
please feel free to contact FCG at 805.646.1995.
675 Moorpark Av Asbestos survey
5
Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey
June 22, 2007 675 Moorpark Avenue, Moorpark, CA 93020
Limitations Statement
The data compiled and evaluated as part of this assessment was limited and may not represent
all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in
thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI),
acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage.
This assessment reflects the data collected from the specific locations tested to identify
Asbestos Containing Materials (ACM) in those locations and may not be all encompassing.
There is always potential for asbestos containing materials to be missed due to problems with
accessibility, and the broad variety of uses. The conclusions and recommendations presented
within this report are based on current regulations and the professional experience of the
certified professionals involved in this project.
The data collected during this assessment and any resulting recommendations shall be used
only by the client for the site described in this report. Any use or reliance of this report by a third
party, including any of its information or recommendations, without the explicit authorization of
the client shall be strictly at the risk of the third party.
It should not be misconstrued that this assessment has identified any or all environmental
conditions at the subject site. FCG makes no representations regarding the accuracy of the
enclosed data and will not be held responsible for any incidental or consequential loss or
punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility
or land, delay in construction or action of regulatory agencies.
If you have any questions or concerns regarding the information provided, please do not
hesitate to call us at 805.646.1995.
Forbess Consulting Group, Inc.
Prepared by:
Alan Forbess, Principal Consultant
Certified Asbestos Consultant #94 -1549
675 Moorpark Av Asbestos survey 6
Attachment 1
Laboratory Results
Attachment 2
Drawings /Sample Locations /Field Notes
G,CIO067
Forensic Analytical Final Report
Bulk Asbestos Analysis
(EPA Method 600/R -93 -116, Visual Area Estimation)
Forbess Consulting Group, Inc.
Client tD: 7238
Alan Forbess
Report Number: B098099
1009 Mercer Avenue
Date Received: 04/23/07
Layer: White Plaster
Date Analyzed: 04/26/07
Ojai, CA 93023
Date Printed: 04/26/07
First Reported: 04/26/07
Job ID /Site: Moorpark -02, 675 Moorpark Ave.
FASI Job ID: 7238
ND
Total Samples Submitted: 18
Date(s) Collected: 04/18/2007
Total Samples Analyzed: 18
Asbestos
Percent in Asbestos Percent in Asbestos Percent in
Sample ID Lab Number Type
Layer Type Layer Type Layer
1 50381455
Layer: Grey Plaster
ND
Layer: White Plaster
ND
Layer: Paint
ND
Layer: Off -White Skimcoat /Joint Compound
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
2 50381456
Layer: Grey Plaster
ND
Layer: White Plaster
ND
Layer: Paint
ND
Layer: Off -White Skimcoat /Joint Compound
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
3 50381457
Layer: Grey Plaster
ND
Layer: White Plaster
ND
Layer: Paint
ND
Layer: Off-White Skimcoat /Joint Compound
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
4 50381458
Layer: White Drywall
ND
Layer: White Skimcoat /Joint Compounds
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (30 %)
5 50381459
Layer: White Skimcoat /Joint Compounds
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
I of 3
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763- 8684()0 0 UclkJ1s
Client Name: Forbess Consulting Group, Inc.
Report Number: B098099
Date Printed: 04 /26/07
Asbestos Percent in Asbestos Percent in Asbestos Percent in
Sample ID Lab Number Type Layer Type Layer Type Layer
6 50381460
Layer: White Skimcoat /Joint Compounds ND
Layer: Paint ND
Total Composite Values of Fibrous Components: Asbestos (ND)
Cellulose (Trace)
7 50381461
Layer: White Plaster
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
8 50381462
Layer: White Plaster
ND
Layer: Orange Plaster
ND
Layer: Grey Plaster
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
9 50381463
Layer: White Plaster
ND
Layer: Paint
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Cellulose (Trace)
10 50381464
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felt
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Fibrous Glass (45 %)
11 50381465
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felt
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Fibrous Glass (45 %)
12 50381466
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felt
ND
Total Composite Values of Fibrous Components:
Asbestos (ND)
Fibrous Glass (45 %)
13 50381467
Layer: Black Semi- Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (5 %)
Cellulose (Trace)
2 of 3
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684
Client Name: Forbess Consulting Group, Inc.
Report Number: B098099
Date Printed: 04 /26/07
Asbestos Percent in Asbestos Percent in Asbestos Percent in
Sample ID Lab Number Type Layer Type Layer Type Layer
14 50381468
Layer: Black Semi- Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (5 %)
Cellulose (Trace)
15 50381469
Layer: Black Semi- Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (5 %)
Cellulose (Trace)
16 50381470
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felts
ND
Layer: Black Semi - Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (2 %)
Cellulose (30 %) Fibrous Glass (25 %)
17 50381471
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felts
ND
Layer: Black Semi- Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (2 %)
Cellulose (45 %) Fibrous Glass (10 %)
18 50381472
Layer: Stones
ND
Layer: Black Tar
ND
Layer: Black Felts
ND
Layer: Black Semi- Fibrous Tar
Chrysotile
5%
Total Composite Values of Fibrous Components:
Asbestos (2 %)
Cellulose (30 %) Fibrous Glass (25 %)
Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory
Note: Limit of Quantification ('LOQ') = 1%. 'Trace' denotes the presence of asbestos below the LOQ. 'ND'= 'None Detected'.
Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity ("client) named on such report. Results, reports or
copies of same will not be released by Forensic Analytical to any third party Aithout prior written request from client. This report applies only to the sample(s) tested. Supporting
laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by Forensic Analytical. The client is solely responsible for the
use and interpretation of test results and reports requested from Forensic Analytical. This report must not be used by the client to claim product endorsement by N VLAP or any other
agency of the U.S. Government. Forensic Analytical is not able to assess the degree of hazard resulting from materials anatyzed. Forensic Analytical reserves the right to dispose of
all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified All samples were received in acceptable condition unless
otherwise noted.
3 of 3
2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 00005 0'
MFnrpncir Arlalvtir_ai
Analvsis Reauest Form
Client Name & Address:
o rIn eSS
rove
P.O. Date: L4 I za
I Q gl..
S
Turn Around Time: hN 12hr / 24hr / 48 hr I ext:
�) a Mr Meter
�
/�
V i Aj
KA
Due Date: ! ! Due Time:
am/pm
PLM: 76tandard / ❑ Point Count ❑ PCM: NIOSH 7400
C35W
At A, For)XS
j
❑ TEM Air: ❑ AHERA 1 ❑ Yamate2/ ❑ NIOSH 7402
❑ TEM Bulk: ❑ Quantitative/ ❑ Qualitative l ❑ Chatfieid
❑ TEM Water: ❑ Potable 1 ❑ Non - Potable I ❑ Wt %
❑ TEM Mlcrovac
Phone >k:
Fax#:
❑ Special Project:
Site:
IAddqr,rk
Z
❑ Metals Analysis: Method
Matrix:
Ana! tes:
Job:
S6 TTL 3y Vfacrgfrk A11.1
Comme ts:
G1�ar1eS S�.
Sample ID
Date!
Time
Sample LocationJDescrlption
FOR A ll* SAMPLES ONLY
Sample
Area or
Air
Volume
TYp@
Time OnJ(�tf :
Avg LF?M
Total
Tine
A
P
C
A
P
C
A
P
C
A
P
C
C
A
P
C
A
P
C
A
P
C
--TAP
C
Sampled by: Date: ! ! Time:
Shipped via: ❑ Fed Ex ❑ Alrbome ❑ UPS ❑ US Mail ❑ Courier ❑ Drop Off ❑ Othec
Relinquished by: � _ !
Date 1/ Tlme:q a&/#
Relinquished by:
Date / Time:
Relinquished by:
Date ! Time:
Received by:
Date /' me: rte
Condition Acceptable? 9 Yes
5; (JD
'
❑ No
Received by:
Date I Time:
Condition Acceptable? ❑ Yes ❑ No
Received by:
Date I Time:
Condition Acceptable? ❑ Yes
❑ No
I r l
San Francisco Office: 3777 Depot Road, Suite 409, Hayward, Callfomia 94545 / Telephone: (51D)887-8828 (800)827 -FASI I Fax: (510)887 -4218
Los Angeles Office: 2959 Pacific Commerce Drive, Rancho Dominguez, Cal fomia 90221 /Telephone: (310)763 -23741 Fax: (310)763 -8884
Portland Office: 17400 SW Upper Boones Ferry Road, Suite 245, Durham, Oregon 97224 /Telephone: (503)595 -1001 (877)410 -1888 / Fax: (503)595 -1006
Las Vegas Office: 3900 Paradise Road, Suite 181, Las Vegas, Nevada 89109 /Telephone: (702)784 -0040 / Fax: (702)784 -0030
r
CD
FCG
Date:
4 / tg 12007
Client:
City of Moorpark
M75:
tit
Project:
Moorpark- Z
Inspector (s): Matthew Thrift
Asbestos Bulk Sampling Field Log
Friable: Friability Codes: N= Non - friable; F= Friable
Cond. Condition Codes: G =Good; F =Fair, P =Poor
NA =Not Analyzed
ND= Detected
N= Negative
c;
C7
�y
c.,
FCG
Date: 41 lit 2007
Client: City of Moorpark
Site: r
Project: Moorpark -
Inspector(s): Matthew Thrift
Asbestos Bulk Sampling Field Log
Friable: Friability Codes: N =Non - friable; F= Friable
Cond: Condition Codes: G =Good; F =Fair; P =Poor
NA =Not Analyzed
N D= Detected
N= Negative
m o (v :� 5 f A aor er. ,-k Ave. - +/tfs/o 3
1
m.) �cs
Q kS�< r W wA� T j0 j "N I SOVAL, ULiiS OrNk�
'PC y Rjc \L T(v Iwktr:oi E.,s� Qcr'�*�e r J i tc:i:n—)
t jrlu l; 9
(-e.,trt�c Ske& W/ h• 4erv`St .
SITE MAPS
()G0kt`3
I .
Demolition Site Map
RETAINING 347 Moorpark Avenue
Notes:
�1. Remove all Structures Shaded
`gray and marked with an X.
2. Remove all concrete and
asphalt parking areas and walk
ways, grade level.
3. Remove and cap all utilities at
the property line.
4. 51dewalk and driveway curb cuts
are to remain.
5. Remove all fencing ao marked.
6. Exioitng fencing not marked for
removal will remain and be repaired
if damaged by demo operations.
DRIVE -WAY 121' DRIVE -WAY
11100 1
( �? ► ?9(;
Demolition Site Plan
675 Moorpark Avenue
NOTES:
1. Remove all concrete and asphalt parking areas and
walkways, grade level.
2. Remove all landscaping and irrigation plumbing.
3. Remove all Structures Shaded gray and marked
with an X.
4. Existing sidewalk and curb cuts are to remain.
5. Build chainlink fencing around perimeter of property
to tie into existing chain link.
6. Storage containers on site to remain.
7. Mature trees on site to remain.
DRIVEWAY
MOORPARK AVENUE
(No 0097
ATTACHMENT 2
RESOLUTION NO. 2007 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK ( "AGENCY "), CALIFORNIA, AMENDING
THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING
$40,000 FROM THE MRA AREA I - OPERATIONS (2902) FUND
FOR DEMOLITION OF 347 AND 675 MOORPARK AVENUE
WHEREAS, on June 20, 2007, the Board of Directors adopted the Agency
budget for Fiscal Year 2007/2008; and
WHEREAS, the Agency desires to demolish buildings located at 347 and 675
Moorpark Avenue; and
WHEREAS, a budget amendment is needed to fund the demolition of these
buildings.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the total amount of $40,000 from the MRA
Area I - Operations Fund, as more particularly described in Exhibit "A ", attached hereto,
is hereby approved.
SECTION 2. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of October, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A" — Budget Amendment Detail
000098
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2007/2008
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Area 1 - Operations
2902 -5500
$ 40,000.00
$ 40,000.00
$ 40,000.00
Total
$ 40,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2902 - 2410- 5039 -9611
$ -
$ 40,000.00
$ 40,000.00
Total
$ -
$ 40,000.00
$ 40,000.00
Approved as to Form:
IT S .C.
Redevelopment Aoi- -�c.
'/ % ,A oo %.
ACTION:- (A"
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors fn,
From: David C. Moe II, Redevelopment Manager J IO
Date: October 5, 2007 (Agency Meeting of 10/17/07)
Subject: Consider Resolution Authorizing the Acquisition of 450 Charles
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 450 Charles Street property by the
Redevelopment Agency is consistent with the goals and objectives in the Moorpark
Redevelopment Plan. The purpose of the proposed acquisition is to further affordable
housing activities in the City of Moorpark.
The purchase price of the property is $349,000.00 plus half of the escrow expenses. A
$354,000.00 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 -
(y00100
ATTACHMENT A
RESOLUTION NO. 2007 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 450 CHARLES STREET, ACCEPTANCE OF
GRANT DEED, AND AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY APPROPRIATING $354,000.00 FROM THE MRA
LOW /MOD HOUSING FUND (2901) TO THE MRA LOW /MOD
HOUSING 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 450 Charles Street in the City of Moorpark, for the purpose
of affordable housing 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 $354,000.00; 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. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
SECTION 2. A budget amendment in the amount of $354,000.00 from the MRA
Low /Mod Income Housing 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.
0 (3 0161.
ATTACHMENT A
PASSED AND ADOPTED this 17th day of October, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
000102
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2007/08
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Low /Mod Income Housing - Operations
2901 -5500
$ 354,000.00
$ 354,000.00
$ 1,761,000.00
Total
$ 354,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5032 -9612
$ 1,407,000.00
$ 354,000.00
$ 1,761,000.00
Total
$ 1,407,000.00
$ 354,000.00
$ 1,761,000.00
Approved as to Form: `'