HomeMy WebLinkAboutAG RPTS 2008 0116 RDA REG—( ESTABLISHED
* t two 11. ,far #
OF M J�
Resolution No. 2008 -187
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 16, 2008
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. PUBLIC HEARINGS:
A. Consider Resolution Adopting the Midterm Update of the Five -Year
Implementation Plan 2005 -2009. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2008- . (Staff: David Moe)
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of Minutes of Regular Meeting of December 5, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Award of Bid and Project Approval for the Demolition of 14245
Princeton Avenue, 460 Charles Street, and 1095 Walnut Canyon Road and
Resolution Amending the Fiscal Year 2007/08 Budget to Fund the Project.
Staff Recommendation: 1) Approve the removal of 14245 Princeton Avenue,
460 Charles Street, and 1095 Walnut Canyon Road; 2) Award bid to Adobe
Company and authorize execution of the Agreement, subject to final language
approval by the Executive Director and Agency General Counsel; and 3)
Adopt Resolution No. 2008- , amending the FY 2007/08 Budget. ROLL
CALL VOTE REQUIRED (Staff: David Moe)
C. Consider Approval of Relocation Plan for 1113 Walnut Canyon. Staff
Recommendation: Approve Relocation Plan for 1113 Walnut Canyon. (Staff:
David Moe)
Redevelopment Agency Agenda
January 16, 2008
Page 2
7. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 192 High Street (APN 512 -0- 090 -105)
Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven
Kueny, Executive Director
Negotiating Parties: Aszkenazy Development, Inc.
Under Negotiation: Price and terms of sale
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 467 High Street (APN 512 -0- 081 -110)
Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven
Kueny, Executive Director
Negotiating Parties: KL Associates
Under Negotiation. and terms of sale
8. ADJOURNMENT:
All writings and documents provided to the majority of the Agency regarding all open- session agenda items are available for public
inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for
all regular Redevelopment Agency meetings is also available on the City's website at www.ci.moorpark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing
or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each
Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517-
6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this
meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda
can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification
or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
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, January 16, 2008,
at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on January 11, 2008, 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 January 11, 2008.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK. CALIFORNIA
Redevelopment Agency Meeting
of
A 00- --
MOORPARK REDEVELOPMENT Gic'�� =--- --
AGENDA REPORT
TO: Honorable Agency Board of Directors C1/
FROM: David C. Moe II, Redevelopment Manager `/
BY: Jessica Sczepan, Administrative Special'
DATE: December 11, 2007 (Agency Meeting of 1/16/08)
SUBJECT: Consider Resolution Adopting Midterm Update of the Five -Year
Implementation Plan 2005 -2009
BACKGROUND
On January 15, 2005, by its Resolution No. 2005 -144, the Agency adopted an
Implementation Plan for the period 2005 -2009 (the "Implementation Plan ") for the
Moorpark Redevelopment Project. This was done pursuant to Section 33490 (a)(1)(A)
of California Community Redevelopment Law (CCRL, as codified in the Health and
Safety Code, Section 33000, et seq.). The Implementation Plan outlines the specific
goals, objectives, and programs adopted by the Agency for the five -year implementation
plan period, 2005 -2009.
DISCUSSION
As part of the continuing implementation process, CCRL Section 33490 (c)(3) requires
redevelopment agencies to conduct a public hearing during the term of each
implementation plan. The purpose of the public hearing is to hear testimony from all
interested parties regarding the redevelopment plan and the corresponding
implementation plan and to participate in evaluating the progress of redevelopment
projects. Additionally, the public is invited to help determine where a redevelopment
agency stands in regard to meeting its respective housing "production" and
"replacement" requirements as defined in CCRL.
Agency staff has reviewed the Implementation Plan and has prepared the Midterm
Update report to assist the Agency Board and the public in reviewing the
Implementation Plan.
Agency staff is recommending two deletions to the Agency's Objectives: Objective 111.6 -
Develop and implement a Preservation /Reuse Plan for Birkenshaw House and property
0000(31,
Honorable Agency Board
December 5, 2007
Page 2
and Objective 111.7 - Construct new City Hall /Civic Center and Public Works /Parks
Department Corporation Yard and complete construction of Police Services Center.
Objective 111.6 is proposed for deletion due to the withdrawal of the Comstock Homes
project application. If another developer proposes a project for this site, Agency staff
would recommend revisiting this objective. Objective 111.7 is proposed for deletion due to
recent changes in the CCRL that prohibit any expenditure of Agency funds on City Hall
buildings.
Notice of the public hearing has been given as required by law. In accordance with
CCRL requirements, the Midterm Update is now ready for public hearing and
consideration by the Agency.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1) Open public hearing and receive testimony; close the public hearing; and
2) Adopt Resolution No. 2008
Attachment - Resolution No. 2008-
6000o2
ATTACHMENT 1
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE
MIDTERM UPDATE OF THE FIVE -YEAR
IMPLEMENTATION PLAN 2005 -2009 FOR THE
MOORPARK REDEVELOPMENT PROJECT.
WHEREAS, California Community Redevelopment Law (CCRL, California Health
and Safety Code, Section 33000, et seq.) Section 33490 (a) (1) (A) requires that on or
before December 31, 1994, and each five years thereafter, each redevelopment agency
that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a
public hearing, an implementation plan that shall contain the specific goals and
objectives of the agency for the project area, the specific programs, including potential
projects and estimated expenditures proposed to be made during the next five years,
and an explanation of how the goals and objectives, programs, and expenditures will
eliminate blight within the project area and implement the requirements of CCRL
Sections 33334.2, 33334.4, 33334.6, and 33413; and
WHEREAS, CCRL Section 33490 (b) requires that every agency, at least once
within the five -year term of the plan, conduct a public hearing and hear testimony from
all interested parties for the purpose of reviewing the redevelopment plan and the
corresponding implementation plan for each redevelopment project within its jurisdiction
and evaluating the progress of the redevelopment project(s); and
WHEREAS, CCRL Section 33490 (d) requires that notice of the public hearing
shall be published pursuant to Section 6063 of the Government Code and posted in at
least four permanent places within the project area for a period of three weeks. Notice
must also be mailed three weeks before the public hearing to all persons and agencies
that have requested notice; and
WHEREAS, the Moorpark Redevelopment Agency (the "Agency ") adopted a
redevelopment plan (the "Plan ") for the project area (the "Project Area ") prior to
December 31, 1993; and
WHEREAS, the Agency has prepared and adopted an implementation plan
pursuant to requirements contained in CCRL Section 33490 (a) (1) for the period 2005-
2009; and
WHEREAS, the Agency has caused an update to the Implementation Plan (the
"Midterm Update ") to be prepared, which update captures the Agency's redevelopment
efforts and successes since the Agency's adoption of the 2005 -2009 Implementation
Plan in January 2005, and which clarifies and updates the Agency's longer -term course
of redevelopment plan implementation; and
Resolution No. 2008 -
Page 2
WHEREAS, the Agency has given notice as required by CCRL Subsection
33490 (d); and
WHEREAS, on January 16, 2008, the Agency conducted and concluded the
previously referenced duly noticed public hearing.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency has duly held the required public hearing to hear public
testimony of all interested parties for the purposes of reviewing the redevelopment plan,
the corresponding implementation plan and the Midterm Update, and evaluating the
progress of the redevelopment project.
SECTION 2. Subsequent to hearing and considering all testimony given, the
Agency hereby adopts the Midterm Update, which is attached hereto as Exhibit A and
incorporated herein by this reference.
SECTION 3. This resolution shall become effective immediately upon its
adoption.
SECTION 4. 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 16th day of January 2008.
Patrick Hunter, Chair
Deborah S. Traffenstedt, Agency Secretary
Exhibit A — Midterm Update to the Five -Year Implementation Plan 2005 -2009
0000 4
EXHIBIT A
REDEVELOPMENT AGENCY
OF THE
CITY OF MOORPARK
FIVE -YEAR IMPLEMENTATION PLAN
2005 -2009
MID -TERM REPORT
NOVEMBER 2007
MIDTERM UPDATE TO THE
FIVE -YEAR IMPLEMENTATION PLAN 2005 -2009
MOORPARK REDEVELOPMENT AGENCY
On January 19, 2005 by its Resolution No. 2005 -144 the Moorpark Redevelopment
Agency (the "Agency ") adopted its implementation plan for the term 2005 -2009 (the
"Implementation Plan ") pursuant to Section 33490 of the California Community Redevelopment
Law ( "CCRL ", being Section 33000 et. seq. of the California Health and Safety Code). The
Implementation Plan, prepared pursuant to CCRL Section 33490(a)(1), outlines specific goals,
objectives, and implementation programs for the five -year implementation period, 2005 -2009.
At least once during the five -year implementation plan period, a public hearing on the
implementation plan is required. CCRL Section 33490(c) requires each redevelopment agency
to hold a public hearing and hear testimony from all interested parties for the purpose of
reviewing the redevelopment plan and the then current implementation plan, evaluating the
agency's progress in implementing the then current implementation plan, and determining
where the Agency stands in regards to meeting its affordable housing "production" and
"replacement" requirements as defined by CCRL. This Midterm Update Report to the
Implementation Plan (the "Midterm Update ") has been prepared by Agency staff to facilitate the
midterm review and evaluation of the Agency's Implementation Plan during the public hearing.
Exhibit 2 discusses the Agency's income and expenditures during the first three years of the
plan period.
DEVELOPMENT ACTIONS; GOALS AND OBJECTIVES; AND ACCOMPLISHMENTS
Summary of Development Actions
Section 400 of the Redevelopment Plan contains the development actions which the
Agency will utilize to "eliminate and prevent the spread of blight in the Project Area ". These
development actions are summarized below; a full list of these actions is found on pages 2 and
3 of the Redevelopment Plan.
• Improvements to the public infrastructure
• Acquisition and disposal of real property
• Redevelopment of residential, commercial, or industrial land by private or public
entities, including the financing thereof
• Rehabilitation of structures or development of vacant land, as appropriate, by
owners, their successors, or Agency.
• Other actions "as may be permitted by law"
Agency Goals and Objectives
CCRL Section 33490 (a)(1) states that an implementation plan shall contain an agency's
specific goals and objectives for the project area. For the 2005 -2009 Implementation Plan it was
decided that the Agency's goals and objectives would remain the same as those found in the
1999 -2004 implementation plan, but they would be augmented by a new goal which will
specifically focus attention on the Agency's ongoing activities to revitalize the Downtown Area.
For this mid -term update Agency staff is recommending the deletion of objective III. 6 — Develop
and implement a Preservation /Reuse plan for the Birkenshaw House and property; and 111.7. —
Construct new City Hall /Civic Center and Public Works /Parks Department Corporation Yard and
complete construction of Police Services Center.
Objective 111.6 is proposed to be deleted due to the inability of the developer to negotiate
with the property owner and obtain sufficient public access to the project. Should another
development project be proposed on this site in the future, this goal will be placed back on the
Goals and Objectives listing. Objective 111.7 is proposed to be deleted in order to be compliant
with a change in the CCRL that prohibits Redevelopment Agencies from assisting with any
aspect of the design and construction of City Halls or other public office facilities.
The remainder of the goals and objectives already adopted as a part of the
Implementation plan are proposed for re- adoption as a part of the Midterm update. The goals
and specific objectives are outlined below with an update of each objective:
GOAL NO. I: ENCOURAGE AND INCREASE ECONOMIC DEVELOPMENT ACTIVITIES IN
THE PROJECT AREA
OBJECTIVES
1.1 Provide resources for establishing new and for retaining and expanding existing
commercial and industrial businesses in the Project Area.
Update: The Agency contracts with the Economic Development Collaborative of
Ventura County to provide business retention and expansion services to
Moorpark businesses. Total Agency Funds: $10,000
1.2 Provide assistance with land acquisition and relocation of existing uses to
support public and private development.
Update: The Agency has entered into negotiations with the owner of the J.E. Clark
fueling station to relocate their station off High Street, and to allow for the
redevelopment of their current location to a much needed
commercial /retail use. Total Agency funds to date $575,000
1.3 Amend the Redevelopment Plan to re- instate eminent domain authority within the
Project Area as stipulated in Ordinance 111.
Update: On September 19, 2007, an amendment to the Redevelopment Plan to
re- instate eminent domain authority was submitted to the City Council for
consideration, but was not approved. The Agency's redevelopment efforts
in the downtown area and Moorpark Avenue corridor will continue.
GOAL NO. I1: MAKE IMPROVEMENTS TO PROJECT AREA INFRASTRUCTURE AND
PUBLIC FACILITIES WHICH BENEFIT THE PROJECT AREA
OBJECTIVES
11.1 Provide funding, as appropriate and feasible, for public facilities, such as parking
facilities, which serve properties in the Project Area.
Update: Agency staff is currently reviewing sites within the Project Area that could
serve as a location for future parking facilities that could serve the
downtown and assist downtown developers with meeting their parking
requirements.
11.2 Continue funding for infrastructure improvements in the public right -of -way
(including sewer, storm drain, water systems and surface improvements) which benefit the
Project Area.
Update: Each year during the budget process, Agency funds are allocated to
various public infrastructure improvement projects throughout the project
area. The following projects have been funded completely or partially by
Agency funds: Railroad crossing improvements at Spring Road and
Moorpark Avenue, Moorpark Avenue widening, High Street streetscape
improvements; Second Street overlay improvements; Lassen Avenue
bike path /walk -way. Total Agency Funds: $1,217,375
11.3 Reduce traffic congestion, install traffic signals as needed, improve public safety,
and reduce parking deficiencies within the Project Area.
Update: Staff is reviewing the parking deficiencies in the project area and how to
reduce them in conjunction with objective 11.1.
11.4 Provide funding, as appropriate and feasible, for public service facilities such as
a library, senior center, and public safety facility improvements.
Update: Staff is reviewing ways that the Agency could assist with the construction
of a new City library.
GOAL NO. III: REVITALIZE THE DOWNTOWN AREA
OBJECTIVES
111.1 Complete redevelopment of Agency -owned properties on High Street including
467 High Street and property on the south side of High Street between the MetroLink lot and
Moorpark Avenue.
Update: Agency staff has completed negotiations with the proposed developer of
the property on the south side of High Street. The developer has
proposed a two -story mixed -use office /retail development on the property.
Staff is also in negotiations with a developer for 467 High Street.
Currently, the developer is proposing a two -story restaurant/office building
and has secured the interest of a restaurant to lease the restaurant
space.
111.2 Work with private developers to acquire and redevelop property on the east end
of High Street.
Update: Staff is working with developers to construct an office /retail building at the
east end of High Street.
111.3 Install MetroLink Station landscaping and access improvements.
4 G 0 C,�
Update: Work under this item will be completed in conjunction with the
development on the south side of High Street.
111.4 Design and construct the new Magnolia Park on Charles Street.
Update: The Redevelopment Agency provided the funds necessary to build this
park. The project was completed and dedicated in October 2007. Total
Agency Funds: $315,622
111.5 Complete streetscape improvements along High Street and Moorpark Avenue
including: i) public and angle parking on High Street; ii) widening /realignment of Moorpark
Avenue; and iii) enhancing pedestrian safety by installing lighted, decorative bollards delineating
vehicular and pedestrian zones on both streets.
Update: Staff has begun working on the conceptual improvement plan for High
Street. The public and angle parking as well as the enhanced pedestrian
safety will be provided during development of the project on the south
side of High street.
111.6 Develop and implement a Preservation /Reuse Plan for Birkenshaw House and
property.
Update: Proposed for deletion. Agency staff began work on this project, in
conjunction with the proposed Comstrock Homes development on this
site. After extensive negotiations with the property owner, the proposed
developer withdrew its application due to an inability to provide sufficient
public access to the house to warrant on -going maintenance costs.
111.7 Construct new City Hall /Civic Center and Public Works /Parks Department
Corporation Yard and complete construction of Police Services Center.
Update: Proposed for deletion. Due to recent changes in the CCRL, Agency funds
are not allowed to be expended on City Hall facilities.
111.8 Underwrite or finance and construct the Human Services Center on a two -acre
site north of the Police Services Center.
Update: Agency staff is working with the selected Architect to complete the design
and construction drawings for this development. Construction is expected
to begin within a year.
111.9 Promote affordable housing by developing a minimum of 150 new affordable
housing units in the Downtown Area, including both single family units and multiple family units.
Update: Staff is proposing to change this line item to read: "..a minimum of 150
new affordable housing units in the Project Area,...". Currently there is not
enough open land within the Downtown Area to provide the number of
units outlined in the objective so staff would like to change the objective to
be more realistic. Since the start of this implementation plan period,
Agency staff efforts have provided 42 affordable ownership units within
the project area, 3 of which were developed by the Agency, and 190
senior rental units. Staff is currently in negotiations with The Olson
5 (G00( 9
Company to provide 9 additional ownership units on an Agency -owned
site at the corner of Moorpark Avenue and Everett Street. Staff has also
been working with Essex Property Trust to provide 50 affordable rental
units. Staff is in early negotiations with the Area Housing Authority for a
rental project on Charles Street and with John Chiu for another rental
project on the northeast corner of Everett Street and Walnut Canyon
Road.
AGENCY PRODUCTION, IMPROVEMENT AND PRESERVATION OF AFFORDABLE
HOUSING REQUIREMENTS PER CALIFORNIA COMMUNITY REDEVELOPMENT LAW
The following describes the regulatory framework for affordable housing production,
improvement and preservation under redevelopment law and explain how the Implementation
Plan must demonstrate compliance.
One of the fundamental goals of redevelopment in California is the production,
improvement and preservation of a participating community's supply of housing affordable to
very low -, low -, and moderate - income households. This goal is accomplished, in part, through
the execution of four different, but interrelated requirements imposed on redevelopment
agencies by the CCRL. The requirements are:
• An agency must use no less than 20 percent of its tax increment revenue to
increase, improve, and preserve the supply of very low -, low -, and moderate -
income housing in the community (CCRL Section 33334.2);
• An agency must replace, in equal or greater number, any very low -, low -, and
moderate - income housing units and bedrooms which are destroyed or removed
as a result of a redevelopment project (the "replacement rule ", CCRL Section
33413(a));
• An agency must ensure that a fixed percentage of all new or substantially
rehabilitated dwelling units developed by the agency are affordable to very low -,
low -, or moderate - income persons and families (the "inclusionary rule ", CCRL
Section 33413(b)(1));
• An agency must ensure that a fixed percentage of all new and substantially
rehabilitated dwelling units developed within the project area by public or private
entities or persons other than the agency are affordable to very low -, low -, and
moderate - income persons (the "inclusionary rule ", CCRL Section 33413(b)(2)).
AGENCY AFFORDABLE HOUSING PRODUCTION
Updated below is Goal IV of the Agency's 2005 -2009 Implementation plan which relates
to increasing, improving and preserving the supply of very low -, low -, and moderate - income
housing. Exhibit 1 to this report also outlines the number of affordable rental and ownership
units the Agency has produced from FY 2004/05 to FY 2006/07.
GOAL NO. IV INCREASE, IMPROVE, AND PRESERVE THE SUPPLY OF VERY LOW -,
LOW -, AND MODERATE - INCOME HOUSING
OBJECTIVES:
6 0 0
IV. 1. Promote and participate in public /private partnerships with non - profit and for
profit developer and /or property owners to rehabilitate existing rental units for very low -, low -,
and moderate - income households.
Update: Staff has a working relationship with the Area Housing Authority to review
potential rental units that need to be rehabilitated.
IV.2 Develop and implement owner - occupied, revolving loan program(s) for low and
moderate income households.
Update: The Agency began a marketing campaign to cultivate interest in its
Housing Rehabilitation program, however, there has not been a lot of
interest in the program. Staff is reviewing ways to revise the program to
make it more appealing for Project Area Property Owners.
IV.3. Work with property owners and the development community to identify infill
parcels and to develop new housing units for very low -, low -, and moderate - income households
on these parcels
Update: Agency staff has begun to identify and purchase infill parcels within the
project area that could be used to provide new housing units.
IVA. Work with the City to require new housing developments outside of the Project
Area to contribute financing and /or inclusionary units intended for low- and moderate - income
households.
Update: Agency staff continues to work with the City and require new housing
developments outside of the project area to produce affordable housing
units for low -, and moderate - income households. To date the Agency has
obtained commitments from developers for a total of 42 affordable
housing units (William Lyon, 17; Pardee, 25) outside the project area.
IV.5. Begin redevelopment of Walnut Canyon residential area north of Casey Road.
Update: Through the open real estate market, the Agency has begun purchasing
properties on Walnut Canyon road for redevelopment. Currently the
Agency has purchased or is in escrow for 5 lots. Total Agency Funds
$1,604,460
AGENCY REPLACEMENT HOUSING
To date there are no outstanding replacement housing obligations as no low or
moderate income units have been removed or demolished within the project area during this
planning period. However, if any units within the project area are removed during the remaining
term of the plan, the Agency will provide replacements units, as required by law.
7 6110 0 Oil
CUMULATIVE HOUSING PRODUCTION
FY 2004 -2005 TO FY 2006 -2007
Bedrooms
RENTAL
2004/05
Vintage Crest Senior Apartments
Total Rental
OWNERSHIP
2004/05
Mountain View (Phases II -III)
MoonDance (Colmer)
Agency- constructed (Colmer)
TR Partners
2006/07
Canterbury Lane (Shea Homes)
Total Ownership
�:r
Very Low
Low
Moderate
Totals
1
2
3
4
1
2
3
4
1
2
3
4
34
14
62
80
190
190
2
3
3
11
14
33
1
2
3
1
2
3
1
1
2
2
42
TOTALS: 190 Rental units
42 Ownership units
- -- MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California
December 5, 2007
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 5, 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 7:09 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PRESENTATION /ACTION /DISCUSSION:
None.
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of Minutes of Regular Meeting of November 7, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Award of Bid and Project Approval for the Demolition of 765
Walnut Street 81 Charles Street and a Portion of 782 Moorpark Avenue.
Staff Recommendation: 1) Approve the removal of 765 Walnut Street, 81
Charles Street, and a portion of 782 Moorpark Avenue-, and 2) Award bid
(.YLC�1t��J
Minutes of the Redevelopment Agency
Moorpark, California Page 2 December 5, 2007
to V.A.C. Environmental and Demolition and authorize execution of the
Agreement, subject to final language approval by the Executive Director
and Agency General Counsel.
C. Consider Resolution Authorizing the Acquisition of 33 High Street,
Accepting the Grant Deed for Recordation, and Amending the Fiscal Year
2007/08 Budget to Fund the Purchase. Staff Recommendation: Adopt
Resolution No. 2007 -186; 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
D. Consider Recordation of the Notice of Completion for the Grain Silo
Demolition Project at 192 High Street. Staff Recommendation: Authorize
the Agency Secretary to file the Notice of Completion and release the
project bonds consistent with the contract provisions.
7. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
Chair Hunter adjourned the meeting at 7:10 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
0000,14
TO:
FROM:
BY:
DATE:
MOORPARK REDEVELOPMENT
AGENDA REPORT
Honorable Agency Board of Directors
David C. Moe II, Redevelopment Manage
Jessica Sczepan, Administrative Spech,
January 8, 2008 (Agency Meeting of 1 /1biuoy
ITEM
� . bib
�s�,,�, ri '•- Cat "rC!° ". og
AGE,
NC ytv- voa� l8�
SUBJECT: Consider Award of Bid and Project Approval for the Demolition of
14245 Princeton Avenue, 460 Charles Street, and 1095 Walnut
Canyon Road and Resolution Amending Fiscal Year 2007/2008
Budget to Fund the Project
BACKGROUND & DISCUSSION
The City acquired 14245 Princeton Avenue for future planned road widening along
Princeton Avenue. The Agency acquired 460 Charles Street and 1095 Walnut Canyon
Road for future affordable housing projects at each location. All of the properties are
now vacant. While in the process of acquiring the remainder of the land needed for each
of these projects, staff feels that it is appropriate to demolish the buildings at all
locations to remove the attractive nuisance they provide.
A notice inviting bids for the demolition of these properties was published on December
10, 2007. A mandatory pre -bid job walk was held on December 20, 2007 and was
attended by thirteen contractors. Six bids were received by the due date of January 7,
2008. The results are:
Adobe Company $41,885.00
American Wrecking $47,700.00
Midwest Environmental Control $44,619.00
Specialized Environmental, Inc. $50,500.00
Standard Industries $79,681.00
V.A.C. Environmental and Demolition Contractors $58,900.00
The proposals were evaluated on their completeness and cost. The responsible low
bidder is Adobe Company. Adobe Company possesses the necessary qualifications,
resources, and experience to perform the work.
Honorable Agency Board
January 16, 2008
Page 2
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and removal of three residences and their
accessory structures, and there is no reasonable possibility that it would result in a
significant effect on the environment, either individually or cumulatively in consideration
of other reasonably foreseeable projects, it is the Planning Director's determination that
the project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (1)(1) & (4) of the CEQA
Guidelines. If this project is approved, a Notice of Exemption will be filed with the
County Clerk.
FISCAL IMPACT
Funds for 14245 Princeton Avenue are budgeted as a part of the Princeton Avenue
Widening project so a budget amendment is not needed at this time. A budget
amendment in the amount of $32,791.00 from the MRA — Low /Mod Income Housing —
Operations fund for the 460 Charles Street and 1095 Walnut Canyon Road properties is
being requested. This amendment includes an approximate 10% project contingency.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Approve the removal of 14245 Princeton Avenue, 460 Charles Street, and 1095
Walnut Canyon; and
2) Award bid to Adobe Company and authorize execution of the Agreement, subject
to final language approval by the Executive Director and Agency General
Counsel; and
3) Approve Resolution No. 2008-
Attachment 1 — Agreement
Attachment 2 — Resolution No. 2008-
ou.00:.6
ATTACHMENT 1
CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK AND ADOBE COMPANY, INC FOR DEMOLITION
SERVICES
THIS CONTRACT is made and entered into in the City of Moorpark on this
day of , 2007, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "Agency,"
and ADOBE COMPANY, a California corporation, hereinafter referred to as
"Contractor ".
RECITALS:
WHEREAS, on January 7, 2008, Agency invited bids for the demolition of 14245
Princeton Avenue; 1095 Walnut Canyon Road; and 460 Charles Street; and
WHEREAS, pursuant to said invitation, Contractor submitted a Proposal which
was accepted by Agency for said project; and
NOW, THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this
Contract.
2. Term. The term of this Contract shall be from the date this Contract is made and
entered, as first written above, and shall be completed upon final acceptance of the
demolition project by the Agency and expiration of the guarantee period.
3. Incorporation by Reference. All bid documents, Public Contract Code Section
22300, Bidder's Proposal, General Conditions of the Contract for Construction, plans,
drawings, and specifications, required bonds and forms, and all applicable regulations
are hereby incorporated in and made a part of this Contract.
4. Precedence of Contract Documents. If there is a conflict between the Contract
documents then the document highest in precedence shall control. The precedence
shall be as provided in Section 2 -5.2 of the Greenbook.
5. Agency's Obligations. For furnishing all labor, material and equipment as
specified in this Contract, and for performing all work as specified in this Contract,
Agency will pay and Contractor shall receive therefore compensation in a total lump
sum of Forty -one thousand eight hundred and eighty five dollars ($41,885). Payments to
the Contractor shall be made pursuant to the following payment provisions and as
incorporated herein.
Payments to the Contractor shall be made within thirty (30) days after submittal
of an approved payment request from the Contractor, proof of compliance with this
Page 1 of (t()()Q111If"
Contract, 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 10% retention
requirements.
6. Obligations of the Contractor. Contractor shall perform as required by this
Contract. Contractor also warrants on behalf of itself and all subcontractors engaged for
the performance of this Contract that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable
laws shall be employed in the performance of the work hereunder.
7. Audit. Agency shall have the option of inspecting and /or auditing all records and
other written materials used by Contractor in preparing its billings to Agency as a
condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by Agency.
8. Indemnification. Except for the gross negligence or willful misconduct of an
Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and
agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency
and its Project Consultants, and Engineers, officers, agents, and employees
( "Indemnitees ") from and against any and all claims, charges, damages, demands,
actions, proceedings, losses, stop notices, costs, expenses (including counsel fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which
may be sustained or suffered by or secured against the Indemnitees arising out of or
encountered in connection with this Contract or the performance of the Work including
but not limited to, death of or bodily or personal injury to persons or damage to property,
including property owned by or under the care and custody of Agency, and for civil fines
and penalties, that may arise from or be caused, in whole or in part, by any negligent or
other act or omission of Contractor, its officers, agents, employees or Subcontractors
including but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of; in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees,
or Subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any
of the terms or conditions of this Contract or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
Page 2 of 6 (P OO OI N
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub - sections (1), (2), (3), and (4), existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the
care, custody and control of Agency.
Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding loss, stop notice, cost, 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
Contract, 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 parti�es or by the findings of a court of
competent jurisdiction. In instances where Aged�cy 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 Contract. 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
Contract or this section.
This Indemnity shall survive termination of the Contract 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 Contract for the purpose of resolving such claims; provided,
however, Agency may release such funds if the Contractor provides Agency with
reasonable assurance of protection of the Indemnitees' interests. Agency shall, in its
sole discretion, determine whether such assurances are reasonable.
9. Amendments. Any amendment, modification, or variation from the terms of this
Contract shall be in writing and shall be effective only upon written approval by Agency.
10. Anti - Discrimination. In the performance of the terms of this Contract, Contractor
shall not engage in, nor permit subcontractors to engage in discrimination in
Page 3 of 6 060019
employment of persons because of the age, race, color, religious creed, sex, sexual
orientation, national origin ancestry, physical disability, mental disability, medical
condition, or marital status of such persons. Violation of this provision may result in the
imposition of penalties referred to in Labor Code Section 1735.
11. Apprenticeship. Contractor must comply with all provisions of Labor Code
Section 1777.5
12. Termination. If, during the term of this Contract, Agency determines that
Contractor is not faithfully abiding by any term or condition contained herein, including
the Contractor's refusal or failure to prosecute the work on any separate part thereof
with such diligence as will ensure it's completion within the time specified or any
extension thereof, Agency may notify Contractor in writing of such defect or failure to
perform. The notice must give to the Contractor a five (5) calendar day period of time
thereafter in which to perform said work or cure the deficiency. This includes, without
limitation, increasing the work force and speeding delivery of materials. If Contractor
has not performed the work or cured said deficiency within the five (5) days specified in
the notice, such failure shall constitute a breach of this Contract, and Agency may
terminate this Contract immediately by written notice to Contractor to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under this Contract except, however, any and all obligations of Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any
manner waived by the termination hereof. In said event, Contractor shall be entitled to
the reasonable value of its services performed from the beginning of the period in which
the breach occurs up to the day it received Agency's Notice of Termination, minus any
damages, including liquidated damages if so provided herein, occasioned by such
breach.
Agency reserves the right to delay any such payment, if any, until completion or
confirmed abandonment of the project, as may be determined in the Agency's sole
discretion, so as to permit a full and complete accounting of costs. In no event,
however, shall Contractor be entitled to receive in excess of the compensation quoted in
its bid without prior written approval of the Agency.
13. Insurance. Contractor shall maintain prior to the beginning of and for the duration
of this Agreement insurance coverage as specified in Exhibit A attached to and part of
this Contract.
14. Complete Agreement. This Contract shall constitute the complete Contract
between the parties hereto. No oral agreement, understanding, or representation not
reduced to writing and specifically incorporated herein shall be of any force or effect, nor
shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
15. Independent Contractor. It is expressly understood between the parties to this
Contract that no employee /employer relationship is intended; Contractor is an
Page 4 of 6 0ell()0.OZ.0
independent contractor.
16. Time of Performance and Liquidated Damages. Time is of the essence in this
Contract. The demolition project shall be completed no later than seven calendar days
commencing from the dates shown in the Notice to Proceed to the Contractor. Failure of
the Contractor to complete the work within the time allowed will result in assessment of
liquidated damages as provided by Section 6 -9 of the Greenbook.
17. Conflict of Interest. Neither Contractor nor any employees, agents or
subcontractors of Contractor who will be assigned to this project, to the best of
Contractor's knowledge, own any property or interest in properties, business
relationships, or sources of income which may be affected by the performance of this
Contract.
Should one party hereto learn of any such interest, income source, or business
relationship, such fact shall immediately be brought to the attention of the other party
hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the
conflict, Agency may terminate the Contract immediately for non - performance pursuant
to Section 12 herein.
18. Successors and Assigns. The terms hereof shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto; provided, however, that
no party hereto shall assign any of the benefits and burdens hereunder, whether
voluntarily or by operation of law, without the prior written consent of the other party,
and any such assignment without said consent shall be void.
19. Notices. All written notices required by, or related to this Contract shall be sent by
United States mail, postage prepaid by registered or certified mail addressed as listed
below. Neither party to this Contract shall refuse to accept such mail; the parties to this
Contract shall promptly inform the other party of any change of address. All notices
required by this Contract are effective on the day of receipt, unless otherwise indicated
herein. The mailing address of each party to this Contract is as follows:
AGENCY:
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
Agency Contact:
Steven Kueny, Executive Director
CONTRACTOR:
Adobe Company
1730 N. Ventura Avenue
Ventura, CA 93001
Page 5 of 6 t- � 000#2.0'1
Contractor Contact:
Mike Fontes, Corporate Officer
20. Governing Law. The Agency and Contractor understand and agree that the laws
of the State of California shall govern the rights, obligations, duties, and liabilities of the
parties to this Contract and also govern the interpretation of this Contract.
This Contract is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions or covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
21. Authority to Execute Contract. Both Agency and Contractor do covenant that
each individual executing this Contract on behalf of each party is a person duly
authorized and empowered to execute Contracts for such party.
REDEVELOPMENT AGENCY OF CONTRACTOR:
THE CITY OF MOORPARK Adobe Company
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A ":
Exhibit "B ".
Mike Fontes
Corporate Officer
Insurance Requirements
Bid Documents
Page 6 of 6 ( �0, 0 C 0';";2
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. Worker's Compensation on a state - approved policy form providing statutory benefits
as required by law with employer's liability limits no less than $1,000,000 per accident
for all covered losses. Contractor shall procure and maintain during the life of the
contract, worker's compensation insurance or a valid certificate of consent to self- insure
for all its employees engaged in or at the site of the project; and in case any of the work
is sublet, the Contractor shall require all subcontractors to similarly provide worker's
compensation insurance for all the latter's employees unless such employees are
covered by protection afforded by worker's compensation insurance carried by the
Contractor.
By submitting a bid pursuant to these specifications, Contractor hereby certifies that it is
aware of the provisions of Section 3700 et seq. of the Labor Code which require every
employer to be insured against liability for Worker's Compensation.
In the event the Worker's Compensation Insurance submitted by the contractor
becomes inoperative any time before the completion of the work, all work shall
immediately cease until a new policy is obtained and any time so lost shall not entitle
the Contractor to any extension of time. Certificates shall unequivocally provide at least
thirty (30) days written noticed by certified mail to the Agency prior to cancellation or
modification.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to
Agency for injury to employees of Contractor, subcontractors or others involved in the
Work. The scope of coverage provided is subject to approval of Agency following
receipt of proof of insurance as required herein. Limits are subject to review but in no
event less than $1,000,000 per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Best rating of A- or better
and a minimum financial size VII.
Contractor and Agency agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein
to include as additional insureds Agency, its officials, employees and agents, using
standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also
agrees to require all contractors, subcontractors, and any one else involved in any way
with the project contemplated by this agreement to do likewise.
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
GC,00* 4
insured to all insurance coverage required herein, expressly retains the right to
subrogate against any party for sums not paid by insurance. For its part, Contractor
agrees to waive subrogation rights against Agency regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in
any way with the project(s) contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by
Contractor pursuant to this agreement shall be endorsed to delete the subrogation
condition as to Agency, or to specifically allow Contractor or others providing insurance
herein to waive subrogation prior to a loss. This endorsement shall be obtained
regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and Agency that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of Agency or to the supervisory role, if any, of Agency. All insurance
coverage provided pursuant to this or any other agreement (express or implied) in any
way relating to Agency is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving Agency in relation to
the project(s) contemplated by this agreement is intended to be construed to limit the
application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted to
Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the Agency, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) which may affect Agency's protection without Agency's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of Agency, shall
be delivered to Agency at or prior to the execution of this 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
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
? > A4,s
by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first and
on a primary non - contributing basis in relation to any other insurance or self insurance
available to Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it will
not allow any contractor, subcontractor, Architect, Engineer or other entity or person in
any way involved in the performance of work on the project contemplated by this
agreement to self- insure its obligations to Agency. If Contractor's existing coverage
includes a deductible or self- insured retention, the deductible or self- insured retention
must be declared to the Agency. At that time the Agency shall review options with the
Contractor, which may include reduction or elimination of the deductible or self- insured
retention, substitution of other coverage, or other solutions.
13. The Agency reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial additional
cost to the Contractor, the Agency will negotiate additional compensation proportional to
the increased benefit to Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity commences in
furtherance of performance under this agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of
Agency to inform Contractor of non - compliance with any insurance requirement in no
way imposes any additional obligations on Agency nor does it waive any rights
hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as Agency, or its
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.
GG00, ,`;
EXHIBIT B
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
Project Manual
and
Specifications
Demolition of Structures and
Site Clearing at 14245 Princeton Avenue, 1095 Walnut Canyon Road,
and 460 Charles Street, Moorpark, California
Bid Due Date and time:
Monday, January 7, 2008 at 3:00 p.m.
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 — Princeton AvenueMalnut Canyon /Charles St. Page 2 of 58 ,,�, ..
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 14245
PRINCETON AVENUE, 1095 WALNUT CANYON ROAD, AND 460 CHARLES
STREET, MOORPARK, CA 93021
There will be a mandatory pre -bid conference and site walk held on Thursday,
December 20, 2007 at 9:30 a.m. starting at 14245 Princeton Avenue. Potential bidders
are required to attend this meeting. Failure to attend the mandatory pre -bid meeting will
result in a bidder's proposal being rejected as non - responsive.
BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid
package. All blanks in the Bid Form must be filled in and all prices must be stated in
both words and figures. It is the sole responsibility of the bidder to see that the bid is
delivered to the proper place and received at the proper time. Any bid received after the
scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid
forms must be sealed and delivered before 3:00 p.m. on January 7, 2008 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 — 14245 Princeton Avenue /1095 Walnut Canyon Road/
460 Charles Street, 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.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 3 of 58 t`f®
Instructions to Bidders (continued)
A bidder may withdraw the proposal, without prejudice prior to the time specified for the
bid opening, by submitting a written request to the Agency for its withdrawal, in which
event the proposal will be returned to the bidder unopened. Changes in or additions to
the Bid Form, recapitulations of the work bid upon, alternative proposals, or any other
modification or deviation of the Bid Form which is not specifically called for in the
Contract Documents may result in the Agency's rejection of the bid as being non-
responsive. Non - substantial deviations may be permitted provided that the bidder
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposed deviation will be made solely by the
Agency.
BID FORMS: The bid must be accompanied by certified check, cashier's check, or
bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for
an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that
the bidder, if its bid is accepted, 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 fourteen (14) calendar days after notice of the award has been sent by mail to the
address given in the proposal. The contract shall be made in the form adopted by the
Agency and incorporated in these specifications. The bidder warrants that he /she
possesses, or has arranged through subcontracts, all capital and other equipment, labor
and materials to carry out and complete the work hereunder in compliance with all
applicable Federal, State, Agency, and Special District laws, ordinances, and
regulations.
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited; and an award may be made to the next
lowest responsible bidder who shall fulfill every term and condition of the bid as if
he /she were party to whom the first award was made.
BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the
plans or specifications or have any questions concerning the bidding documents or
proposal forms contact the Agency's Project Representative:
Jessica Sczepan, Administrative Specialist
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
(805) 517 -6225
Please do not call other staff members or consultants. If a prospective bidder is in doubt
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 4 of 58 4, , v„
Instructions to Bidders (continued)
or has any questions as to the true meaning or intent of any part of the Bid package, or
discovers discrepancies, errors, or conflicts, or omissions, he /she may submit, to the
above Project Representative, a written request for an interpretation or a correction
thereof. Interpretations or corrections shall be made only by addendum duly issued by
the Agency. A copy of such addendum will be mailed, faxed, or delivered to each
person receiving a set of the Contract Documents and such addendum shall be
considered a part of, and incorporated in, the Contract Documents. Questions must be
received in sufficient time for the Agency to evaluate the question(s) and respond at
least 72 hours prior to the bid deadline. If the Agency cannot answer the question in the
72 hour time period, the bid deadline will be extended in order to allow for sufficient time
for other potential bidders to respond to the change in the bid.
All timely requests for information (regarding the bid) submitted in writing will receive a
written response from the Agency. Telephone communications with Agency Staff will
not be permitted. Any oral communication shall not be binding on the Agency.
BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as
lump sum prices and must be entered in figures in the spaces provided on the Bid
Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission
Form(s) must be totally completed. Unit prices, if applicable, should be added as
Appendix A and are to be used only for changes to the contract.
EVALUATION OF BIDS AND AWARD: The Agency reserves the right to retain all bids
for a period of 90 calendar days for examination and comparison, and to delete or add
any alternates to /from the contract. Bidders shall guarantee the bid prices for said 90
day period to facilitate Agency evaluation of the bids. Each bidder shall meet all of the
specifications and bid terms and conditions. By virtue of the bid submission and
acceptance of the bid award, the bidder acknowledges full understanding of, and
agreement with, and acceptance of all provisions of the plans, specifications and
contract documents. The Agency reserves the right to waive non - substantial
irregularities in any bid, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that the bids are qualified by specific
limitations given by the Agency, and to make award to the lowest responsible bidder as
the interest of the Agency may require.
In addition to the information required by the bid documents, the Agency may request
evidence from a bidder, whose bid is under consideration for award, reasonable
evidence showing that bidder's financial resources, construction experience, and
organization and plant facilities are sufficient for performance of the contract.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 5 of 58 G U0 Vii'`+ : 2
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 14245 Princeton Avenue, 1095 Walnut Canyon
Road, and 460 Charles Street, Moorpark, California
Bids to Be Received — Monday, January 7, 2008 by 3:00 p.m.
CONTRACTOR
Name A bO13 E C.OMPNN Y
Street Address x'130 to \%E.tVTURA AyE
V .
City ENTu(a' A State Ga Zip Code X13 O O 1
Telephone Number (So$) to q3 - % acts C.I 2, C_;kI
Contractor's License No 513113 0 Class GI.o N z, Expiration Date 1/3 1/2009
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
f -
Signature of Bidder 'X C -0RP0R AT E OFFtt
V 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. 14245 Princeton Avenue Lump Sum Base Bid ($ A015-00
2. 1095 Walnut Canyon Road Lump Sum Base Bid ($ Ila 1 5 O • O )
3. 460 Charles Street Lump Sum Base Bid ($ 13 (vto O - 00 )
TY-CN C
Tti1 Ab GBH Ea6N7 dollars and Cents
$ t+t a C S - oo - -
Number of calendar days for completion: DA
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 6 of 58
ER
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: January 7, 2008 by 3:00 p.m.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with
the Redevelopment Agency of the City of Moorpark to perform the Work as specified or
indicated in said Contract Documents entitled: Demolition of structures and appurtenances at
14245 Princeton Avenue, 1095 Walnut Canyon Road, and 460 Charles Street, Moorpark, CA.
Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitations, those in the Notice Inviting Bids and Instructions to Bidders.
This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter
into a Contract within the time and in the manner as is required in the Notice Inviting Bids and
will furnish the insurance certificates and Bonds as required by the Contract Documents.
Bidder has examined copies of all the Contract Documents through and inclusive of the
following Bid Addenda (receipt of which is hereby acknowledged):
Bid Addenda Number: ��''�� Date:
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder: A 00 6 E, CP M P6 N Y
By:
Title: CDP,PcMTE OFFiC. -0, Dated: I/` /Z�o9
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 7 of 58
NON - COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF SS.
CITY OF
�AoLr✓l F �( 4e_. , being first duly sworn, deposes and says that he /she is
M avtaa e r of ffd o& Co the party making the foregoing bid; that the
bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in
a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to
any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
A o be
Name of Bidder Name of Bird
Signature of Bidder Signature f idder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 8 of 58
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
JURAT
State of California
County of Title of Document 7—
Subscribed and Sworn to (or affirmed) before me on this T day of , 2005
by 1Y,"yWz_ %g;p--5 or, K proved to me
on the basis of satisfactory evidence to be the person(s) who appeared before me.
WITNESS my hand and seal.
QOOOOOOOCC)"00,-;,r"-)00-,CCOOO<"'.DO�(,OC,,�ot--,00000c-38
i�eiO.%T�' Y P. f�' MBIS
g
S
.
-U IC -CALL F)RNHR
R
U
:E�S'UA JrJ3J4`s
U
i
ry -: 7nin r�1f'4
t
8
as`,�1u,Y zs ?al
000OOOO900WOOUJOCG1 JO,.Y'QOGC!v)^GOtiow,A WOC,CO
DOCUMENT INFORMATION
ADDITIONAL INFORMA
Document Date A,/ z o�UV 5'
Number of Pages
[P Placed under Oath [ ] Placed under Affirmation [4 Document Signed before the Notary
TYPE OF IDENTIFICATION
EMBOSSMENT
[ Personal Knowledge of the Notary Public
Satisfactory Evidence — identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
Copyright 0 1994, All Rights Reserved, California School of Notary Public, Inc.
, � .: -.1 �
�Y ttt� 03
TO BE EXECUTED
:BY W)DER-AND SUBMITTED-WITH BID
KNOWALL PERSONS BY THESE PRESENTS:
That We, Adobe Company -,.as Principal, and Contractors Bonding and Insurance Company
as Surety, �ackhqw'ledge ourselves jointly and severalty bound -to. the Redevelopment
Ageriq of the City.of.Mootpark.; the .oblig6e,for ten .:(10). percent of the total bid, to be
PAid to. said -Apricy if the Proposal shall be-'accepted and the Principal shall faff to
exec'u-te't . he cd . ntract tendered; by the.-A-'ency within the -applicable time specified in the
or
-either the.requi red ' Faithful. Performance or .
.13idJerms ,and Condft[ons,- fails to furnish �.
-Lab6r..aI1'dcMiierial'.-bOnd:s, oriiiiii to.-furnish- eviddn-ce. of inSUraflod. a3. required in t.he
Stand&d.Speeiftaftns, then this obligation, 0911 -become due and payable, and Surety
-shall pay. to.obl'19*0*0,- In. case: suit.- is. brought upon this. -b6hd.'in:addition 1:61 the bond
,.amount. hateof, court. Costs and .a: reasonable fee "to -6.6-fixed -by f* court. If
the Principal executes. the. contract and furnishes the .-rawired.bonds and evidence of
Insuran.de as provided in the contract documents, thit:bond shall'.:ber extinguished and
:released. It is herby agreed that NO. errors shall not conghtute a defens6 to forfeiture.
7th January 2(P8
WITNESS our hands ,th*is-._.-_- day of,__
Contractor Adobe .Comp pny
.1 A
By
�7
Tile Cori PC
Sy
Title -
.8uretyContractors Bonding and Insurance Company
By
Kip N. Keller, Attorney-In-Fact
Mo6rperk Redevelopment Agency Bid Package
Structure Demolftn -Princeton AvenueWalnut GanyonlCharles St. Page 9 of 58
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of:
County of
California
Ventura
On 1/7/2008 before me, Shirley Rhoads, Notary Public personally appeared
Kip N. Keller
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /afe subscribed to the within instrument and acknowledged to me that he /che /#hey executed
the same in his /fief /#f & authorized capacity(ies) and that by his/fief/#i& signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I Certify under PENALTY OF PURJURY under the laws of The State of California that the
foregoing paragraph is true and correct.
SHIRLEY RHOADS
R COMM. $1475915 R
u NOTARY PUBLIC - CALIFOFMiM U
i VENTURA COUNTY° t
MY Cortrriaiai �. Apr. 07, 2001
,WITNESS my hand and ir,ial seal.
't
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[]INDIVIDUAL
❑CORPORATE OFFICER
TITLES(S)
❑PARTNERS ❑LIMITED
❑GENERAL
®ATTORNEY -IN -FACT
❑TRUSTEE(S)
FIG UARDIAN /CONSERVATOR
❑OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Contractors Bonding and Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Bid Bond
TITLE OR TYPE OF DOCUMENT
1
NUMBER OF PAGES
1/7/2008
DATE OF DOCUMENT
none
SIGNER(S) OTHER THAN NAMED ABOVE
114 -
.j
�1
1
f,
I
tr
Only an unaltered original of this Power of Attorney document is valid. A valid original of this document is printed on gray
security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company ").
The original document contains a watermark with the letters "chic" embedded in the paper rather than printed upon it. The
watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is
visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of
the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document
is valid only if thebond is executed on or before the date indicated above.
KNOW, ALL MEN; BY THESE PRESENTS, that the Company does hereby make, constitute
and appoint the following:, M. LINDA TERRY, JOHN T. NOURSE, KIP N. KELLER,
SHIRLEY RHOADS and H. RANDALL KINSLING its true and lawful Attorney(s) -in -Fact,
with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver on behalf of the Company: (1) any and all
bonds and undertakings of suretyship given for any purpose,,provided, however,
that no such person shall be authorized to execute and deliver any bond or
undertaking that shall obligate the Company for any portion of the penal sum'
thereof in excess of $10,000,000, and provided, further, that no :Attorney -in-
Fact shall have the authority to issue a bid or proposal bond for any project
where, if a contract is awarded, any bond or undertaking would be required with
penal sum in excess of $10,000,000; and (2) consents, releases and other
similar documents required by an obligee under a contract bonded by the
Company. This appointment is made under the authority of the Board of Directors
ofthe Company ------------------------------------------------------------------
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington
corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and
has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the
reverse are now in full force and effect.
Bond Number �1
4
Signed and sealed this day of�.
x R. Kirk Eland, Secretary
CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle, WA 98109 -0271
(206) 622 -7053 • (800).765 -CBIC (Toll Free) • (800) 950 -1558 (FAX)
Poa L PO.A.09- U S0061307
M
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: Nb0BFL C-oMPAN Y
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. AREA Hotww= Au- vAo9,%TY of THE Lout-MY of 14E.N"ruPA
Contact individual: Dtu1% PAtat<E Phone No.(805)'ASa -Rqq 1 xlo3o
Address: tKoo W H«.uLRc.sT DtL►VE
Contract Amount: 5103, 000 Year: 9►c;,0'7
Description of work done:
bamo oWEt- wr4(vg 8 Stir- Sratac,.TuRC - -5 E L.AND CL_cA2�NCs
IN TNOwSkt4b OAKS
Reference No. 2
Customer Name: COUN'rY OF Vel, 1TURA
Contact Individual: Tvtc(-�es A l..urbtty Phone No.(805) 6SL4- 39e8
Address: oo S• Vtc.TORIA Xvre VENTU2A GA c1300Q
Contract Amount: 45, 000 Year: 100to /aoo'7
Description of work done:
DEMO SITE 5rRL%c,TURGS t C_%_SP %t4& 439,03EC,T50 VPRtOu5
03At C.P-mP5 E PNV.K5
Reference No. 3
Customer Name: dENTv►RA uNtF QED SOtt - 015-rR%CX
Contact Individual: '3" N%f 61 tAS A u Phone No. (805) 11q1 -3(,,34
Address: a65 5't"ANLM AYE VeNITU" CA 93001
Contract Amount: 4 Zo, or>o Year: 2%c)o ?
Description of work done:
bGMb t u..LAX POR-rPt O -.e %th%%_otN(fj AT SAr1C.0Y ELF -M .Nme -Y
5c." oo L_
Moorpark Redevelopment Agency Bid Package
Structure Demolition - Princeton Avenue/Walnut Canyon /Charles St. Page 11 of 58
000040
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF VEN-rURA
l am the C--09%PCA A-r P- 0Ft =tLE.R hr4b MMJAC7ERZ-
Of Nt�,o SF_ aKPAN Y
the bidder herein. I have read the foregoing statement and know the
contents thereof; and I certify that the same is true to my knowledge, except as to those
matters which are. therein stated upon my information or belief, and as to those matters I
believe it to be true.
Executed on _'SW.rX ) 2.008 at yEt4T u 2A California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
4 Sin&iature No",
Title
Signature of Bidder
Title
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 12 of 58
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. _ , If
Approved by Contractor:
Title C_0f2,P0 AT OF:v7tc erz_
Date I! q /2co 8
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 13 of 58
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."
a
Title: C Q(�EbRNTE OFF tc�EfL. Date: 1 /—q zzoog
Moorpark Redevelopment Agency Bid Package
Structure Demolition – Princeton Avenue/Walnut Canyon /Charles St. Page 14 of 58
i3 id, Ps
BIDDER'S STATEMENT OF SUBCONTRACTORS
AND MATERIAL FABRICATORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractor's who will perform more than 1/2% the value
of the total lump sum bid amount. (NOTE: If Contractor does not have a valid DOSH registration number,
then a qualified subcontractor must be selected to provide required asbestos abatement work and must be listed
here. Contractors must also list one of the City's contract waste haulers as a subcontractor to ensure that the City's
contract waste hauler provision is understood. Failure to do either of these will result in bid rejection).
PLEASE PRINT LEGIBLY
Name Under Which
Subcontractor is License
Licensed No.& Class
stta51
�C N CO EN(7 i NEERA:t R) B, NAZ, hSS
G. r. N/A
A%W b a a 5 O is
94 5 S H 66PC6p L. fJ p,
Business Address
43 C.ALLE SAN
Pk LDS GAMA(4�.J�
15 MI JRu_EY
kAV, Ih log
Signaltu_r6(§4 of Bidder Date
' Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2
Total Percentage 2 lIC70
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 15 of 58
(. � x'044
Percent
Type of
work to
Work
be done'
ASEST05
EMI3V L
►a�`�TQ
W As-rc
N R u �,E t2.
WA6-rE
t-►-/4 U L E A—
Total Percentage 2 lIC70
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 15 of 58
(. � x'044
PAGES 16 -26 WERE THE
CONTRACT DOCUMENTS
AND HAVE BEEN
DELETED SO AS NOT TO
BE DUPLICITOUS
} ) 0 a-IiS
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 14245 Princeton Avenue, 1095 Walnut Canyon Road,
and 460 Charles Street, and is required by said City to give this bond in connection with
the execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform
all the covenants and obligations of said Contract to be done and performed at the time
and in the manner specified herein, then this obligation shall be null and void one year
after date of recordation of Notice of Completion by City of the completed work and
expiration of the guarantee period, whichever is later; otherwise it shall be and remain in
full force and effect, and Surety shall cause the Contract to be fully performed or to pay
to obligee the cost of performing said Contract in an amount not exceeding the said sum
above specified, and shall also, in case suit is brought upon this bond, pay to obligee
court costs and a reasonable attorney's fee, to be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this day of , 19.
Contractor
Title
S u rety
:
:
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 27 of 58
FORM TO ACCOMPANY
BOND FOR FAITHFUL PERFORMANCE
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day
of
20
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared
known to be the of
person whose name is subscribed to the within instrument as the
said
and the said
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
and the same
of
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 28 of 58
1 _) k2, r
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 14245 Princeton Avenue, 1095 Walnut
Canyon Road, and 460 Charles Street, and is required by Agency to give this bond in
connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 3181 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated six (6) months after the date of recordation of the
Notice of Completion by the City and only with the City's written permission. However,
Bond shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 29 of 58
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this
Contractor
Title
:�
Title
Surety
day of
,19
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 30 of 58
FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of , 20 ,
undersigned, a Notary Public in and for said County and State,
commissioned and sworn, personally appeared,
the of and the said
acknowledged to me that subscribed the name of
hereto as Surety and own as
before me, the
residing herein, duly
known to be
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 31 of 58
%" 'J ':
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 — Princeton Avenue/Walnut Canyon /Charles St. Page 32 of 58
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.
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 — Princeton AvenueMalnut Canyon /Charles St. Page 33 of 58 _
x. 2
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 — Princeton Avenue/Walnut Canyon /Charles St. Page 34 of 58 f3 � ..
C �j 43
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 from
payments then, or thereafter, due to the Contractor for the cost of correcting such
deficiencies, including compensation for the Agency's additional services and expenses
made necessary by such default, neglect, or failure. If payments then or thereafter due
the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Agency. This remedy is cumulative. The Agency may terminate
pursuant to section 12 of the contract.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such in the Contract and is
referred to throughout this Contract as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform
construction under conditions of the Contract that are administered by the Agency, and
that are identical or substantially similar to these conditions.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 In addition to other investigations required by the contract documents, the
Contractor shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the
Contractor with the Contract before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to Agency Staff at once.
3.2.2 The Contractor shall perform the work in accordance with the Contract.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best
skill and attention. The Contractor shall be solely responsible for and have control over
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 35 of 58
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 — Princeton Avenue/Walnut Canyon /Charles St. Page 36 of 58
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 — Princeton AvenueMalnut Canyon /Charles St. Page 37 of 58
tAl d,56
3.11 ACCESS TO WORK
3.11.1 The Contractor shall provide the Agency access to the work in preparation and
progress wherever located.
3.12 ROYALTIES AND PATENTS
3.12.1 The Contractor shall pay all royalties and license fees, fees for use of patent
rights and shall hold the Agency harmless from the loss on account thereof, but shall
not be responsible for such defense or loss when a particular design, process or
product of a particular manufacturer is required by the Contract.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 AGENCY'S REPRESENTATIVES
4.1.1 One or more Representatives employed by the Agency may be assigned to the
work. His /her duties shall be defined by the Agency.
4.1.2 The designated Agency Project Representative or entity is identified as such in the
Contract and is referred to throughout the Contract as if singular in number. The
designated staff person will act as directed by and under the supervision of the
Redevelopment Manager, and will confer with the Redevelopment Manager and Agency
regarding its actions.
4.1.3 The Agency's Project Representative shall have full access to all operations
involving work under this Contract and shall be provided reasonable advance notice of
the time and place of operations which he /she desires to observe.
4.1.4 The Contractor shall furnish Agency reasonable facilities for obtaining such
information as may be necessary to keep them fully informed respecting progress and
manner of work and character of materials. Observation of work shall not relieve the
Contractor from any obligation to fulfill this Contract. The Executive Director shall have
authority to stop work whenever provisions of the Contract are not being complied with
and the Contractor shall instruct his /her employees accordingly.
4.1.5 Duties, responsibilities and limitations of authority of Agency's Representative as
set forth in the Contract shall not be restricted, modified or extended without written
consent of the Agency and Contractor. Consent shall not be unreasonably withheld.
4.1.6 In case of termination of employment of the designated staff person, the Agency
shall appoint a staff person whose status under the Contract shall be that of the former
staff or higher, respectively.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 38 of 58
4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 The Agency's project representative will provide administration of the Contract as
described in the Contract under the direction of the Redevelopment Manager, and will
advise the Agency during construction, until all contractual obligations are completed
and contract performed or terminated. The Representative will advise and consult with
the Agency and will have authority as stated in the Contract, unless otherwise modified
by written instrument in accordance with other provisions of the Contract.
4.2.2 The Agency's Project Representative will determine that the work is being
performed in accordance with the requirements of the Contract, will keep the
Redevelopment Manager informed of the progress of the work, and will endeavor to
guard the Agency against defects, deficiencies in the work and slow progress.
4.2.3 The Agency's Project Representative will provide for coordination of the activities
of other Contractors and of the Agency's own forces with the work of the Contractor,
who shall cooperate with them. The Contractor shall participate with other Contractors
and the Agency in reviewing their construction schedules. The Contractor shall make
any revisions to the construction schedule deemed necessary after a joint review and as
required by the contract documents. The construction schedules, until subsequently
revised, shall constitute the schedules to be used by the Contractor, other Contractors,
and Agency.
4.2.4 The Agency's Project Representative will not have control over or charge of and
will not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, since
these are solely the Contractor's responsibility as provided in Paragraph 3.3, and
neither will be responsible for the Contractor's failure to carry out the work in
accordance with the Contract. The Agency will not have control over or charge of or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
4.2.5 The Contractor shall communicate directly with the Agency. Communications by
and with Subcontractor's and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the Agency's Project
Representative.
4.2.6 The Project Representative will review and certify the applications for payment by
the Contractor. Agency staff will assemble the Contractor's application for payment into
a project application and request for payment.
4.2.7 Based on the Agency's observations and evaluations of Contractor's applications
for payment, the application will be processed. Final approval for payment rests with the
Executive Director.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 39 of 58
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money, and
extension of time or other relief with respect to the terms of the Contract. The term
"claim" also includes other disputes and matters in question, between the Agency and
Contractor arising out of or relating to the Contract. Claims must be made by written
notice. The responsibility to substantiate claims shall rest with the party making the
claim. An unresolved claim is an unresolved dispute.
4.3.2 Time Limits on Claims. Claims by either party must be made within 14 calendar
days after occurrence of the event giving rise to such claim or within 14 days after the
claimant first recognizes the condition giving rise to the claim, whichever is later. Claims
must be made by written notice. An additional claim made after the initial claim has
been implemented by Change Order will not be considered unless submitted in a timely
manner.
4.3.3 Continuing Contract Performance. Pending final resolution of a claim, answer on
change order request, or unresolved dispute, unless otherwise agreed in writing, the
Contractor shall proceed diligently with performance of the work and contractual
obligations and the Agency shall continue to make agreed upon payments in
accordance with the Contract. (Also see 4.3.5)
4.3.4 Claims for Additional Cost. If the Contractor wishes to make a claim for an
increase in the contract lump sum, written notice as provided herein shall be given
before proceeding to execute the work as required. Prior notice is not required for
claims relating to an emergency endangering life or property arising under Paragraph
9.3. If the Contractor believes additional cost is involved for reasons including but not
limited to, (1) an order by the Agency to stop the work where the Contractor was not at
fault, (2) a written order for a minor change in the work issued by the Representative,
(3) failure of payment by the Agency, (4) termination of the Contract by the Agency, (5)
or Agency's suspension of work, claims shall be filed in accordance with the procedure
established herein.
4.3.5 Claims for Additional Time.
4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the
Contract, written notice to the Agency, shall be given by the Contractor. The
Contractor's claim shall include an estimate of probable effect of delay on progress of
the work. In the case of a continuing delay only one claim is necessary.
4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such
claim shall be documented in writing substantiating that weather conditions were
abnormal for the period of time and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction. Payment
for general condition items, overhead, and profit shall not be made for additional time
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 40 of 58
?U,1)10
granted for adverse weather conditions, vandalism, casualty loss and /or material
availability. Contractor expressly waives any rights to such claims. Contractor must
have provided required erosion control and access protection as a requirement to
making claims for extension of time because of adverse weather conditions.
4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be
granted unless contractor specifically requested (in writing) permission to work and was
granted such permission by the Agency. If rain is predicted when the request to work is
received by the Agency, the request to work will be rejected, unless the work is inside
and protected access is in place.
4.3.5.4 At no time shall the workload of material manufacturers be considered a reason
to claim "inability to obtain materials" for purposes of requesting a time extension.
4.3.6 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,
of any of the other party's employees or agents, or of others for whose acts such party
is legally liable, written notice of such injury or damage, whether or not insured, shall be
given to the other party within a reasonable time not exceeding 2 days after initial
observance or notification. The notice shall provide sufficient detail to enable the other
party to investigate the matter.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Agency will review claims and disputes, with the Executive Director, and take
one or more of the following preliminary actions within ten days of receipt of a claim: (1)
request additional supporting data from the claimant, (2) submit a schedule to the
parties indicating when they expect to take action, (3) recommend rejecting the claim in
whole or in part, stating reasons for rejection, (4) recommend approval of the claim by
the other party or (5) suggest a compromise. The Agency may, but is not obligated to,
notify the surety, if any, of the nature and amount of the claim.
4.4.2 If a claim has been resolved, the Agency will notify the parties in writing of the
resolution.
4.4.3 An unresolved claim is an unresolved dispute.
4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days
after the Agency's preliminary response, take one or more of the following actions: (1)
submit additional supporting data requested, (2) modify the initial claim, (3) notify the
Agency that the initial Claim stands, or (4) withdraw the claim.
4.4.5 Contractor, in the event of any dispute or controversy with the Agency over any
matter whatsoever, shall not cause any delay or cessation in or of work, but shall
proceed with the performance of the work in dispute. This includes disputed time
extension requests and prices for changes.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 41 of 58
J 0, 'Go
4.4.6 The disputed work will be categorized as an "unresolved dispute" and payment, if
any, shall be as later determined by mutual agreement or a court of law. Contractor will
keep accurate, detailed records on all disputed work, claims and other disputed matters
and submit same to Agency. Public Contract Code 20104 et. seq., shall govern the
claim procedure.
4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for
time extension, or any other type of claim, later than as required by paragraph 4.3.2
unless the Agency agrees in writing to allow such reservation.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor
to perform a portion of the work at the site. The term "Subcontractor" is referred to
throughout the Contract as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term "Subcontractor" does not
include other Contractors or Subcontractors of other Contractors. A Subcontractor shall
be considered an employee of the Contractor and the Contractor shall be responsible
for his /her work.
5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with
a Subcontractor to perform a portion of the work at the site. The term "Sub -
subcontractor" is referred to throughout the Contract as if singular in number and means
a Sub - subcontractor or an authorized representative of the Sub - subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.2.1 All contracts between the general Contractor and its subcontractors and suppliers
shall include a provision that the subcontractors and suppliers shall be bound to the
Contractor to the same extent that the Contractor is bound to the Agency by all terms
and provisions of the Contract, and shall incorporate the contract by reference into all
subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor
shall be as fully responsible to the Agency for acts and omissions of Subcontractor and
of persons either directly or indirectly employed by Subcontractor, as he /she is for acts
and omissions of persons directly employed by himself /herself. Nothing contained in the
Contract shall create any contractual relation between any Subcontractor and the
Agency.
5.2.2 Contractor will comply with the bidding requirements, and shall furnish in writing
for review by the Agency, the names of persons or entities including those who are to
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueNValnut Canyon /Charles St. Page 42 of 58
furnish materials or equipment fabricated to a special design proposed for each
principal portion of the work.
5.2.3 The Agency's consent to or approval of any Subcontractor under this Contract
shall not in any way relieve the Contractor of his /her obligations under this Contract and
no such consent or approval shall be deemed to waive any provision of this Contract.
5.2.4 The Contractor shall not contract with a proposed person or entity to whom the
Agency has made reasonable and timely objection. The Contractor shall not contract to
any unlicensed or uninsured Subcontractor or supplier.
5.2.5 The Contractor shall not change a Subcontractor, person or entity previously
approved if the Agency makes reasonable objection to such change. Substitution or
addition shall be permitted only as authorized in Chapter 2 (commencing at Section
4100) Division 5, Title 1 of California Government Code.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Each subcontract agreement shall preserve and protect the rights of the Agency,
under the Contract with respect to the work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by
this Contract, has against the Agency. Where appropriate, the Contractor shall require
each Subcontractor to enter into similar agreements with Sub - subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution
of the subcontract agreement, copies of the Contract to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor
terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract. Subcontractors shall similarly make copies of applicable portions of
such documents available to their respective proposed Sub - subcontractors.
5.4 MUTUAL RESPONSIBILITY
5.4.1 The Contractor shall afford the Agency's own forces and other Contractors
reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Agency.
5.4.2 If part of the Contractor's work depends for proper execution or results upon
construction or operations by the Agency's own forces or other Contractors, the
Contractor shall, prior to proceeding with that portion of the work, promptly report to the
Agency apparent discrepancies or defects in such other construction that would render
it unsuitable for such proper execution and results. Failure of the Contractor to report
these discrepancies and defects shall constitute an acknowledgment that the Agency's
own forces or other Contractors' completed or partially completed construction is fit and
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 43 of 58
v 0 "G2
proper to receive the Contractor's work.
5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the
Contractor to completed or partially completed construction or to property of the Agency
or other Contractors.
5.4.4 Claims and other disputes and matters in question between the Contractor and
other Contractors shall be subject to the provisions of Paragraph 4.4.
5.5 AGENCY'S RIGHT TO CLEAN UP
5.5.1 If a dispute arises among the Contractor, other Contractors and the Agency as to
the responsibility under their respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish, the Agency may clean up and
allocate the cost among those responsible as the Agency determines to be equitable.
ARTICLE 6
CHANGES IN THE WORK
6.1 CHANGES
6.1.1 Changes in the work may be accomplished after execution of the Contract, and
without invalidating the Contract, by change order, construction change directive or
order for a minor change in the work, subject to the limitations stated in this Article 6
and elsewhere in the Contract.
6.1.2 A change order shall be based upon prior written agreement among the Agency,
and Contractor; a construction change directive requires prior written agreement by the
Agency and may or may not be agreed to by the Contractor; an order for a minor
change in the work may be issued by the Agency. Final approval for all change orders
rests with the Agency. The Agency's Executive Director is the final approving authority.
6.1.3 Changes in the work shall be performed under applicable provisions of the
Contract, and the Contractor shall proceed promptly, unless otherwise provided in the
change order, construction change directive or order for a minor change in the work.
6.1.4 Requests for changes and time extensions may be submitted in letter form with
detailed backup and substantiated reasons attached. All requests submitted without
detailed backup and substantiated reasons and will be returned without action.
6.2 CHANGE ORDERS
6.2.1 A change order is a written instrument prepared by the Agency and signed by the
Agency and Contractor, stating their agreement upon all of the following:
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 44 of 58
1. a subsequent change in the work;
2. the amount of the adjustment in the Contract lump sum, if any; and
3. the extent of the adjustment in the Contract time, if any.
6.3 CONSTRUCTION CHANGE DIRECTIVES
6.3.1 A construction change directive is a written order prepared and signed by the
Agency, directing a change in the work and stating a proposed basis for adjustment, if
any; in the Contract lump sum or Contract time, or both. The Agency may, by
construction change directive, without breaching the contract, order changes in the work
within the general scope of the Contract consisting of additions, deletions or other
revisions, the Contract lump sum and Contract time being adjusted accordingly, in
accordance with provisions of the contract documents.
6.3.2 A construction change directive shall be used in the absence of total agreement
on the terms of a change order or pending change order.
6.3.3 If the construction change directive provides for an adjustment to the Contract
lump sum, the adjustment shall be based on one of the following methods, and in
accordance with provisions of the contract documents:
1. Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
2. Unit prices stated in the Contract or subsequently agreed upon in writing;
3. Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
4. as provided in Subparagraph 6.3.6.
6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly
proceed with the change in the work involved and advise the Agency of the Contractor's
agreement or disagreement with the method, if any, provided in the Construction
change directive for determining the proposed adjustment in the Contract lump sum or
Contract time.
6.3.5 A Construction change directive signed by the Contractor indicates the agreement
of the Contractor therewith, including adjustment in Contract lump sum and Contract
time or the method for determining them. Such agreement shall be executed as a
change order.
6.3.6 If the Contractor does not respond promptly or disagrees with the method for
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 45 of 58
adjustment in the Contract lump sum, the method and the adjustment shall be
determined by the Agency on the basis of reasonable expenditures and savings of
those performing the work attributable to the change, including, in case of an increase
or decrease in the Contract lump sum, the pre- determined percentage for overhead and
profit. In such case, the Contractor shall keep and present, in such form as the Agency
may prescribe, an itemized account together with appropriate supporting data. Unless
otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6
shall be limited to the following:
1. Costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
2. Costs of materials, supplies and equipment, including cost of delivery by
supplier, whether incorporated or consumed;
3. Reasonable, competitive rental costs of equipment over $75 /day,
exclusive of hand tools and contractor owned vehicles, whether rented
from the Contractor or others;
4. Permit fees, and sales, use or similar taxes related to the work; as limited
in the conditions of the Contract.
6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be
included in applications for payment if a change order, to that effect has been signed by
the parties. The amount of credit to be allowed by the Contractor to the Agency 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 — Princeton Avenue/Walnut Canyon /Charles St. Page 46 of 58
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 — Princeton Avenue/Walnut Canyon /Charles St. Page 47 of 58
ARTICLE 8
PAYMENTS AND COMPLETION
8.1 CONTRACT LUMP SUM
8.1.1 The Contract lump sum is stated in the Contract and, including authorized
adjustments, is the maximum amount payable by the Agency to the Contractor for
performance of the work under the Contract.
8.2 APPLICATIONS FOR PAYMENT
8.2.1 Contractor shall submit to the Agency an itemized application for payment for work
completed in accordance with the schedule of values. The application will be supported
by such data substantiating the Contractor's right to payment as the Agency may
require.
8.2.2 Amounts billed by subcontractor or supplier are not a measure of work completed.
8.2.3 The Contractor warrants that upon submittal of an application for payment all work
for which recommendation for payment has been requested shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material
suppliers, or other persons or entities making a claim by reason of having provided
labor, material or equipment relating to the work. Copies of applicable releases should
be submitted with the Contractor's invoice.
8.2.4 Payment shall be made pursuant to payment terms, payment schedule and
requirements of the Contract.
8.2.5 Application for payment shall be submitted using the Contractor's own form of
invoice.
8.2.6 Payment shall be made as a lump sum pursuant to the Contract provisions
8.2.7 Substantial completion does not constitute approval for final payment nor final
acceptance of the work.
8.2.8 Payment requests will be rejected due to lack of, or improper releases or other
improper or incomplete documents required to be submitted with payment requests, as
determined by the Agency.
8.2.9 For all payments made under this contract, there will be no separate "Certificate
for Payment." The owner's issuance of a check constitutes a certificate of payment.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 48 of 58 , G.,
8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project invoice by certifying the amounts due on
and forwarding them to the Project Representative, along with all required releases and
certified payroll documents.
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:
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 49 of 58 1
1. Defective work not remedied;
2. Third party claims filed or reasonable evidence indicating probable filing of
such claims;
3. Alleged failure of the Contractor to make payments properly to
Subcontractors or for labor, materials or equipment;
4. Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract lump sum;
5. Damage to the Agency or another contractor or third party allegedly by
Contractor, his /her agent or employee;
6. Reasonable evidence that the work will not be completed within the
Contract time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
7. Persistent failure to carry out the work in accordance with the Contract;
8. Re- testing of non - passing tests, reimbursement for inspections, overtime
and minimum times not used;
9. Alleged breach of terms and conditions of Contract Documents;
10. Disputed items and issues;
11. Liquidated damages; or
12. Payments which may be past due and payable for just claims against
Contractor or any Subcontractor for labor or materials furnished in and
about the performance of work on the project under this Contract; and /or
13. Improper, incomplete or unacceptable documents, releases or back up
materials.
8.4.2 When the above reasons for withholding certification are removed to the Agency's
satisfaction, certification will be made for amounts previously withheld.
8.4.3 The Agency may apply such withheld amount or amounts to payment of such
claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the
agent of the Contractor and any payment so made by the Agency shall be considered
as a payment made under Contract by the Agency to the Contractor and the Agency
shall not be liable to the Contractor for such payments made in good faith. Such
payments may be made without prior judicial determination of claim or obligations. The
Agency will render the Contractor a proper accounting of such funds disbursed on
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueM/alnut Canyon /Charles St. Page 50 of 58,
behalf of the Contractor.
8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT
8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall
forward to the Agency a written notice that the work is ready for final inspection and
acceptance and shall also forward to the Agency a Contractor's application for final
retention payment. When the Agency finds the work to be acceptable under the
Contract and the Contract fully performed, the Agency will promptly issue a final
recommendation for retention payment stating that to the best of their knowledge,
information and belief, and on the basis of their observations and inspections, the work
has been completed in accordance with terms and conditions of the Contract and that
the entire balance found to be due the Contractor is due and payable.
8.5.2 No final retention payment shall become due until the Contractor submits to the
Agency (1) an affidavit that payrolls, bills for materials and equipment, and other
indebtedness connected with the work for which the Agency or the Agency's property
might be responsible or encumbered (less amounts withheld by Agency) have been
paid or otherwise satisfied; (2) a certificate evidencing that insurance and bonds
required by the Contract to remain in force after final payment is currently in effect and
will not be canceled or allowed to expire until at least 30 days' prior written notice has
been given to the Agency, and the Agency has given written permission to cancel said
insurance and /or bonds; (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required
by the Contract; (4) consent of surety, if any, to final payment; (5) a certificate
evidencing that Bonds required by the Contract will remain in full force and effect until
Agency issues written permission to exonerate them; and (6) all documentation required
by the payment schedule and (7) if required by the Agency, other data establishing
payment or satisfaction of obligations, such as receipts, releases and waivers of liens,
claims, security interests or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Agency. If such claim remains unsatisfied
after payments are made, the Contractor shall refund to the Agency all money that the
Agency may be compelled to pay in discharging such claim, including all costs and
reasonable attorneys' fees.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1 SAFETY PRECAUTIONS AND PROGRAMS
9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract
including, without limitation, safety, job meetings and training. The Contractor shall
submit the Contractor's safety program to the Agency and coordinate with the safety
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 51 of 58 p yy _ �f'� if
programs of other Contractors. Contractor will furnish minutes of all safety meetings to
the Agency.
9.1.2 In the event the Contractor encounters on the site material reasonably believed to
be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless
by Contractor's remediation activities as required by this Contract, the Contractor shall
immediately stop work in the area affected and report the condition to the Agency in
writing. The work in the affected area shall not thereafter be resumed except by written
agreement of the Agency and Contractor if in fact the material is asbestos or
polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, by written agreement of the Agency and
Contractor.
9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop work
in the affected area and report the condition to the Agency in writing. The Agency shall
then proceed in the same manner described in Subparagraph 9.1.2.
9.2 SAFETY OF PERSONS AND PROPERTY
9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
1. Employees on the job and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or Sub - subcontractors;
3. Other property at the site or adjacent thereto, such as trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction; and
4. Construction or operations by the Agency or other Contractors.
9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
9.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent sites and utilities.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 52 of 58
9.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified
personnel.
9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured
under property insurance required by the Contract) to property referred to in
subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a
Sub - subcontractor, supplier, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible
under subparagraph 9.2.1. This includes damage or loss caused by unknown persons
or causes. The foregoing obligations of the Contractor are in addition to the Contractor's
obligations under the indemnity sections of the Contract.
9.2.6 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person
shall be the Contractor's superintendent unless otherwise designated by the Contractor
in writing to the Agency.
9.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger safety to persons or property.
9.3 EMERGENCIES
9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act,
at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an
emergency shall be determined as provided in Paragraph 4.3 and Article 7.
ARTICLE 10
INSURANCE
10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for
additional insurance requirements)
10.1.1 The Contractor shall purchase from and maintain in a company or companies
"admitted" by the State of California such insurance as specified in the Special Bid
Terms and Conditions for this project as will protect the Contractor from claims which
may arise out of or result from the Contractor's operations under the Contract and for
which the Contractor may be legally liable, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable.
10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 53 of 58
limits of liability specified in the Contract Documents or required by law, whichever
coverage is greater. Coverages must be written on an occurrence basis and shall be
maintained without interruption from date of commencement of the work until after
guarantee period expires and Agency has given written permission to cancel insurance.
10.1.3 Certificates of Insurance acceptable to the Agency shall be submitted to the
Agency prior to commencement of the work. Additional certificates evidencing
continuation of coverage after final payment shall be submitted with the final Application
for Payment as required by Subparagraph 10.1.2.
10.1.4 All certificates must be original. An original endorsement, naming the Agency as
additional insured must also be submitted before the Notice to Proceed will be issued.
10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said
insurance coverage is required in addition to all other insurance coverage required by
other provisions of the Contract Documents. Contractor to pay all deductibles.
10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a
copy of each policy that includes insurance coverages required by this Paragraph 10.1.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the
policy will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 54 of 58 `
Technical Specifications
For the Demolition of Structures and Appurtenances at 14245 Princeton Avenue,
1095 Walnut Canyon Road, and 460 Charles Street, Moorpark, California
1. The Agency has obtained the services of a licensed laboratory to verify a
presence or absence of asbestos containing materials (ACM) on each Property. Based
on the licensed laboratories report, all of the properties tested positive for class II non -
friable ACM in good condition. One property tested positive for class I friable ACM. The
pre - demolition survey reports are attached to this bid document, with estimated square
footage removal amounts, for reference. The Contractor is responsible for coordinating
the hazardous materials remediation on the properties prior to commencement of
demolition work. All ACM must be removed by a licensed asbestos abatement
contractor using appropriate controls to prevent fiber emissions during the removal
process. All asbestos abatement work must be monitored by a Certified Asbestos
Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the
supervision of a CAC. This should include area monitoring and final air clearance
testing upon conclusion of field work to ensure compliance with the EPA's
recommended clearance level. If a Contractor proposes to perform this work with their
own forces, proof of the Contractor's valid DOSH registration number must be submitted
with the bid documents. If the Contractor does not have a valid DOSH registration
number for Asbestos removal, a subcontractor must be listed to perform this work.
Failure to comply with either of these requirements, may lead to the bid being rejected
as non - responsive.
2. Demolish and remove all structures, paving, footings, walkways, trash,
debris, landscaping, organic material, large boulders, bricks, blocks, miscellaneous
abandoned items, shrubs and trees inside of the property lines at 14245 Princeton
Avenue, 1095 Walnut Canyon Road, and 460 Charles Street. Trim trees and shrubs not
located within but that extend into the property at the property line as indicated.
Attached site plans are for general information only and are not to scale or a true
representation of the site conditions. Contractor is responsible for procuring all
permits for this work including those needed from the City of Moorpark Planning
Department and Building and Safety Office and Air Pollution Control District.
3. The City of Moorpark franchises its solid waste services. As such, all trash
and debris must be lawfully disposed of offsite at an approved landfill using one
of the City's two franchise waste haulers (G.I. Rubbish or Anderson Disposal) to
haul away any and all material destined for the landfill. In order to ensure
compliance with this requirement, bidders are required to submit the franchise
hauler as a subcontractor on the "Bidder's Statement of Subcontractors.... ". Failure
to do so may result in a bid being rejected as non - responsive. Recyclable or
salvageable materials may be self - hauled by the contractor, 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 for the Contractor to bid the self -haul
option. If the Contractor bids with the self -haul option, a permit must be issued by the City
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 55 of 58
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.
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. Prior to commencing
any demolition work, the Contractor shall contact "Dig Alert" and all serving
utilities and make all arrangements necessary to insure that all utilities are
properly located, removed and capped at the property line, as required. All
necessary fees, permits and requirements of the serving utilities and authorities having
jurisdiction will be secured and paid for by the contractor, contractor will coordinate all
utility disconnections and removals necessary to proceed with the work in a timely
manner. Agency Staff can provide a listing of affected utilities upon request.
5. 14245 Princeton Avenue has a septic system and is not connected to the public
sewer system. It is the only location in this job that has a septic system; all others are
connected to the public sewer. A review of all City and Water and Sanitation district
records was not able to pinpoint the location of the septic tank. As a part of this job, the
Contractor is responsible for locating and abandoning this septic system.
6. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or
cutting are completely secured and properly barricaded to ensure separation of such
operations with anybody other than who is authorized to be in construction area before
beginning such work. Provide barricades and maintenance thereof, in accordance with
applicable Federal, State and local codes and their respective requirements. Install
temporary barricades, enclosures and protections before demolition work is started.
7. All fencing at the 1095 Walnut Canyon Road and 460 Charles Street properties
are to remain. Contractor may roll back or temporarily remove fencing in order to
facilitate demolition work; however, it must be replaced after work is completed. All
fencing at 14245 Princeton Avenue should be removed and discarded. No fencing is
needed to replace it.
8. Contractor is responsible for provision of water to the site, whether it is through
the use of a water meter on a hydrant, a watering truck, or other method. The City of
Moorpark falls within Ventura County Waterworks District No. 1, (805) 378 -3000 and
water meters can be procured through them.
9. During demolition, take all precautions necessary to mitigate blowing dust and
dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt
migration. Comply with governing regulations and County Air Pollution Control District
pertaining to environmental protection. Do not use water when it may create hazardous
or objectionable conditions such as flooding and pollution. Do not allow demolished
material to accumulate on site, have debris hauled off at regular intervals using
appropriate City franchise waste hauler. (See item 3.)
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 56 of 58
10. Perform demolition exercising proper care to prevent injury to the public,
workmen and adjoining property. Repair or replace existing work scheduled to remain,
which is damaged by these operations. Return elements of construction and surfaces to
remain to existing condition prior to start of operations. Repair adjacent construction or
surfaces soiled or damaged by demolition work.
11. Limit Demolition operations to the immediate property on which the work is to be
performed, do not infringe upon the adjoining roads or rights -of -way. Keep all access
routes and adjoining roads and rights -of -way clean at all times. The tracking of mud, dirt
or any other debris onto the adjacent and surrounding roads will not be permitted at any
time. If there is debris tracked onto roads, at no time will the use of water be an
acceptable clean -up method.
12. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
13. No blasting will be permitted and burning of rubbish at the site is not allowed.
14. Site and surrounding areas to be left clean and free of any debris, organics
pavement or other unsuitable materials.
15. Except as otherwise specified, in the event the contractor encounters on the
project site material reasonably believed to be Asbestos, Polychlorinated biphenyl
(PCB) or other hazardous materials which have not been rendered harmless by
Contractors remediation efforts as required by this contract, Contractor shall
immediately stop work in the effected area and report the condition to the Agency's
Representative in writing.
16. Submit schedule for approval by the Agency's Representative indicating
proposed methods and sequence of operations for demolition work. Include
coordination for shutoff, capping and continuation of utility services as required, together
with details for dust and noise control protection. Provide detailed sequence of
demolition and removal operations.
17. Contractor will provide a competent English- speaking Superintendent to oversee
the complete project. The Superintendent shall be present at all times work is being
performed. The Superintendent shall have the authority to bind Contractor through
Superintendents acts. The Superintendent shall represent the Contractor;
communications given to the Superintendent shall be binding on the Contractor.
18. Contractor will be responsible for the security of the site. Contractor shall be
responsible for all damages to persons or property that occur as a result of its fault or
negligence in the performance of this contract and shall be responsible for the
protection of the project site until final acceptance by the Agency. Contractor shall take
all necessary precautions for the safety of workers on the project and shall comply with
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton Avenue/Walnut Canyon /Charles St. Page 57 of 58
all applicable federal, state, local and other safety laws, standards, orders, rules,
regulations, and building codes to prevent accidents or injury to persons on, about, or
adjacent to the premises where work is being performed and to provide a safe and
healthful place of employment.
19. Contactor will be responsible to include appropriate construction site Best
Management Practices to comply with applicable storm water and urban runoff permits,
regulations, codes or laws.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — Princeton AvenueMalnut Canyon /Charles St. Page 58 of 58
ATTACHMENT 2
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK ( "AGENCY "), CALIFORNIA, AMENDING
THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING
$32,791.00 FROM THE MRA — LOW /MOD HOUSING —
OPERATIONS (2901) FUND FOR DEMOLITION OF 460
CHARLES STREET, AND 1095 WALNUT CANYON ROAD
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 460 Charles
Street and 1095 Walnut Canyon Road; 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 amount of $32,791.00 from the MRA —
Low /Mod Housing — 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 16th day of January, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A" — Budget Amendment Detail
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2007/2008
FUND ALLOCATION FROM:
Fund
Account Number
Amount
Amended Budget
MRA Low /Mod Income Housing - Operations
2901 -5500
$ 32,791.00
Total
$ 15,026.00
$ 32,791.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5039 -9611
$ -
$ 15,026.00
$ 15,026.00
2901 - 2420 - 5040 -9611
$ 17,765.00
$ 17,765.00
Total
$ -
$ 32,791.00
1 $ 32,791.00
tai
Approved as to Form:
1, U ) 0 �-lr' 9
M b- C.
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
Date: December 20, 2007 (Agency Meeting of 1/16/08)
Subject: Consider Approving Relocation Plan for 1113 Walnut Canyon
BACKGROUND
The Redevelopment Agency of the City of Moorpark ( "Agency ") recently acquired
1113 Walnut Canyon ( "Property "). This site will be aggregated with other Agency
owned properties to produce a site for a future affordable ownership housing
project ( "Project ").
DISCUSSION
The Property is improved with one, one bedroom single family dwelling, which is
occupied by an above moderate income household. In order to move forward
with the Project, the household will need to be permanently relocated. The
proposed displacement triggers relocation assistance obligations under State
Relocation Law, California Government Code Section 7260 et seq. and the State
Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 et seq.
Whenever all or any portion of a redevelopment project is developed with low or
moderate income housing units and whenever any low or moderate income
housing units are developed with any agency assistance or pursuant to Section
33413, the agency shall require by contract or other appropriate means that such
housing be made available for rent or purchase to the persons and families of
low or moderate income displaced by the redevelopment project. However, since
the household occupying the dwelling at the Property is not a low or moderate
income household, they will not receive a priority status for a future Agency
affordable housing project.
('41t dso
Among the various obligations of the State Relocation Law is the requirement to
prepare a relocation plan addressing the circumstances and needs of those
persons potentially displaced by the Project. Attachment I is the Relocation Plan
( "Plan ") that has been prepared by Overland, Pacific & Cutler (OPC) in
accordance with the specific requirements set out in Section 6038 of the State
Relocation Guidelines concerning projects that involve the displacement of less
than 15 households. This Plan provides the Project description, the results of a
needs assessment survey conducted among residents, a housing resource study
and details of the Agency's proposed relocation program. No displacement
activities will take place prior to the required reviews and approval of this Plan.
Although not required by law, on November 28, 2007, Agency staff reviewed the
proposed relocation outlined in the plan with the Project Area Committee (PAC).
The PAC concurred that the tenant occupying the Property is being treated fairly.
FISCAL IMPACT
The total cost of permanently relocating the tenant is anticipated to be $39,300,
which includes a 10% contingency.
STAFF RECOMMENDATION
Adopt Relocation Plan for 1113 Walnut Canyon.
Attachment I: Relocation Plan
(,P,0! 081
Attach mcnt
RELOCATION PLAN
FOR THE
AFFORDABLE HOUSING PROJECT
1113 WALNUT CANYON
PREPARED FOR
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
fm
OVERLAND, PACIFIC & CUTLER, INC.
100 W. BROADWAY, SUITE 500
LONG BEACH, CA 90802
PHONE: (800) 400 -7356
DECEMBER 7, 2007
; � 114,00 8—
INTRODUCTION ...................... ............................... 1
A.
PROJECT LOCATION ............ ............................... 1
B.
ASSESSMENT OF NEEDS ......... ............................... 2
C.
REPLACEMENT HOUSING RESOURCES ........................... 2
D.
CONCURRENT RESIDENTIAL DISPLACEMENT ...................... 3
E.
TEMPORARY HOUSING .......... ............................... 3
F.
PROGRAM ASSURANCES AND STANDARDS ........................ 3
G.
RELOCATION ASSISTANCE PROGRAM ............................ 4
H.
CITIZEN PARTICIPATION /PLAN REVIEW ............................ 5
I.
RELOCATION BENEFIT CATEGORIES ............................. 5
J.
PAYMENT OF RELOCATION BENEFITS ............................ 7
K.
EVICTION POLICY ............... ............................... 7
L.
APPEALS POLICY ............... ............................... 8
M.
PROJECTED DATES OF DISPLACEMENT ........................... 8
N.
ESTIMATED RELOCATION COSTS . ............................... 8
TABLE OF ATTACHMENTS
INTRODUCTION
The Redevelopment Agency of the City of Moorpark (the Displacing Agency or Agency)
has acquired a 11,325 square foot parcel improved with one single family dwelling unit. It
is the intent of the Agency to join this parcel with other properties to create a larger site for
future affordable housing development (the Project). To effectuate the development of the
Project, the Agency must permanently relocate one residential household. The household
currently occupies a small, one - bedroom unit. The proposed displacement triggers
relocation assistance obligations under State Relocation Law, California Government Code
Section 7260 et seq. (the Law) and the State Relocation Guidelines, California Code of
Regulations, Title 25, Chapter 6 et seq. (the Guidelines). Among the various obligations
of the Law is the requirement to prepare a relocation plan addressing the circumstances
and needs of those persons potentially displaced by the Project.
The following Relocation Plan (the Plan) has been prepared by Overland, Pacific & Cutler
(OPC) in accordance with the specific requirements set out in Section 6038 of the
Guidelines concerning projects that involve the displacement offewerthan 15 households.
This Plan provides a Project description, the results of a needs assessment survey of the
residential household, a housing resource study and details of the Agency's proposed
relocation program. No displacement activities will take place prior to the required reviews
and approval of this Plan.
A. PROJECT LOCATION
The proposed Project will take place in the City of Moorpark (the City) which is located in
the southeastern portion of Ventura County, approximately 40 miles northwest of
downtown Los Angeles. Moorpark is easily accessible from State Routes 23 and 118 with
neighboring communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula,
and Fillmore. (See Attachment 1, Map 1).
The specific Project site is located just west of the SR -118 Ronald Reagan Freeway, near
the northwest corner of Walnut Canyon Road and Casey Road. (See Attachment 1, Map
2).
Overland, Pacific & Cutler, Inc. Page 1
t 03''
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, Califomia
B. ASSESSMENT OF NEEDS
In October 2007, survey information for the Plan was obtained from a personal, on -site
interview with the affected residential household.
A four member household occupies a one - bedroom single family dwelling of approximately
463 square feet. The tenants began occupancy of the house in October 1989. Monthly rent
was reported to be $600 with tenant responsible to pay for all utilities. The household
reports their ethnicity as Hispanic, and English as primary language.
According to income standards for the County of Ventura adjusted for family size, as
published by the United States Department of Housing and Urban Development (HUD) in
April 2007, the Project household qualifies as above average or high income (over 120%
of area median). The household is not considered a senior household (head of household
or spouse 62 years or older) and has no reported physical disabilities that could affect the
relocation process.
The standard for housing density adopted by the Agency allows two persons per bedroom
and one person in a common living area. The Project household requires a two- bedroom
unit based on this Agency standard. Replacement housing referrals to the occupants will
reflect the need for larger accommodations.
Prevailing HUD income standards as well as general demographic information for the City
are presented in Attachments 2 and 3.
C. REPLACEMENT HOUSING RESOURCES
A housing resource survey was conducted in October and November 2007 to determine
the availability of replacement housing within the cities of Moorpark, Thousand Oaks and
Simi Valley. Two - bedroom single- family, duplex, condominium, townhouse and apartment
residences were considered as appropriate replacement dwelling units.
Overland, Pacific & Cutler, Inc. Page 2
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, California
Housing availability survey results are summarized below in Table 1. The data indicate
sufficient availability of needed housing units.
TABLE 1: Replacement Rental Housing Resources
Bdrm Size
(Needed)
Range
Median
2
(1)
$1,150 - $2,085
$1,550
D. CONCURRENT RESIDENTIAL DISPLACEMENT
The Agency is involved in another future affordable housing project that will potentially
displace one household. Based on the preliminary information provided to the Agency that
household will require a larger replacement unit; therefore, no conflicts for competing
housing resources are expected.
E. TEMPORARY HOUSING
There is no anticipated need for temporary housing. Should such a need arise, the
displacing entity will respond appropriately and in conformance with all applicable laws and
requirements.
F. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds available to relocate this one household. Services will be
provided to ensure that displacement does not result in different or separate treatment
based on race, nationality, color, religion, national origin, sex, marital status, familial status,
disability or any other basis protected by the federal Fair Housing Amendments Act, the
Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil
Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment
& Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.
Overland, Pacific v Cutler, Inc. Page 3
t _ ;"043 Is G
Relocation Plan -Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, California
No one will be displaced without a 90 day notice and unless "comparable" replacement
housing can be located. "Comparable" housing includes standards such as: decent, safe,
and sanitary (as defined in § 6008(d) of the Guidelines), comparable as to the number of
bedrooms, living space, and type and quality of construction of the acquired unit but not
lesser in rooms or living space than necessary to accommodate the displaced household;
in an area that does not have unreasonable environmental conditions; not generally less
desirable than the acquired unit with respect to location to schools, employment, health
and medical facilities, and other public and commercial facilities and services; and within
the financial means of the displaced household as defined in section 6008, subdivision
(c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity
conforms with the standards and provisions set forth in Government Code section 7260
et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if
applicable, and all other applicable regulations and requirements.
G. RELOCATION ASSISTANCE PROGRAM
A relocation representative from Overland, Pacific & Cutler, Inc. is available to assist the
displaced household with questions regarding relocation and /or assistance in relocating.
Staff may be contacted by calling (800) 400 -7356 during the hours of 8:00 a.m. to 5:00
p.m., Monday through Friday. The relocation offices are located at:
Overland, Pacific & Cutler, Inc.
100 W. Broadway, Suite 500
Long Beach, CA 90802
A comprehensive relocation assistance program, with technical and advisory assistance,
will be provided to the household or households being displaced and close contact will be
maintained throughout the relocation process. Specific activities will include:
1. Distribution of informational brochure (see Attachment 4);
Overland, Pacific & Cutler, Inc. Page 4
1 00Is7
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Aloorhark, California
2. Timely referrals to at least three comparable replacement units as defined
above and, if necessary, transportation will be provided to inspect potential
replacement units;
3. Assistance with completion and filing of relocation claims, rental applications,
and appeals forms, if necessary.
H. CITIZEN PARTICIPATION /PLAN REVIEW
This Plan will be provided to the household and will be made available to the public for a
mandatory 30 day review period. Comments to this Plan will be included as a Plan
addendum (see Attachment 6) prior to submission for approval before the Agency Board.
A copy of the approved Plan will be forwarded to the California Department of Housing and
Community Development (HCD).
I. RELOCATION BENEFIT CATEGORIES
Relocation benefits will be provided in accordance with the Law, the Guidelines, and all
other applicable regulations and requirements. Benefits will be paid upon submission of
required claim forms and documentation in accordance with approved procedures. The
displacing Agencywill provide appropriate benefits forthe displaced household as required
by the law.
1. Residential Moving Expense Payments
The subject household or households will be eligible to receive a payment for
moving expenses. Payments will be made based upon either a fixed room count
schedule or an invoice for actual reasonable moving expenses from a licensed
professional mover.
1) Fixed Payment - A fixed payment for moving expenses based on the
number of rooms containing furniture or other personal property to be
Overland, Pacific & Cutler, Inc. Page 3
()� I o
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, California
moved. The fixed moving payment will be based upon the most recent
Federal Highway Administration schedules maintained by the
California Department of Transportation (see Fixed Payment Moving
Schedule — Attachment 5).
Imm
2) Actual Reasonable Moving Expense Payments - The displaced
household may elect to have a licensed, professional mover perform
the move. If an actual move is selected, the displacing entity will pay
for the actual cost of the move up to 50 miles and all reasonable
charges for packing, unpacking, insurance, and utility connection
charges. The payment will be made directly to the mover or as
reimbursement to the displaced household.
2. Rental Assistance /Downpayment Assistance
Residential tenants who have established residency at the Project site for a
minimum of 90 days prior to the initiation of negotiations to purchase the property
and who choose to re -rent, may be eligible to receive a Rental Assistance Payment
in addition to compensation for moving expenses. "Initiation of Negotiations" is
defined as the first written offer by the Agency to buy the property from which the
households will be displaced. In this case, the date of the first written offer to
purchase the property is May 8, 2007.
Rental Assistance Payments will be limited to a maximum of $5,250, based upon
the monthly housing need over a 42 month period, prior to consideration of Last
Resort Housing needs. Eligible households may opt to apply the full amount of their
rental assistance eligibility toward the purchase of a replacement dwelling.
Overland, Pacific & Cutler, Inc. Page 6
x d f 'ki
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, California
3. Last Resort Housing Payments
The displaced persons will be entitled to consideration for supplementary benefits
in the form of Last Resort Housing assistance when the computed total of their
rental assistance eligibility exceeds $5,250.
J. PAYMENT OF RELOCATION BENEFITS
Relocation benefit payments will be made expeditiously. Claims and supporting
documentation for relocation benefits must be filed with the displacing entity within 18
months from: (i) the date the claimant moves from the acquired property; - or - (ii) the date
on which final payment for the acquisition of real property is made, whichever is later. The
Agency representative will inform and assist the displacee with obtaining the necessary
documentation and will assist with the claim preparation.
No household will be displaced until "comparable" housing is located as defined above and
in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any
replacement units to which referrals are made to verify that they meet all the standards of
decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines.
However, no household will be denied benefits if it chooses to move to a replacement unit
which does not meet the standards of decent, safe, and sanitary housing.
K. EVICTION POLICY
This displacing Agency recognizes that eviction is permissible only as a last resort and that
relocation records must be documented to reflect the specific circumstances surrounding
any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation
of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses
all reasonable offers to move. Eviction will not affect the eligibility of a person legally
entitled to relocation benefits.
Overland, Pacific & Cutler, Inc. Page 7
E J,00() 9 0
Relocation Plan - Affordable Housing Project @ 1113 Walnut Canyon, Moorpark, Cali oniia
L. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq. of the
Guidelines. Briefly stated, the displaced household will have the right to ask for review
when there is a complaint regarding any of their rights to relocation and relocation
assistance, such as a determination as to eligibility, the amount of payment, or the failure
to provide a comparable replacement housing referral.
M. PROJECTED DATES OF DISPLACEMENT
The household will receive a 90 day notice to vacate before they are required to move.
These notices are expected to be issued by the end of January 2008.
N. ESTIMATED RELOCATION COSTS
Any and all required financial assistance will be provided. The budget estimate for this
Project, based upon one potentially displaced household, is:
$39,300
Overland, Pacific & Cutler, Inc. Page 8
U-1 :per
5
ty ,() 01
TABLE OF ATTACHMENTS
Attachment 1: Project Maps
Attachment 2: HUD Income Category Limits for Ventura County - 2007
Attachment 3: Demographic Information
Attachment 4: Informational Brochure to be given to Displaced Households
Attachment 5: Fixed Payment Moving Schedule
Attachment 6: Public Comments and Response
i 0 0 ,a 9 2
ATTACHMENT 1
PROJECT SITE MAPS
Ar.prlrrs Nan„r�a: t,�,°s:
Lin Paares Nauun.I Forevt
C A L I IF 0 R N I A
Mi. Mcrae `qy
t5U V� -N 7 U R k
0.k View Faanae 0
` tm. -. Saner
paraa
to
rr Protect Laad°n ,}k.
ta! f IADOrnrlsa _Ostia VOW: evon
D °5.r1'Fu:m.rldo
VMaa ♦ _- , A
1xit�a ° -� t` srvre 9
BFs
ftbs°De.
00, d ---� _ g L. c.n.a.
-. N llauasNl oaks �� C tm� Blaeale
Vat A •.... .< IBI IN
Va.pe ._ -.2.
S/Aer
' WA. Pkaa. MDUntainc Natam. Necr,:atiur•Arra l S A. N G E 4
°snap NN z' 11p
4 LosMpsle
t .Melba `:M^�a:e81r ro
`d -. View Pak
yitaaspa v SaN.Mmk.�:. _...�. Slsumn. AV. WJwa'a�a:.
1WW P a c ! t 1 c O c e a n r. t YlelawoaA
L9 Sepal°
14alaa'6e° vAl-
CopVrldht'BN�d05:MiCrospR Corp. andlor its Suppliers All nahts reserved
Map l: Regional Project Location
QD I
G'e
rn
Pro Laatipr: lJ�
6
m
Q�a
Casey Rd 4t�
23
d� m
s
9� Everett St - -- -U
Moorpark CJ
° Eonnie View. St
Charles St
N = O
W High St. m = E High Sk 0
co
tst St Dorothy. AYe o
Kom andfortts sUPPIIers . All nohts resewd
Map 2: Project Site Location
ATTACHMENT 2
HUD ANNUAL MEDIAN INCOME LIMITATIONS -
VENTURA COUNTY
The following figures are approved by the U. S. Department of Housing and Urban
Development (H.U.D.) for use in the County of Ventura to define and determine housing
eligibility by income level.
Area Median; $79,500
Family Size
Extremely
Low
Income''
Very Low
Income
Low
Income
Median
Income
Moderate
Income
1 Person
18,000
30,000
48,000
55,700
66,800
2 Person
20,550
34,300
54,850
63,600
76,300
3 Person
23,150
38,550
61,700
71,600
85,900
4 Person
25,700
42,850
68,550
79,500
95,400
5 Person
27,750
46,300
74,050
85,900
103,000
6 Person
29,800
49,700
79,500
92,200
110,700
7 Person
31,850
53,150
85,000
98,600
118,300
8 Person
33,900
56,550
90,500
104,900
125,900
Figures are per the Department of Housing and Community Development (California),
Division of Housing Policy Development, April 18, 2007.
i eo,J5 4
ATTACHMENT 3
DEMOGRAPHIC INFORMATION
2000 Census Population - City of Moorpark & Tract 76.04
Population
Tract 76.04
%
city
%
Total Population
8,874
100.0%
31,415
100.0%
White
6,610
74.5%
23,378
74.4%
Black or African American
158
1.8%
476
1.5%
American Indian and Alaska Native
41
0.5%
149
0.5%
Asian
566
6.4%
1,770
5.6%
Native Hawaiian and Other Pacific Islander
21
0.2%
46
0.1%
Some Other Race
1,180
13.3%
4,381
13.9%
Two or More Races
298
3.4%
1,215
3.9%
Hispanic or Latino (of Any Race)
2,483
28.0%
8,735
27.8%
Source: U.S. Census Bureau, Race, Hispanic or Latino, and Age: 2000
2000 Census Housing Units - City of Moorpark & Tract 76.04
Type
Tract 76.04
%
city
%
Total Units
2,721
100.0%
9,094
100.0%
Owner- Occupied
2,191
80.5%
7,385
81.2%
Renter - Occupied
486
17.9%
1,609
17.7%
Vacant Housing Units
44
1.6%
100
1.1%
Available for Sale Only (of Total Vacant
Units)
12
27.3%
39
39.0%
Available for Rent - Full Time Occupancy
(of Total Vacant Units)
3
6.8%
20
20.0%
Sold or Rented - Not Occupied
18
40.9%
18
18.0%
Otherwise Not Available (e.g. seasonal,
recreational, migratory, occasional use)
2
4.5%
11
11.0%
Other Vacant
9
20.5%
12
12.0%
Source: U.S. Census Bureau, General Housing Characteristics: 2000
ATTACHMENT 4
INFORMATIONAL BROCHURE TO BE GIVEN TO THE DISPLACED HOUSEHOLD
Informational Statement for Famil
(CA State)
I. General Information
II. Assistance In Locating A Replacement Dwelling
III. Moving Benefits
IV. Replacement Housing Payment - Tenants And Certain Others
V. Section 8 Tenants
VI. Replacement Housing Payment - Homeowners
VI I. Qualification For And Filing Of Relocation Claims
VIII. Last Resort Housing Assistance
IX. Rental Agreement
X. Evictions
XI. Appeal Procedures — Grievance
XII. Tax Status Of Relocation Benefits
XIII. Additional Information And Assistance Available
I. GENERAL INFORMATION
The building in which you now live is in an area to be improved by the Redevelopment Agency of the City
of Moorpark (called here the "Displacing Agency "). As the project schedule proceeds, it will be necessary
for you to move from your dwelling. You will be notified in a timely manner as to the date by which you
must move.
Please read this information as it will be helpful to you in determining your eligibility and the amount of
your relocation benefits you may receive under the federal and/or state law. We suggest you save this
informational statement for reference.
The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to
provide relocation assistance to you. The firm is available to explain the program and benefits. Their address
and telephone number is:
Overland, Pacific & Cutler, Inc.
100 W. Broadway, Suite 500
Long Beach, CA 90802
Telephone: (562) 304 -2000
Spanish speaking representatives are available. Si necesita esta informacion en espanol, por favor Ilame
a su representante.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR
DWELLING. However, if you desire to move sooner than required, you must contact your representative
with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general
informational brochure only, and is not intended to give a detailed description of either the law or regulations
pertaining to the Displacing Agency's relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted and
jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing
Agency acquires the property, you will also be required to pay rent to the Displacing Agency. r, ,
4Vt. 0J 97
= Facie 1
II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Displacing Agency, through its representatives, will assist you in locating a comparable replacement
dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively
seek such housing yourself.
When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an
inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing
requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper
weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass
inspection before relocation assistance payments can be authorized.
III. MOVING BENEFITS
If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist
in moving your personal property. The actual, reasonable and necessary expenses for moving your household
belongings may be determined based on the following methods:
• Fixed Moving Payment based on the number of rooms you occupy (see below); or
• payment for your Actual Reasonable Moving and Related Expenses based on at least two
written estimates and receipted bills; or
A combination of both.
For example, you may chose a Self Move, receiving a payment based on the Fixed Residential Moving Cost
Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other
items that require special handling. In this case there maybe an adjustment in the number of rooms which
qualify under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment
A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you
own your own furniture. The payment is based upon a schedule approved by the Displacing Agency,
and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an
unfurnished dwelling. (For details see the table below). Your relocation representative will inform
you of the amount you are eligible to receive if you choose this type of payment.
Y G() i5 CS
Fade 2
FIXED MOVING SCHEDULE- CALIFORNIA (effective June 2005)
Occupant owns furniture
Occupant does NOT own furniture
1 room $625.00
1 room $400.00
2 rooms $800.00
each additional room $65.00
3 rooms $1,000.00
4 rooms $1,175.00
5 rooms $1,425.00
6 rooms $1,650.00
7 rooms $1,900.00
8 rooms $2,150.00
each additional room $225.00
If you select a fixed payment, you will be responsible for arranging for your own move and the
Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed
payment also includes utility hook -up, credit check and other related moving fees.
B. Actual Moving Expense (Professional Move)
If you wish to engage the services of a licensed commercial mover and have the Displacing Agency
pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles.
Your relocation representative will inform you of the number of competitive moving bids (if any)
which may be required, and assist you in developing a scope of services for Displacing Agency
approval.
IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS
You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present
dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied your
dwelling between 90 and 180 days prior to the initiation of negotiations.
A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental
assistance benefits will be based upon the difference over a forty-two (42) month period between the
rent you must pay for a comparable replacement dwelling and the lesser of your current rent and
estimated utilities or thirty percent (30 %) of your gross monthly household income. You will be
required to provide your relocation representative with monthly rent and household income
verification prior to the determination of your eligibility for this payment.
9101M
g . 9 9
B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement
dwelling, you can apply up to the total amount of your rental assistance payment towards the down -
payment and non - recurring incidental expenses. Your relocation representative will clarify
procedures necessary to apply for this payment.
V. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. As
outlined above, you will be provided counseling and other advisory services along with moving benefits.
VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days
prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to
assist you in purchasing a comparable replacement unit. This payment is intended to cover the
following items:
1. Purchase Price Differential - An amount which, when added to the amount for which the
Displacing Agency purchased your property, equals the lesser of the actual cost of your
replacement dwelling; or the amount determined by the Displacing Agency as necessary to
purchase a comparable replacement dwelling. Your relocation representative will explain
both methods to you.
2. Mortgage Interest Differential - The amount which covers the increased interest costs, if
any, required to finance a replacement dwelling. Your relocation representative will explain
limiting conditions.
3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement
unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as
prepaid taxes and insurance premiums are not compensable.
B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than purchase a
replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that
could have been received under the Purchase Price Differential, explained above. The payment will
be based on the difference between an economic rent of the dwelling you occupy and the rent you
must pay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling, you may apply for a payment equal to the amount you would have received if
you had initially purchased a comparable replacement dwelling, less the amount you have already
received as a rental assistance payment.
VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
• For a tenant, the date you move from the displacement dwelling. ( ( p Q
Page 4
• For an owner - occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or, in the case of
condemnation, the date the full amount of estimated just compensation is deposited in court,: or
b. The date you move from the displacement dwelling.
All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months
from the date on which you receive final payment for your property, or the date, on which you move,
whichever is later.
VIII. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if replacement
housing is not available within the monetary limits described above, the Displacing Agency ill provide Last
Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last
Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation
representative will explain the process for determining whether or not you qualify for Last Resort assistance.
If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the
entire amount of your rental assistance and last resort eligibility must be applied toward the down - payment
and eligible incidental expenses of the home you intend to purchase.
IX. RENTAL AGREEMENT
As a result of the Displacing Agency's action to purchase the property where you live, you may become a
tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will
specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other
pertinent information.
X. EVICTIONS
Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to
relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property
to be purchased by the Agency will be required to move without having been provided with at least 90 days
written notice from the Agency. Eviction will be undertaken only in the event of one or more of the
following reasons:
• Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to
keep the premises in habitable condition, is the result of harassment or retaliatory action or is the
result of discontinuation or substantial interruption of services;
• Performance of dangerous illegal act in the unit;
• Material breach of the rental agreement and failure to correct breach within 30 days of notice;
• Maintenance of a nuisance and failure to abate within a reasonable time following notice;
• Refusal to accept one of a reasonable number of offers of replacement dwellings; or
• The eviction is required by State or local law and cannot be prevented by reasonable efforts on
the part of the public entity.
XI. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a
payment, may have his/her claim reviewed or reconsidered in accordance with the Displacing Agency's
appeals procedure. Complete details on appeal procedures are available upon request from the Displacing
Agency.
XII. TAX STATUS OF RELOCATION BENEFITS
California Government Code Section 7269 indicates no relocation payment received shall be considered as
income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of
Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing
with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49
CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be
considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as
the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax
consequences, and displacees should consult with their own tax advisor or legal counsel to determine the
current status of such payments.
XIII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible to
minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly
appreciated. If you have any questions at any time during the process, please do not hesitate to contact your
relocation representative.
?age 6
ATTACHMENT 5
Fixed Payment Moving Schedule
Occupant Owns Furniture
One room
$625.00
Two rooms
$800.00
Three rooms
$1,000.00
Four rooms
$1,175.00
Five rooms
$1,425.00
Six rooms
$1,650.00
Seven rooms
$1,900.00
Eight rooms
$2,150.00
each additional room
$225.00
Occupant Does NOT Own Furniture
First Room
$400.00
each additional room
$65.00
ATTACHMENT 6
PUBLIC COMMENTS AND RESPONSE