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MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 18, 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. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of June 4, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Authorization of Recordation of Notice of Completion for the
Demolition Proiects at 765 Walnut Street, a Portion of 782 Moorpark Avenue,
and 81 Charles Street. Staff Recommendation: Authorize the Agency
Secretary to file the Notice of Completion, and release the project bonds
consistent with the contract provisions. (Staff: David Moe)
C. Consider Resolution Adopting Loan Agreement between the City of Moorpark
and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt
Resolution No. 2008- ROLL CALL VOTE REQUIRED (Staff: Hugh
Riley)
D. Consider Award of Bid and Proiect Arwroval for the Demolition of 1293 and
1331 Walnut Canvon Road and Resolution Amending the Fiscal Year 2007/08
Budget to Fund the Project. Staff Recommendation: 1) Approve the removal
of 1293 and 1331 Walnut Canyon Road; 2) Award bid to V.A.C. Environmental
and Demolition and authorize the execution of the Agreement, subject to final
language approval of the Executive Director and Agency Counsel; and 3)
Adopt Resolution No. 2008- ROLL CALL VOTE REQUIRED (Staff:
David Moe)
Redevelopment Agency Agenda
June 4, 2008
Page 2
5. CONSENT CALENDAR: (continued)
E. Consider Resolution Authorizing_ the Acquisition of 484 Charles Street,
Accepting the Grant Deed for Recordation, and Amending the Fiscal Year
2007/08 Budget to Fund the Purchase. Staff Recommendation: 1) Adopt
Resolution No. 2008- ; 2) Authorize the Executive Director to execute all
documents necessary to this transaction; and 3) Authorize the Agency
Secretary to accept and consent to the recordation of any deed. ROLL CALL
VOTE REQUIRED (Staff: David Moe)
F. Consider Contract for Theater Management Services. Staff Recommendation:
Approve the contract for a one year period beginning July 1, 2008, subject to
final language approval by the Executive Director and Agency Counsel.
(Staff: David Moe)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
All writings and documents provided to the majority of the Agency regarding all open - session agenda items are available for public
inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for
all regular Redevelopment Agency meetings is also available on the City's website at www.ci.mooraark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing
or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or
Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each
Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at 517-
6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this
meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda
can be made available 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, June 18, 2008, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on June 13, 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 June 13, 2008.
Maureen Benson, Assistant City Clerk
CITY OF N10ORPARK, CALIF07" •IIA
Redevelopment Agency Meeting
ITEM_. 5. A.
of - ..- 4!�/Q , A vas
ACTION: - -Q1p�p& , —i RedTES OF THE REDEVELOPMENT AGENCY
Moorpark, -- California -- June 4, 2008
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
June 4, 2008, 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 7:21 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Parvin, Van Dam, and Chair
Hunter.
Absent: Agency Member Millhouse.
Staff Present: Steven Kueny, Executive Director; 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:
CONSENSUS: It was the consensus of the Agency to pull Item 6.C. from the Consent
Calendar upon the request of Agency Member Mikos.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Proposed Operatina and Capital Improvement Budaet for Fiscal
Year 2008/2009. Staff Recommendation: Receive the budget and set a
workshop for June 11, 2008, at 6:00 p.m.
Mr. Kueny gave the staff report.
CONSENSUS: It was the consensus of the Agency Board to receive the
proposed Operating and Capital Improvement Budget for Fiscal Year 2008/2009
and set a budget workshop for 6:00 p.m. on June 11, 2008.
' i00 01
Minutes of the Redevelopment Agency
Moorpark, California Page 2 June 4, 2008
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Parvin moved and Agency Member Van Dam seconded a
motion to approve the Consent Calendar with the exception of Item 6.C, which was
pulled for individual consideration. The motion carried by roll call vote.4 -0, Agency
Member Millhouse absent.
A. Consider Minutes of Regular Meeting of May 7, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Authorization of Recordation of Notice of Completion for
Demolition Projects at 14245 and 14303 Princeton Avenue, 460 Charles
Street, and 1095 and 1113 Walnut Canyon Road. Staff Recommendation:
Authorize the Agency Secretary to file the Notice of Completion and
release the project bonds consistent with the contract provisions.
The following item was pulled for individual consideration.
C. Consider Acknowledaement of Settlement Aareement Between Citv of
Moorpark and the Ventura County Community College District (VCCCD)
and Mutual General Release of Lawsuit for the VCCCD Environmental
Imoact Report on the Master Plan for Moorpark Colleae. Staff
Recommendation: 1) Acknowledge receipt of the Settlement Agreement
and Mutual General Release from the VCCCD and confirm Executive
Director's approval thereof; 2) Direct staff to notify the District's
representatives of the Acknowledgement; and 3) Direct staff to distribute
the funds in accordance with the Settlement Agreement.
Agency Member Mikos stated she had this item pulled so the public could
be informed the City has reached an agreement with Moorpark College,
which will now be paying its share for traffic improvements at the
intersections of Collins and University Drives, and Collins Drive and State
Route -118.
MOTION: Agency Member Mikos moved and Agency Member Parvin seconded
a motion to: 1) Acknowledge receipt of the Settlement Agreement and Mutual
General Release from the VCCCD and confirm Executive Director's approval
thereof; 2) Direct staff to notify the District's representatives of the
Acknowledgement; and 3) Direct staff to distribute the funds in accordance with
the Settlement Agreement. The motion carried by voice vote 4 -0, Agency
Member Millhouse absent.
7. CLOSED SESSION:
None was held.
! PO 0 02
Minutes of the Redevelopment Agency
Moorpark, California Page 3 June 4, 2008
8. ADJOURNMENT:
MOTION: Agency Member Parvin moved and Agency Member Van Dam seconded a
motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion
carried by voice vote 4 -0, Agency Member Millhouse absent. The time was 7:24 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
,90003
5_
ITEM Z .
ACTION.
MOORPARK REDEVELOPMENT AGENCY81. 't�
AGENDA REPORT
TO: Honorable Agency Board
FROM: David C. Moe II, Redevelopment Manager
BY: Jessica Sczepan, Administrative Speciali
DATE: June 2, 2008 (Agency Meeting of 6118108)
SUBJECT: Consider Authorization of Recordation of the Notice of Completion for
the Demolition Projects at 765 Walnut Street, a Portion of 782 Moorpark
Avenue, and 81 Charles Street
BACKGROUND
On December 5, 2007, the Agency Board awarded the demolition contract for 765 Walnut
Street, a portion of 782 Moorpark Avenue and 81 Charles Street to Ventura Asbestos
Control, Inc. (VAC) for $65,000 plus a 10% contingency for an overall budget of $71,500.
Staff deducted the removal of the asphalt driveway at 782 Moorpark Avenue from the work
due to concerns about drainage. This resulted in a $3,000 deduction to the overall contract
price. VAC has completed its work and staff is requesting that the Agency Board authorize
the recordation of the Notice of Completion.
DISCUSSION
The work began Monday, March 10, 2008. All work was completed on April 11, 2008. With
the Agency Board's authorization to record the Notice of Completion, the Agency
Secretary's office will be authorized to release the project bonds in accordance with
contract provisions.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Authorize the Agency Secretary to file the Notice of Completion, and release the project
bonds consistent with the contract provisions.
Attachment 1: Notice of Completion
`,00' 4
ATTACHMENT 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
( NAME Redevelopment Agency
STREET
799 Moorpark Avenue
ADDRESS
CITY
Moorpark, CA 93021
STATE
ZIP
Attn: Agency Secretary
L
No Fee Required (Govt Code Sec 6103 & 27383;
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is Redevelopment Aaencv of the Citv of Moorpark
3. The full address of the owner is 799 Moorpark Ave
4. The nature of the interest or estate of the owner is: In fee.
(it other then Fas, strike 'in too' and insert, for exernple. 'purchaser undo, contract of purchase,' or 'Lassee'1
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on April 25. 2008 The work done was:
Demolition of three residential structures
8. The names of the contractor, if any, for such work of improvement was Ventura Asbestos Control, Inc.
February 12, 2008
(If no contractor for work of improvement as a whole. insert 'None') (Date of Convactl
9. The property on which said work of improvement was completed is in the City of Moorpark
County of Ventura , State of CA , and is described as follows: 512 -0- 062 -020, 512 -0- 062 -110, 512 -0- 062 -070
10. The street address of said property is 782 Moorpark Avenue, 765 Walnut Street, 81 Charles Street
lit no street address has bean officially assigned, insert 'none'.)
Dated
(Signature of Owner or corporate officer of Owner narrwd in paragraph 2. or his agent)
Maven r%ueny, txecut)ve uirect0l
VERIFICATION
I, the undersigned, say: I am the Executive a4. Rr the declarant of the foregoing Notice of Completion;
IPresdent of. nailer o . artner wry, o , stc.l
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on 2008 at Moorpark . California
of the ,ndividuel who is swearing that the contents of the Notice of Completion are true)
Before you use this form, fill in all blanks, and make whatever charges are
appropriate and rmeoessery to your particular transaction Console a lawyer
WOLCOTTS FORM 1 1 14 (Price class 38)
if you doubt the form's fitness for your purpose and use Wolootts makes
NOT15E OF CCOMPLETIpN Rev. 7 -99 no representation or warranty, express or implied, with respect to the
01999 WOLCOT TS FORMS, INC. merchantability or fitness of this form for an intended use or purpose T 67775 39114 S
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MOORPARK REDEVELOPMENT AGENCY' '
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Hugh Riley, Assistant City Mana e
BY: Steve Klotzsche, Interim Finance Director
DATE: June 2, 2008 (City Council Meeting of June 18, 2008)
SUBJECT: Consider Resolution Adopting Loan Agreement between the City of
Moorpark and the Moorpark Redevelopment Agency
BACKGROUND
Community Development Law allows Redevelopment Agencies to borrow funds from
the City in support of the Agency's mission and goals. Several times since the creation
of the Moorpark Redevelopment Agency, the City has loaned funds to the Agency for
specific purposes. All loans have been repaid, or will be repaid by June 30, 2008.
DISCUSSION
In the coming year, the Agency has budgeted approximately $23.3 million in
expenditures, including $15.3 million for capital improvements. While the Agency's
annual revenues and existing fund balances are sufficient to finance these
expenditures, it is our practice for all expenditures to be paid by the City, then these
"advances" are repaid by the Agency. This is a common practice intended to comply
with state laws that require Redevelopment Agencies to incur debt and to assist with
Agency cash flow.
Staff is recommending a loan from the City to the Agency in the amount of $5,000,000
as an advance for anticipated operating and capital expenditures for the coming year.
The Agency would be charged a rate equal to the rate earned on investments (the
"LAIF" rate) plus 1 %; currently this would be approximately 4.26°/x. The loan would be
provided by the City's Special Projects Fund, which will have sufficient cash available,
and would be due no later than June 30, 2009.
P 11)0 016
Honorable Agency Board of Directors
June 18, 2008
Page 2
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2008- approving a Loan Agreement with the Moorpark
Redevelopment Agency.
Attachment: Resolution No. 2008 -
Loan Agreement
") 0 00 i
RESOLUTION 2008-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A
LOAN AGREEMENT BETWEEN THE CITY OF
MOORPARK AND THE MOORPARK REDEVELOPMENT
AGENCY
WHEREAS, the City of Moorpark has agreed to advance funds to the Moorpark
Redevelopment Agency in accordance with the terms of a Loan Agreement dated July
1, 2008; and
WHEREAS, the Moorpark Redevelopment Agency has agreed to accept the
terms and conditions of the Loan Agreement dated July 1, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Loan Agreement between the City of Moorpark and the
Moorpark Redevelopment Agency dated July 1, 2008, and attached as Exhibit "A" to
this resolution, is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 18th day of June, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit "A"
1)0008
EXHIBIT "A"
LOAN AGREEMENT
THIS LOAN AGREEMENT is entered into this 1st day of July, 2008, by and between
the City of Moorpark ( "City ") and the Moorpark Redevelopment Agency ( "Agency ").
RECITALS
WHEREAS, the Agency was created by Ordinance 87, adopted by the City
Council on March 18, 1987, for the purpose of eliminating blighted conditions within
specified project areas; and
WHEREAS, in support of its mission, the Agency is developing and implementing
plans to acquire and construct certain public facilities; and
WHEREAS, the Agency has determined that, in order to undertake this
redevelopment project, temporary financial assistance in the form of a loan is required
from the City of Moorpark; and
WHEREAS, Section 33600 et. seq. of the California Community Redevelopment
Law authorizes the Agency to borrow money or accept financial or other assistance
from the City.
COVENANTS
NOW, THEREFORE, THE CITY AND AGENCY AGREE AS FOLLOWS:
SECTION 1. Amount and Use of Loan. The City, from its Special Projects Fund,
will advance to the Agency the amount of $5,000,000 (five million dollars). Agency
agrees to use such loan proceeds only for those purposes set forth in the Health and
Safety Code and approved by the Agency.
SECTION 2. Repayment of Funds. The Agency will repay this loan, both
principal and interest, in full on or before June 30, 2009, unless extended by
amendment to this Agreement.
SECTION 3. Interest Payment. This loan will bear interest at a rate equivalent to
the rate earned by City investments in the Local Agency Investment Fund, plus one
percent.
SECTION 4. Obligation Constitutes Indebtedness. This loan agreement shall
constitute an obligation and debt of the Agency to use all available increment revenue to
repay the City. Such indebtedness shall be subordinate to any and all other Agency
indebtedness incurred by the Agency, including indebtedness incurred through the
issuance of tax allocation notes or bonds or any other bonds of the Agency.
`.O.PL9
Loan Agreement, Page 2
July 1, 2008
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt,
Agency Secretary
Steven Kueny, City Manager
Deborah S. Traffenstedt,
City Clerk
)00:10
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5' �
AGENCY
TO: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager �'
BY: Jessica Sczepan, Administrative Speciali
DATE: June 6, 2008 (Agency Meeting of 06/18/08)
SUBJECT: Consider Award of Bid and Project Approval for the Demolition of
1293 and 1331 Walnut Canyon Road and Resolution Amending
the Fiscal Year 2007/08 Budget to Fund the Project
BACKGROUND & DISCUSSION
The Agency acquired 1293 and 1331 Walnut Canyon Road for use as a future
affordable housing project. Both of the properties are vacant and staff feels that it is
appropriate to demolish the buildings to remove the attractive nuisance they provide.
A notice inviting bids for the demolition of these properties was published on May 20,
2008. A mandatory job walk was held on May 27, 2008 and was attended by 10
contractors. Three bids were received by the due date of June 5, 2008. The results are:
Adobe Company $28,690.00
Castlerock Environmental $46,700.00
V.A.C. Environmental and Demolition $21,073.00
The proposals were evaluated on their completeness and cost. The responsible low
bidder is V.A.C. Environmental and Demolition. VAC possesses the necessary
qualifications, resources, and experience to perform the work.
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and removal of two 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
I :)001,1
Honorable Agency Board
June 18, 2008
Page 2
Guidelines. If this project is approved, a Notice of Exemption will be filed with the
County Clerk.
FISCAL IMPACT
A budget amendment in the amount of $23,180.00 from the MRA — Low /Mod Income
Housing — Operations fund for the 1293 and 1331 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 1293 and 1331 Walnut Canyon Road; and
2) Award bid to V.A.C. Environmental and Demolition and authorize execution of
the Agreement, subject to final language approval by the Executive Director and
Agency General Counsel; and
3) Approve Resolution No. 2008-
Attachment 1 —Agreement
Attachment 2 — Resolution No. 2008-
.:�00
ATTACHMENT 1
CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK AND V.A.C. ENVIRONMENTAL AND DEMOLITION
CONTRACTORS FOR DEMOLITION SERVICES
THIS CONTRACT is made and entered into in the City of Moorpark on this
day of , 2008, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "Agency,"
and V.A.C. Environmental and Demolition Contractors hereinafter referred to as
"Contractor ".
RECITALS:
WHEREAS, on May 20, 2008, Agency invited bids for the demolition of 1293 and
1331 Walnut Canyon Road; 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 $21,073.00 dollars. Payments to the Contractor shall be made pursuant to the
following payment provisions and as incorporated herein.
Payments to the Contractor shall be made within thirty (30) days after submittal of an
f ') 0 013
approved payment request from the Contractor, proof of compliance with this 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 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
,9001.4
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
agreement, Contractor shall not be required to indemnify and hold harmless Agency for
liability attributable to the active negligence of Agency, provided such active negligence
is determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of Agency.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of Contractor in the performance of
this agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the
terms of this section.
Failure of Agency to monitor compliance with these requirements imposes no additional
obligations on Agency and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend Agency as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
agreement or this section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, AGENCY may, in its sole discretion, reserve, retain or apply any monies to
the Contractor under this Agreement for the purpose of resolving such claims; provided,
however, AGENCY may release such funds if the Contractor provides Agency with
reasonable assurance of protection of the Indemnitees' interests. Agency shall, in its
sole discretion, determine whether such assurances are reasonable.
9. Amendments. Any amendment, modification, or variation from the terms of this
Contract shall be in writing and shall be effective only upon written approval by Agency.
10. Anti - Discrimination. In the performance of the terms of this Contract, Contractor
shall not engage in, nor permit subcontractors to engage in discrimination in
r90015
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. The City may at any time, for any reason, without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
In the event of termination without cause, the City shall pay to Contractor the actual
value of the work performed up to the time of the termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 5, above.
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
XG OI G
of this Contract insurance coverage as specified in Exhibit A attached to and part of this
Contract.
14. This Contract shall constitute the complete Contract between the parties hereto.
No oral agreement, understanding, or representation not reduced to writing and
specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
15. It is expressly understood between the parties to this Contract that no
employee /employer relationship is intended; Contractor is an independent contractor.
16. Time of Performance and Liquidated Damages. Time is of the essence in this
Contract. The demolition project shall be completed no later than 30 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 Assiqns. 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:
CONTRACTOR:
Contractor Contact:
20. Governinq 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
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A ": Insurance Requirements
Exhibit "B ": Bid Documents
�b018
Exhibit "A"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to Agency in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to Agency.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in
addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits shall be no less than $1,000,000 per occurrence for all
covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
Coverage shall be applicable to Agency for injury to employees of Contractor's,
subcontractors or others involved in the project Policy shall be endorsed to provide a
separate limit applicable in this project
2. Workers Compensation on a state - approved policy form providing statutory benefits
as required by law with employer's liability limits no less than $1,000,000 per accident
for all covered losses. Contractor shall procure and maintain during the life of the
contract, worker's compensation insurance or a valid certificate of consent to self- insure
for all its employees engaged in or at the site of the project; and in case any of the work
is sublet, the Contractor shall require all subcontractors to similarly provide worker's
compensation insurance for all the latter's employees unless such employees are
covered by protection afforded by worker's compensation insurance carried by the
Contractor.
14 4'
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
insured to all insurance coverage required herein, expressly retains the right to
subrogate against any party for sums not paid by insurance. For its part, Contractor
agrees to waive subrogation rights against Agency regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in
any way with the project(s) contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by
Contractor pursuant to this agreement shall be endorsed to delete the subrogation
condition as to Agency, or to specifically allow Contractor or others providing insurance
herein to waive subrogation prior to a loss. This endorsement shall be obtained
regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and Agency that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for the
vicarious liability of Agency or to the supervisory role, if any, of Agency. All insurance
coverage provided pursuant to this or any other agreement (express or implied) in any
way relating to Agency is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving Agency in relation to
the project(s) contemplated by this agreement is intended to be construed to limit the
application of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted to
Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the Agency, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) which may affect Agency's protection without Agency's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of Agency, shall
be delivered to Agency at or prior to the execution of this Contract. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, Agency has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid by
Agency shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at Agency option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Agency and the
appropriate tender prior to cancellation of such liability coverage and notice of any
material alteration or non - renewal of any such coverage, and to require contractors,
subcontractors, and any other party in any way involved with the project contemplated
)b 021-
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
.lire;.
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.
t�1423
EXHIBIT B
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
Project Manual
and
Specifications
Demolition of Structures and
Site Clearing at 1293 and 1331 Walnut Canyon Road,
Moorpark, California
Bid Due Date and time:
Thursday, June 5, 2008 at 3:00 p.m.
.J�)1fc4
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 — 1293 -1331 Walnut Canyon Rd. Page 2 of 58
'J0040' i
Instruction to Bidders
THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 1293 AND
1331 WALNUT CANYON ROAD, MOORPARK, CA 93021
There will be a mandatory pre -bid conference and site walk held on Tuesday, May
27, 2008 at 11:30 a.m. at 1293 Walnut Canyon Road. 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 June 5, 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 — 1293 and 1331 Walnut Canyon Road,
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.
The official bid clock, which will establish the official bid time, will be determined by the
City Clerk's Division of the City of Moorpark. 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 — 1293 -1331 Walnut Canyon Rd. Page 3 of 58
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 — 1293 -1331 Walnut Canyon Rd. Page 4 of 58
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 — 1293 -1331 Walnut Canyon Rd. Page 5 of 58
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 1293 and 1331 Walnut Canyon Road,
Moorpark, California
Bids to Be Received - Thursday, June 5, 2008 by 3:00 p.m.
V.A.0 Environmental & Demolition Contractors
CONTRACTOR
Name Jim Mier
Street Address 5150 Goldman Ave. , Unit B
City Moorpark State CA Zip Code
Telephone Number 805- 523 -8894
93021
Contractor's License No 6 6 7 016 Class B - A s bC 2 Expiration Date 3/31/09
The undersigned swears under penalty of perjury that the information regarding the Contractor's
License is true and correct.
Signature of Bidder`
BID SCHEDULE:
Jim Mier Sr. Proiect Manaqer
Title
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. 1293 Walnut Canyon Road Lump Sum Base Bid ($ $12,556.00
)
2. 1331 Walnut Canyon Road Lump Sum Base Bid ($ )
Twenty one thous. seventy thMgrs and no Cents $21,073.00 tota 1
Number of calendar days for completion: 3 C
Moorpark Redevelopment Agency
Structure Demolition - 1293 -1331 Walnut Canyon Rd.
Bid Package
Page 6 of 58
) ;i 0 G"
BID PROPOSAL (continued)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Bid Due Date/Time: June 5, 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
1293 and 1331 Walnut Canyon Road, 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: 1 Date: 5/29/08
Bid Addenda Number: Date:
Bidder has familiarized themselves with the nature and extent of the Contract Documents, the
Work, the site together with the surrounding environment and locality, the legal requirements
involved (including all applicable federal, state and local laws, ordinances, rules, regulations,
codes, etc.) and the conditions affecting costs, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
To all the foregoing said Bidder further agrees to complete the Work required under the
Contract Documents within the Contract Time stipulated within the Contract Documents, and to
accept in full payment therefore the Contract Price named in the aforementioned Bid
Schedule(s).
The bid must be signed in the name of the bidder and must bear the signature in longhand of
the person duly authorized to sign for the Contractor.
Bidder: V.A.C. Environmental
By Jim Mier
ignature — Authorized Representative)
Title:Sr. Project Mar. Dated: 6/05/08
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. Page 7 of 58
..)tyG%3(1
NON - COLLUSION AFFIDAVIT
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
COUNTY OF Ventura ) SS.
CITY OF Moorpark
Jim Mier being first duly sworn, deposes and says that he /she is
Sr. P r o i e c t Mar. of V.A.C. Env ... 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.
Jim Mier
Name of Bidder Name of Bidder
Signature of Bidder \ ig ature of Bidder
150 Goldman Ave. Unit B
Address of Bidder Moorpark, CA 93021
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
Moorpark Redevelopment Agency
Structure Demolition — 1293 -1331 Walnut Canyon Rd.
Bid Package
Page 8 of 58
.,'+ ;0 631
Bond No. VENAS -009
BID BOND
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe, Ventura Asbestos Control,* , as Principal, and Lincoln ** ,
as Surety, acknowledge ourselvee jointly and severally bound to the Redevelopment
Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be
paid to said Agency if the Proposal shall be accepted and the Principal shall fail to
execute the contract tendered by the Agency within the applicable time specified in the
Bid Terms and Conditions, or fails to furnish either the required Faithful Periwmance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Spec cations, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is herby agreed that bid errors shall not constitute a defense to forfeiture.
*Inc. * *General Insurance Company
WITNESS our hands this 29 day of May .2008 .
Ventura
Contractor Asbesto5 Control, Inc.
Title C ` t J-
By
Title y (.L
Lincoln
Surety General Insurance Company
By ,1 _ {
Randy S ohn / Atporn y -In -Fact - -�
Moorpark Redevelopment Agency Bid Package
Structure Demdition -1293 -1331 Walnut Canyon Rd. Page 9 of 58
2
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNTV
K.\O%V ALL %IFN BY THESE PRESENTS; That Lincoln General lr.sura.-tce Company, orgamied and existing by fir ;ue of the
of the C'ommum%calth of Penasyh ania, does hereby nominate, constaut: and appoint:
Randy Spohn, Matthew R. Dobyns, Terry Cox
It:, true anJ Itncful Attorney'(;) -in -Fact to si_n, seal and e.xecutc for and on its behalf, as surety, bonds, undcrtakim�s, and other
obli ntoty instrumevis ofxinular nature, and to hind it thereby as fully anu to the sane extent as if such instruments were signed
by a duly authom cd officer of the corpuration, and all the azt; of said Attornc'., parsuant :o fist tuthorify hereby giycn arc herby
eddied and cunlinncd
KESOLVFD that this Power of Attorney is granted and :s signed. scaled and notarized �tiih facsimile and seals under
atr,hot it of the fo I I o%% ing resolutions adopted by tilt [ Board it' Directors of I.i:;,:oIn Gen er:d Insurance Comp;:ny on :hc d ' ` day. of
September. 2002.
RTi :COI. \'F.D that th, Presi,ient, an Executive or Senior Vice President, or any \ %cc President of the Company. :n'�cthcr tt•it:h tac
Jc:'Mary or any Assistant Secretary ate herchy authurircd to cxecut: Po•vers of Attorney appointing the person(s) naine :l as
Allorne)(n) -in -fact to date, eeecux sign, seal and delic;r va nchaltof the Company, fidelity and surety bonds. t:ndettukin,g, and
other snni! ::r contracts of suretyship, and any' rotated documcnt�
Rl1S0I.V1`.D Fl. ;RTHLK that the siumatt :res of the officers t--,akin :the appointment. and th-, s ;nauu'c ,)f any e`;icer cctuti 'nit
the %a! d ry and c: :n'cm it.. -tua of the appotnmhen:. may be facs nIe repiescntat ions of those signatures; and the signature ant! boa:
aC :m\, ;wtarv, and the seal of the Companv, ma,, be fucs:n,ilc icnieseniauons of those signatures and seal . anddi such f ; :csi. ,Ilc
represznmtiors of those sig^tat, :res and seals, and such f-csnmle rcpromatiuns shat have the same turcc and effect as if
injnu,11 , a'Ii.1eJ. The fac;iniilc representation; referred to hcrem may � 1e affixe:t L•y s:a ipmg. pnnt :tg. r pt;r• or pho(ocup; rt'._!
'N `.11 I \ 1j WHEREOF, I.mcoln Gcn, ral Ir. ;ciance C'ompan� has c, :i,,Z:d it; culpoiaic seal tc• be aff.ecd and thc>e prc!;cuis to
be ; _ nod b ;.:v; iul'. authori ,cd ufficct: th l-; 14'° da•. of U'�tooc;! 2001 1'NSp_��'
?6 O�atur s1�
=u
C7, 1977 :'01
a 0
O'• g� P
'�' "'�p�urnn nuuau +ss\`•
On this .;n (la,, of October. 20N, bcfur. me persona!1•, canhc Jo',n T. Clxk, to m: w'-.o be:ng duly swum, did dcpos,
L.,O ?r,: that he is the Pi, -zidcm ufthe Corporation described in and Ahich crc :utcd the abcyc instrument: that he knutks tLc seal
to the aforesaiJ MSTrtiment is such corporate seal and �«s affixed thereto b, order and authority of the Board et D'r :ctor�
ii' sari C.'ompan : :. and iha: he exeruted Cne said instru:ner.t ;'r: like order urd authuE. :y and t; c s itr,c was ht; hce act any: decd.
The C'.�nwiom-.ealth o Pt.:nn_y1• :ania
�
N!OTARW Sm
2ENEC 1 X1?IVACTr
Nolcry Pt :ic
VVN VTXY' ARK C4t:Mi f
My CGT.r .U!oft Sxriie4 ^w ^1 29. 2C)OZ
!, C! ar-7 J. Orndo {f. Se _- retary of Lincoln Gencra: Insurance Cumpar..c, a corporation of the Commom,c.thh of Penm,"Iv,tra do
hc.e!•, cc : ;t!: that the uou':: and foieguin�; is u fo!!. t uc and cor:,ct cap.; of Po;\cr of Arto,nev iss'aed b. Laid Con pan v, and of
the whole of ti;c on umal dad that the sitd Ponce of Attorn -_'y is still in foil force dad effect aed has not bcen revoke:,. and
turtae:i :r,rc tha! the Reso'ution o: the Board of Director:, set fur: h n tin sad Puw_r of Auurecy is nip•.+ ir, fine_
'A "t \ESS V [-1ERIb()i=. ! ha'.c her,urte 3C! m, haC.l ..., 1,`fl.0 : t!:e se.1i ut at 'Y oik. PJn IS'.!'.aulm. •,...
_29th_ Jay '"ay 2008 _
o`S§xxtP�'
0 Cl
1977 o
%tip'••.. •'•? ,.�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On May 29, 2008 before me, Erika Guido, NOTARY PUBLIC,
personally appeared RANDY SPOHN
® who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity (ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
OW.AQUVO I certify under PENALTY OF PERJURY under the laws of the State of
��
�� ' California that the foregoing paragraph is true and correct.
�ro
AV WW
CWONGE vw WITNESS my hand and official seal.
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
�:� ��34
FORM TO ACCOMPANY BID BOND
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA }
COUNTY OFventura ) SS
CITY OF Moorpark
On this day (_4d hl4'U, of _ }t 209$
before me, the undersigned, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appearedyicki Moreno
known to be the Vice President Of Y.A.C. Environ...and the same
person whose name is subscribed to the within instrument as the y i c e P r p. s . of
said Company and the said person duly
acknowledge to me that he/she subscribed the name of her signature
thereto as surety and his/her own as b i d d e r
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
° JAMES WU
`n . ..t , • COMM. #1547222 m
U m NOTAR" PUBLIC - CALIFORNIA
m VENTURA COUNTY -�-
My Comm. Fxplres Jan 24. 2009 �-�-
Notary Public ih' and for said
County and State aforesaid
:fAV
E -5-
If certified or cashier's check is submitted herewith, state number
and amount S
Moorpark Redevelopment Agency Bid Package
Structure Demolition —1293 -1331 Walnut Canyon Rd- Page 10 of 58
J} j�;3S
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidders 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: 17
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to complete the work included within the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name: Smith Electric Service
Contact Individual: Dane Austin Phone No. - -
Address: 2335 Meredith Ln. Santa Monica, CA 93455 -1143
Contract Amount: $435,000 Year: 2007
Description of work done:
Asbestos abatement & demolition, UCSB Noble Hall
Reference No. 2
Customer Name: Kahromic Contractina Inc.
Contact Individual: Vartkes Tomassian Phone No.818- 247 -2420
Address: 611 Harvard St. Glendale, CA 91204
Contract Amount: $165,000 Year 2007
Description of work done:
Asbestos & lead abatement & demolition, Pierce College
Old Book Shoop
Reference No. 3
Customer Name: Viola, Inc.
Contact Individual: Keith Abrahamson Phone No.805- 487 -3871
Address: 1144 Commercial Ave. Oxnard, CA 93031
Contract Amount: $193,000 Year: 2007
Description of work done:
Asbestos abatement, San Marcos High School
Moorpark Redevelopment Agency Bid Package
Structure Demolition - 1293 -1331 Walnut Canyon Rd. Page 11 of 58
J'036
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF Ventura
lamthe Sr. Proiect Manager
Of V.A.c
, 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 6/05/08 at Moorpark California.
(date) (place)
I declare, under penalty of perjury, that the foregoing is true and correct.
ign ture of Bidder Jim Mr i er
Sr.
Title
Signature of Bidder Sid Moreno
President
Title
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. Page 12 of 58
r ;, 4:3 7
COMPLIANCE WITH ENVIRONMENTAL, HEALTH
AND SAFETY STANDARDS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits
employers from knowingly discharging or releasing a chemical known to the State of
California to cause concern, birth defects or other reproductive harm into water or onto
land where such chemical passes or, in all probability, will pass into any source of
drinking water. Notwithstanding any provision in this Act exempting Contractor,
Contractor hereby agrees to comply with all provisions of the Act relating to the
discharge of hazardous chemicals on the job site.
Contractor fully agrees that Contractor, Contractor's employees and subcontractors
shall not discharge such chemicals on the job site which will result in the discharge of
such chemicals, and shall, upon completion of performance of all other duties under this
contract, remove all supplies, materials and waste remaining on the job site which if
exposed, could result in the discharge of such chemicals. Contractor shall be financially
responsible for compliance with Proposition 65.
Contractor shall also comply with state of California anti - smoking laws which, in part,
prohibit smoking in the workplace and enclosed areas.
Should Contractor, Contractor's employees, or subcontractors or their employees fail to
comply, within 24 hours from the time Agency issues and Contractor receives a written
notice of noncompliance or within the time of an abatement period specified by any
government agency, whichever period is shorter, Agency may give notice of default to
Contractor, and at the Agency's option, elect any and all rights or remedies set forth in
this agreement.
Approved by Contractor: V.A.0 E_nyironmental & Demolition Contractors
Title �- , -
/ f, r . ..
I • �:
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. Page 13 of 58
�i � t138
WORKERS' COMPENSATION INSURANCE CERTIFICATE
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public
works contract is awarded to sign and file with the awarding body the following statement:
"I am aware of the Provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self -
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
By !`—t F.- , � %\ LL-) Jim M
Title'-sr. Project Manager Date: 6/05/08
Moorpark Redevelopment Agency Bid Package
Structure Demolition - 1293 -1331 Walnut Canyon Rd. Page 14 of 58
_ U 639
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: N 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
E. Urrea & Sons
GI Rubbish r�z'
Sipriat re(s) of Bidder Jim Mier
Business Address
P.O. Box 341382
Arleta, CA 91334
6/05/08
Date
' Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2
Moorpark Redevelopment Agency
Structure Demolition — 1293 -1331 Walnut Canyon Rd.
Percent
Type of work to
Work be done'
Trucking 15%
Trash
Trucking 10%
Total Percentage 2 25%
Bid Package
Page 15 of 58
-)jG40
Page 16 -26
Are the contract documents
and have been removed so
as not to be duplicitous.
,� (; 41
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 1293 and 1331 Walnut Canyon Road, 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
Contractor
Title
S u rety
19.
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. 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 and the same
person whose name is subscribed to the within instrument as the of
said and the said duly
acknowledge to me that he /she subscribed the name of
thereto as surety and his /her own as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. Page 28 of 58
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 1293 and 1331 Walnut Canyon Road
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 — 1293 -1331 Walnut Canyon Rd. Page 29 of 58
A► G44
BOND FOR MATERIAL SUPPLIERS AND LABORERS
(continued)
WITNESS our hands this day of '19
Contractor
Title
Title
Surety
Moorpark Redevelopment Agency Bid Package
Structure Demolition — 1293 -1331 Walnut Canyon Rd. Page 30 of 58
j0045
FORM TO ACCOMPANY BOND FOR
MATERIAL SUPPLIERS AND LABORERS
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 1 20
undersigned, a Notary Public in and for said County and State,
commissioned and sworn, personally appeared,
the of and the said
acknowledged to me that subscribed the name of
hereto as Surety and own as
before me, the
residing herein, duly
known to be
duly
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid
Moorpark Redevelopment Agency
Structure Demolition — 1293 -1331 Walnut Canyon Rd.
Bid Package
Page 31 of 58
t) (JA G
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 — 1293 -1331 Walnut Canyon Rd. Page 32 of 58
Jt)64"7
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 — 1293 -1331 Walnut Canyon Rd. Page 33 of 58
JUG48
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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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:
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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
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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.
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ARTICLE 7
TIME
7.1 DEFINITIONS
7.1.1 Unless otherwise provided, time for performance is the number of calendar days
and /or hours, including authorized adjustments, allotted in the Contract for substantial
completion of the work.
7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed
issued by the Agency. The date shall not be postponed by the failure to act of the
Contractor or of persons or entities for which the Contractor is responsible.
7.1.3 The date the project is completed is the date so certified by the Agency.
7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise
specified.
7.2 PROGRESS AND COMPLETION
7.2.1 Time limits stated in the Contract are of the essence. By submitting the proposal,
the Contractor confirms that the Contract time is a reasonable period for performing the
work.
7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the
Agency in writing, prematurely commence operations on the site or elsewhere prior to
the effective date of insurance required by the Contract to be furnished by the
Contractor. The date of commencement of the work shall not be changed by the
effective date of such insurance. The date of commencement will be established by a
notice to proceed given by the Agency.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time
extension to the contract. He /she may request an extension listing reasons for the delay
and submitting substantiating evidence. If the Agency determines the request is
reasonable, a change order may be issued for said time extension.
7.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3 and other appropriate sections of the contract documents.
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):A;G2
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.
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8.3 RECOMMENDATION FOR PAYMENT
8.3.1 The Contractor will assemble a project invoice by certifying the amounts due and
forwarding them to the Project Representative, along with all required releases and
certified payroll documents.
8.3.2 Within ten 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:
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Jt)G 4
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
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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
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:)"; .;GG
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.
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) i ;67
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
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J. �iIG8
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.
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.)b(;69
Technical Specifications
For the Demolition of Structures and Appurtenances at 1293 and 1331 Walnut
Canyon Road, 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 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, including applicable permits and noticing
requirements with Ventura County Air Pollution Control District (VCAPCD), 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, concrete, trash, debris, landscaping,
organic material, large boulders, bricks, blocks, miscellaneous abandoned items, inside
of the property lines at 1293 and 1331 Walnut Canyon Road. Trim trees and shrubs
located within and that extend into the property at the property line as indicated at the
pre -bid conference. Contractor is responsible for procuring all permits for this work
including those needed from the City of Moorpark Planning Department, Building
and Safety Office, City Engineering, and Ventura County Air Pollution Control
District.
3. The property at 1331 Walnut Canyon Road has a small basement to be
demolished, after which the hole will need to be filled and compacted in order to remove
the hazard. Free fill dirt is available at another City -owned site, however, there will be a
haul permit required from the City Engineering department to move the dirt from site -to-
site. Please contact City Engineering at (805) 517 -6200 for more information.
4. 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
Moorpark Redevelopment Agency Bid Package
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,'JG'10
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
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.
5. Remove all underground electrical conduits, gas lines, waterlines, sewer 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.
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. Perimeter fencing on the north side of 1331 Walnut Canyon Road and the south
side of 1293 Walnut Canyon Road are to remain. Fencing located between the two
properties, should be removed. Any gaps in perimeter fencing left by the removal of the
structures must be completed so as to properly secure the properties. Contractor is
responsible for removing fencing at the front of the properties and replacing with
permanent 6 foot fencing that is to extend across the front of both properties with one
construction access gate, which will serve as entrance for both properties.
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.)
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J x;'71
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
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G 2
all necessary precautions for the safety of workers on the project and shall comply with
all applicable federal, state, local and other safety laws, standards, orders, rules,
regulations, and building codes to prevent accidents or injury to persons on, about, or
adjacent to the premises where work is being performed and to provide a safe and
healthful place of employment.
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.
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ItriG'13
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
$23,180.00 FROM THE MRA - LOW /MOD HOUSING -
OPERATIONS (2901) FUND FOR DEMOLITION OF 1293
AND1331 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 1293 and 1331
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 $23,180.00 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 18th day of June, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A" - Budget Amendment Detail
-. /"06 I4
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD HOUSING - OPERATIONS
2007/2008
FUND ALLOCATION FROM:
Fund
Account Number
Amount
Amended Budget
2901 - 2420 - 5049 -9611
$ -
MRA Low /Mod Housing - Operations
2901 -5500
$ 23,180.00
Total
$ 9,368.40
$ 23,180.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5049 -9611
$ -
$ 13,811.60
$ 13,811.60
2901 - 2420 - 5050 -9611
$ -
$ 9,368.40
$ 9,368.40
Total
$ -
$ 23,180.00
$ 23,180.00
Approved as to Form:
iy i�' "S
rrEM S. E.
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�Piap . `1t� .
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MOORPARK REDEVELOPMENT AGENCY yh ��
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
Date: June 6, 2008 (Agency Meeting of 6/18/08)
Subject: Consider Resolution Authorizing the Acquisition of 484 Charles
Street, Accepting the Grant Deed for Recordation, and Amending the
Fiscal Year 2007/08 Budget to Fund the Purchase
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of the 484 Charles Street property by the
Redevelopment Agency is consistent with the goals and objectives in the Moorpark
Redevelopment Plan. The purpose of the proposed acquisition is to further affordable
housing activities in the City of Moorpark.
The purchase price of the property is $480,000.00 plus half of the escrow expenses. A
$485,000.00 budget appropriation is required for the purchase.
FISCAL IMPACT
A budget amendment in the amount of $485,000.00 from the MRA Low /Mod Income
Housing Operations Fund is needed to close escrow for the purchase of 484 Charles
Street.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2008 —
2. Authorize the Executive Director to execute all documents necessary to this
transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2008 -
ATTACHMENT A
RESOLUTION NO. 2008 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 484 CHARLES STREET, ACCEPTANCE OF
GRANT DEED, AND AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY APPROPRIATING $485,000.00 FROM THE MRA
LOW /MOD HOUSING FUND (2901) TO THE MRA LOW /MOD
HOUSING BUDGET
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase property known as 484 Charles Street in the City of Moorpark, for the purpose
of affordable housing activities; and
WHEREAS, on June 20, 2007, the Board of Directors adopted the Budget for
Fiscal Year 2007/2008; and
WHEREAS, a staff report has been presented to the Board of Directors
requesting a budget adjustment in the aggregate amount of $485,000.00; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendments and their resultant impacts to the budget line item(s).
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
SECTION 2. A budget amendment in the amount of $485,000.00 from the MRA
Low /Mod Income Housing Operations Fund, as more particularly described in Exhibit
"A ", attached hereto, is hereby approved for property acquisition.
SECTION 3. The Agency Secretary shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original Resolutions.
")00"7
Resolution No. 2008 —
Page 2
PASSED AND ADOPTED this 18th day of June, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
EXHIBIT A
BUDGET AMENDMENT FOR
MRA LOW /MOD INCOME HOUSING - OPERATIONS
2007/08
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Low /Mod Income Housing - Operations
2901 -5500
$ 485,000.00
$ 485,000.00
$ 485,000.00
Total
$ 485,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5051 -9610
$ -
$ 485,000.00
$ 485,000.00
Total
$ -
$ 485,000.00
$ 485,000.00
Approved as to Form:
ITEM- 5. F.
4 - .q -,A0o8 -
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
Date: June 6, 2008 (Agency Meeting of 06/18/08)
Subject: Consider Contract for Theater Management Services
BACKGROUND
The Redevelopment Agency of the City of Moorpark acquired the High Street Arts
Center ( "Center ") from Larry Janss on August 1, 2005, in an effort to preserve a venue
for live performances in the downtown. On April 26, 2006 the Agency Board approved
the retention of an independent contractor to manage the Center and produce a theater
season. The contract had a one -year term that expired on June 30, 2007. On June 20,
2007, the Agency Board approved a second contract for theater management services
with the incumbent consultant, which will expire on June 30, 2008.
DISCUSSION
The Center has been operating with the theater manager model for two years. The
performance and overall success of the Center is satisfactory. Staff is recommending
extending the Theater Manager's contract for an additional one year period. The
monthly compensation to the consultant will be increased from $5,175.00 to $5,227.00.
Attachment 1 is a draft Agreement for Professional Services between the Agency and
L.J. Stevens. The agreement remains in substantially the same form as the last
agreement, with the exception of incorporating additional duties as directed by the
Agency Board and some procedural changes to assist staff with management of the
contract. These changes are shown in legislative format.
STAFF RECOMMENDATION
Approve contract for theater management services for a one year period beginning July
1, 2008, subject to final language approval by Executive Director and Agency Counsel.
Attachment 1 Draft Agreement for Professional Services
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of
between the Moorpark Redevelopment Agency, hereinafter referred to as
L.J. Stevens, hereinafter referred to as "CONSULTANT'.
WITNESSETH:
and
22008,
"AGENCY ", and
WHEREAS, AGENCY has a need for certain management services; and
WHEREAS, AGENCY desires to contract for such services with a private consultant;
WHEREAS, AGENCY wishes to retain CONSULTANT for the performance of said
services.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
AGENCY does hereby appoint CONSULTANT in a contractual capacity to perform
the services in accordance with the terms and conditions hereinafter set forth and with the
authorities and responsibility ordinarily granted to this type of consultant work.
I. COMPENSATION AND SERVICES
The fees in full compensation to CONSULTANT for the services rendered, and an
initial list of assignments for which services shall be provided, shall be as set forth in
Exhibit "A ", Administrative and Management Services for the High Street Arts Center
located at 45 High Street hereafter referred to as "Center ". CONSULTANT shall
submit payment requests on a monthly basis.
II. TERMINATION
This agreement may be terminated with or without cause by either party at any time
with no less than (10) days written notice to CONSULTANT by AGENCY and no less
than thirty (30) days written notice to AGENCY by CONSULTANT.
In the event of such termination, CONSULTANT shall be compensated for such
services up to the date of termination. Such compensation for work in progress shall
be limited to actual services performed.
III. GENERAL CONDITIONS
A. AGENCY shall not be called upon to assume any liability for the direct
payment of any salary, wage or other compensation to any person employed
by CONSULTANT performing services hereunder for AGENCY.
B. CONSULTANT is and shall at all times remain as to AGENCY a wholly
independent contractor. Neither AGENCY nor any of its officers, employees,
servants, or agents shall have control over the conduct of CONSULTANT or
any of the Consultant's officers, employees, or agents, except as herein set
forth.
C. At the time of termination of this agreement, all Agency files including but not
limited to original documents, designs, drawings, reports, logos, CD's,
computer files, notes or other related materials, whether prepared by
CONSULTANT or his /her subcontractor(s), or obtained in the course of
providing the services to be performed pursuant to this Agreement shall be
given to AGENCY upon 24 hours notice.
D. CONSULTANT shall hold harmless and indemnify AGENCY and its officers,
employees, servants, and agents from any claim, demand, damage, liability,
loss, cost or expense, for any damage whatsoever, including but not limited to
death or injury to any person and injury to any property, resulting from
misconduct, negligent acts, of CONSULTANT or any of its officers,
employees, or agents in the performance of this agreement, except such
damage as is caused by the negligence of AGENCY or any of its officers,
employees, servants, agents or others not under the control of
CONSULTANT.
AGENCY does not, and shall not, waive any rights that it may possess
against CONSULTANT because of the acceptance by AGENCY, or the
deposit with AGENCY, of any insurance policy or certificate required pursuant
to this agreement. This hold harmless and indemnification provision shall
apply regardless of whether or not any insurance policies are determined to
be applicable to the claim, demand, damage, liability, loss, cost or expense.
E. In the event CONSULTANT hires employees other than officers, then
CONSULTANT shall provide workers' compensation insurance as required by
the California Labor Code. If any class of employees engaged by
CONSULTANT in work under this agreement is protected by the workers'
compensation law, CONSULTANT shall provide adequate insurance for the
protection of such employees to the satisfaction of the AGENCY.
F. CONSULTANT shall provide n�-ideRGe of rot
the Agency
with a Certificate of Insurance showing proof of automobile liability and
property damage insurance coverage for limit amounts acceptable to the
Agency. Said Insurance Certificate shall name the Agency as "Also Insured ".
Consultant shall not be required to provide any other insurance coverage to
the Agency.
G. CONSULTANT shall not assign this agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that
CONSULTANT is uniquely qualified to perform the services provided for in
this agreement.
H. Payment to CONSULTANT shall be made by AGENCY within 30 days of
receipt of invoice, except for those which are contested or questioned and
returned by AGENCY, with written explanation within 30 days of receipt of
invoice. CONSULTANT shall provide to AGENCY a written response to any
invoice contested or questioned and further, upon request of AGENCY,
provide AGENCY with any and all documents related to any invoice.
Consultant shall submit the monthly invoice no later than the Monday before
the third Wednesday of the month.
Any notice to be given pursuant to this agreement shall be in writing and all
such notices and any other document to be delivered shall be delivered by
personal service or by deposit in the United States mail, certified or
registered, return receipt requested, with postage prepaid, and addressed to
the party for who intended as follows:
To: Moorpark Redevelopment Agency
Attn: Executive Director
799 Moorpark Avenue
Moorpark, CA 93021
To: L.J. Stevens
1762 First Street, Unit A
Simi Valley, CA 93065
Either party may, from time to time, by written notice to the other, designate
a different address, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or upon deposit in the United States mail.
Nothing contained in this agreement shall be deemed, construed, or
represented by AGENCY or CONSULTANT or by any third person to create
the relationship of principal or agent, or of a partnership, or of a joint venture,
or of any other association of any kind or nature between AGENCY and
CONSULTANT.
J. This agreement constitutes the entire agreement of the parties concerning the
subject matter hereto and all prior written agreements or understandings, oral
or written, are hereby merged herein. This agreement shall not be amended
in any way except by a writing expressly purporting to be such an
amendment, signed and acknowledged by both of the parties hereto.
K. Should interpretation of this agreement, or any portion thereof be necessary,
it is deemed that this agreement was prepared by the parties jointly and
equally, and shall not be interpreted against either party on the ground that a
party prepared the agreement or caused it to be prepared.
--3-- ` i t . IS 3
L. No waiver of any provision of this agreement shall be deemed, or shall
constitute a continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the party making the
waiver.
M. In the event any action, suit or proceeding is brought for the enforcement of,
or the declaration of any right or obligation pursuant to this agreement or as a
result of any alleged breach of any provision of this agreement, the prevailing
party shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any judgment or decree rendered in
such a proceeding shall include an award thereof.
N. Cases involving a dispute between AGENCY and CONSULTANT may be
decided by an arbitrator if both sides agree in writing to arbitration and on the
arbitrator selected, with costs proportional to the judgment of the arbitrator.
O. This agreement is made, entered into, executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action to herein, shall be filed in the
applicable court in Ventura County, California.
P. The captions and headings of the various Articles and Paragraphs of this
agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
Q. CONSULTANT agrees that she has no interest, nor shall she acquire any
interest, directly or indirectly, which will conflict in any manner or degree with
the performance of the services hereunder. CONSULTANT further agrees
that she has not contracted with nor is performing any services directly or
indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or
partnerships and /or public agencies owning property and /or processing an
entitlement application for property in the City of Moorpark or its Area of
Interest, and further agrees that she shall provide no service or enter into any
agreement with any developer(s) and /or property owner(s) and /or firms(s)
and /or partnership(s) and /or public agency(ies) owning property and /or
processing an entitlement application for property in the City of Moorpark or
its Area of Interest, prior to completion of the term of this Agreement.
With the exception of Section 1 of this Agreement, neither CONSULTANT nor
any member of her immediate family shall have any economic interest, or
acquire or receive any economic interest, directly or indirectly in any manner
or degree arising out of the performance of this Agreement, including, but not
limited to, economic interests in any performance or production at the theater
during the term of this Agreement.
CONSULTANT further agrees she shall provide no service or enter into any
--4-- : l'' A18 4
agreement with any individual or entity that has an agreement to provide
services, materials, or equipment to AGENCY or City of Moorpark or that
rents the Center from the Agency or is involved in any manner with a
performance or production at the Center without the prior written consent of
the Executive Director.
CONSULTANT also agrees she will not accept a gift from any person or entity
doing business with the Agency, City of Moorpark or involved in any manner
with a performance or production at the Center. For purposes of this
Agreement, a gift is defined as provided for in Government Code Section
87300 es seq. and Title 2, Division 6, California Code of Regulations, Section
18730 and amendments or supplementary thereto.
R. CONSULTANT agrees that she shall not provide a reference or response to
personnel and work experience related inquiries pertaining to any current or
prior employees of AGENCY and shall refer all such matters to the
AGENCY's Human Resources office.
S. If any portion of this agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
T. CONSULTANT shall provide monthly progress reports to the Agency detailing
the CONSULTANT'S activities.
U. The Agency Executive Director or designee is the Executive Producer of the
Center. The Executive Producer or designee shall approve all performances
at the Center and accompanying staffing, materials and advertising, as
detailed in the production budget, prior to any work commencing for the
production. The Executive Producer shall also have the authority to lease
the Center to other individuals or entities for a single production or theater
season. Exhibition of adult type motion pictures that are not rated eF are
rated NC -17 "X ", "XX ", or "XXX" or higher as such ratings are now or
hereafter in effect, or similarly rated under any other rating system is not
allowed. Motion pictures that are not rated may be allowed after preview by
the Consultant and Agency's representative for confirmation the motion
picture does not fall within the ratings referenced above.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for CONSULTANT'S overall performance
of the Agreement provisions herein above set forth shall be L. J. Stevens.
The individual directly responsible for the AGENCY shall be the Executive
Director or his /her designee.
V. EFFECTIVE DATE AND IMPLEMENTATION DATE
The effective date of the Agreement shall be July , 200 2008.
Moorpark Redevelopment Agency CONSULTANT
Steven Kueny L. J. Stevens
Executive Director
Date
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
Date
EXHIBIT A
ADMINISTRATIVE AND MANAGEMENT SERVICES
A. Services
The following services ( "SERVICES ") are to be performed by the CONSULTANT for
management of the Center:
1. Assume management responsibility for services and activities of the Center
including promotion and institutional development within Ventura County and
adjacent regions; develop, produce, schedule and oversee all programming.
2. Manage and participate in the development and implementation of goals,
objectives, policies, and priorities for programs; recommend and administer
Agency approved policies and procedures.
3. Identify opportunities for improving service delivery methods and procedures;
identify resource needs; review with appropriate Agency staff; implementation of
improvements.
4. Plan, direct, coordinate, and review the work plan for the Center services and
activities.
5. Submit all invoices to the Agency for approval and payment in accordance with
the payment schedule, which may be amended at any time, provided to
Consultant by the Agency; Consultant does not have the authority to spend
Agency funds.
6. Responsible for financial and operational auditing all productions and Center
events and providing written reports to the Executive Director or designee
detailing expense and revenue of the Center.
7. Represent the Center to commissions, the community, service groups, and a
variety of outside organizations and agencies.
8. Oversee, promote and coordinate specific activities within the Center; prepare
program events and Center marketing material including news releases, flyers,
schedules of events, pamphlets, and brochures.
9. Arrange /develop no less than four plays or musicals to produce or co- produce a
theater season and other productions.
10. Arrange /develop, at no out of pocket cost to the Agency, a theater camp for
Moorpark youth consisting of no less than eight rehearsals and two
performances.
11. Market Center for theatrical, movie and business rental possibilities.
12. Solicit and recommend to Agency responsible vendor(s) for providing beer and
wine sales at the Center.
13. Develop, at no out of pocket cost to the Agency, one film festival /series
consisting of no less than three movies.
14. Maintain an inventory of all the Center's equipment and property owned by the
Agency.
40-.15. Submit
production budgets to the Agency for approval thirty (30) days prior to Agency's
execution of any royalty /performance agreement.
4416. Supervise
independent contractors and volunteers working at the Center; e�_Q- -wre f,n-111ew
thFough on weFk assignment all independent contractors and volunteers must
have a fully executed service agreement or liability release form prior to start of
work.
417. Solicit
proposals from independent contractors to provide desired services at the
Center; provide a recommendation to the Executive Director or designee for a
vendor to provide the desired service; Consultant does not have the authority to
enter into a contract on behalf of the Agency.
418. Consultant
does not have the authority to hire staff.
4419. Participate in the development and administration of the Center's annual
budget; participate in the forecast of funds needed for staffing, equipment,
materials, and supplies; implement adjustments.
420. Recruit volunteers to assist with Center functions; all volunteers will be
processed as volunteers to the City of Moorpark and final approval /selection of
all proposed volunteers shall be determined by the Executive Director or
designee.
4&:21. Work with various community groups and assist with coordination of
community celebrations and festivals in Moorpark.
4,2.22. Work with one or more outside theater companies to explore the feasibility
and possibly develop additional theater co- productions, separate from the
season required to be developed under this Agreement.
423. Be responsible for opening the Center; providing onsite management during
Center use; and securing the Center at all times.
4 -9-24. Be responsible for advising the Executive Director or designee of needed
building and technical and repairs /replacement.
20-.25. Submit proposed language of the Center's marquee to the Executive Director
or designee for approval.
24.26. Shall be responsible for answering all phone calls at the Center /Box Office
either personally or through approved staff and the returning of phone messages
within one business day.
22-27. Attend regular meetings with the Executive Director or designee.
2-3-28. Responsible for developing and implementing a program to sell advertising
space in the Center and program brochures.
2429. Assemble and maintain such records as are customarily maintained by a
theater /facility management company. Such records shall at all times be the
property of the Agency and shall be open for Agency inspection.
25 -:30. Shall maintain regular business hours at the Center as mutually agreed upon.
B. Monthly Status Reports
CONSULTANT shall provide the AGENCY a written Monthly Status Report detailing
all Center activities no later than the third Wednesday of each month.
C. Compensation
AGENCY shall pay CONSULTANT $5,227.006.755,175 per month from the date the
AGENCY issues the notice to proceed to June 30, 28052009, for SERVICES unless
this Agreement is sooner terminated as provided for in Section II. of this Agreement;
39, 2Q08,- 4I_ be
D. Performance Measures
AGENCY shall periodically monitor the progress of work performed by the
CONSULTANT based off of a Schedule of Performance as described in Attachment
I. Said monitoring shall be the responsibility of the Executive Director or designee.
E. General Provisions
Nature of Services: It is understood that CONSULTANT'S services are being
provided to AGENCY using the best knowledge, experience and expertise of
the CONSULTANT to efficiently manage the Center. However,
CONSULTANT shall not be responsible for the accuracy, performance, or
actions of the AGENCY, or other consultants, contractors, utilities, other
public agencies or any other person(s).
2. Facilities and Clerical Assistance: AGENCY shall provide a work space and
related office equipment (except for a computer) for CONSULTANT as
deemed appropriate and clerical assistance for access and management of
AGENCY records related to services provided by CONSULTANT.
3. Cell Phone: CONSULTANT at her sole expense shall maintain a cell phone
with voice mail and paging capabilities and with a phone number within the
805 area code.
ATTACHMENT
SCHEDULE OF PERFORMANCE
FISCAL YEAR 2008/2009
ITEM
TARGET
ACTUAL
Develop Theater
Season
1- Jul -08
Produce 4 shows
30- Jun -09
One film screening
30- Jun -09
Develop youth
Workshop
30- Jun -09
Market Theater
30- Jun -09
Not eligible for
grants until we
Research Grants
form a 501C-3
Miscellaneous Revenue
Generated by Renting
Theater on "Dark Dates"
$7,000
Number of Theater
Tickets Sold
6,461
Average Number of
Theater Tickets Sold
per Show /Number of
Theater Seats
0.39
Gross Revenue from
Concession Stand
$14,000
\�)003