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HomeMy WebLinkAboutAG RPTS 2011 0420 RDA REGJE87ABi.IM a it on -1' OF Resolution No. 2011 -246 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, APRIL 20, 2011 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 April 6. 2011. Staff Recommendation: Approve the minutes. 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 Cityrs website at www.ci.moorpark.ca.us. Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it Is a Public Hearing or a Presentation /Action/ Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action/ Discussion portion of the Agenda forthat item. Speaker cards must be received bythe 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. Redevelopment Agency Agenda April 20, 2011 Page 2 S. CONSENT CALENDAR: (continued) B. Consider Agreement with Overland, Pacific and Cutler, Inc. for On -Call Relocation Services. Staff Recommendation: 1) Approve Agreement, subject to final language approval by Executive Director and Agency Counsel; and 2) Authorize the Executive Director to execute the Agreement on behalf of the Agency. (Staff: David Moe) C. Consider Granting a Right of Way Easement to the City of Moorpark for a Portion of APN 511 -0- 101 -530 (347 Moorpark Avenue). Staff Recommendation: 1) Approve granting an easement to the City of Moorpark for right of way purposes; and 2) Authorize the Executive Director to execute any documents necessary to grant the easement, subject to final language approval by the Executive Director and Agency Counsel. (Staff: David Moe) D. Consider Award of Bid and Project Approval for the Demolition of 1083 Walnut Canyon Road and 112 First Street and Resolution Amending the Fiscal 2010/11 Budget. Staff Recommendation: 1) Approve the removal of 1083 Walnut Canyon Road and 112 First Street; 2) Award bid to Flores - Sierra Contractors, Inc. for $17,703.40, including a 10% project contingency and authorize execution of the Agreement by the Executive Director, subject to final language approval by the Executive Director and Agency Counsel; and 3) Adopt Resolution No. 2011- ROLL CALL VOTE REQUIRED (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: 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). Redevelopment Agency Agenda April 20, 2011 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Redevelopment Agency of the City of Moorpark to be held Wednesday, April 20, 2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 15, 2011, 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 April 15, 2011. Maureen Benson, City Clerk CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of __ ACTION:__ ITEM 5.A. RAIKII EVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California April 6, 2011 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on April 6, 2011, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. CALL TO ORDER: Chair Parvin called the meeting to order at 7:32 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Mulhouse, Pollock, Van Dam, and Chair Parvin. Staff Present: Hugh Riley, Assistant Executive Director; Deborah Traffenstedt, Deputy City Manager; Ron Ahlers, Agency Treasurer; David Moe, Redevelopment Manager; and Maureen Benson, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Van Dam moved and Agency Member Pollock seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Minutes of Regular Meeting of March 16, 2011. Staff Recommendation: Approve the minutes. B. Consider Minutes of Special Meeting of March 16, 2011. Staff Recommendation: Approve the minutes. C. Consider Agreement with Michael Boblett dba Mike's Handyman Service for Maintenance and Repairs of Aaencv Owned Properties. Staff Recommendation: 1) Approve Agreement, subject to final language approval by Executive Director and Agency Counsel; and 2) Authorize Executive Director to execute the Agreement on behalf of the Agency. 1 Minutes of the Redevelopment Agency Moorpark California Page 2 April 6, 2011 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: Chair Parvin adjourned the meeting at 7:33 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson, Agency Secretary 2 ITEM 5.13. CITY of MOORPARK, CALIFORNIA Redevelopment Agency Meeting of Y-P? 0-A0 MOORPARK REDEVELOPMENT AGENCA ON:�e„w _ r AGENDA REPORT TO: Honorable Chair and Agency Board Members BY: FROM: David C. Moe II, Redevelopment Manager \'-" � DATE: April 8, 2011 (Agency Meeting of 04/20/11) SUBJECT: Consider an Agreement with Overland, Pacific and Cutler, Inc. for On -Call Relocation Services BACKGROUND & DISCUSSION When the Agency acquires property for an economic development or affordable housing project, the tenant or business owner occupying that property may be entitled to relocation benefits pursuant to California Community Redevelopment Law and California Relocation Assistance and Property Acquisition guidelines. Since relocation requirements are triggered when the Agency begins negotiations with the property owner, staff feels it is necessary to have a relocation consultant on -call to provide relocation services to the tenant(s) on site. The on -call contract is valid for a period of 14 months in order to coincide with the Agency fiscal funding cycles and shall not exceed $35,000.00. Staff is proposing to use Overland, Pacific and Cutler, Inc. for on -call relocation services. They have the expertise and qualifications to perform the services and are familiar with the Agency and the City of Moorpark. FISCAL IMPACT Funds for these services are already budgeted in the Fiscal Year 2010/11 Budget and proposed in Fiscal Year 2011/12 Budget. STAFF RECOMMENDATION 1. Approve Agreement with Overland, Pacific and Cutler, Inc. for on -call relocation services subject to final language approval by Executive Director and Agency Counsel; and 2. Authorize Executive Director to execute the Agreement on behalf of the Agency. Attachment: Agreement for Professional Services 3 ATTACHMENT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND OVERLAND, PACIFIC AND CUTLER, INC. This Agreement is made and entered into in the City of Moorpark on this day of , 2011, by and between the Redevelopment Agency of the City of Moorpark, a public body, corporate and politic, ( "Agency ") and Overland, Pacific and Cutler, Inc., a California corporation providing relocation services ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term This Agreement shall commence on the date this Agreement is signed and shall remain and continue in effect until June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 2. Services Agency hereby retains Consultant in a contractual capacity to perform relocation services for tenants of various Agency owned properties. All services authorizations shall be in writing and signed by the Executive Director. 3. Performance Consultant shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder to meet its obligations under this Agreement. 4. Responsible Individuals The individual directly responsible for Consultant's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Agency and Consultant shall be Craig Justesen, and no other individual may be substituted without the prior written approval of the Executive Director. The Agency's contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and Agency, shall be the Executive Director or the Executive Director's designee. Page 1 of 7 E 5. Payment a) For furnishing services as specified in this Agreement, Agency shall pay and Consultant shall receive compensation on an hourly basis with a total sum not -to- exceed $35,000 for the term of this Agreement, unless agreed upon in writing as outlined in subsection b, below. Exhibit A is Consultant's hourly rate schedule for the term of this Agreement, and is attached hereto and incorporated herein. b) In the event that additional work hours are required of Consultant, beyond the not -to- exceed fee for this Agreement, additional compensation may be authorized only if such authorization is provided in writing, identifying a "not -to- exceed" cap to be paid by Agency. Hourly rates for additional work will be as outlined in Exhibit A. c) Agency shall make payment to Consultant within thirty (30) days of receipt of invoices, except for those invoices which are contested or questioned, in writing, and are returned to Consultant within thirty (30) days of the receipt of invoices. d) Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt. City shall not be subject to any fee or charge associated with any expense or reimbursable cost. 6. Incorporation by Reference All exhibits herein referenced are hereby incorporated into and made a part of this Agreement. 7. Suspension or Termination of Agreement without Cause a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of the termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 5. 8. Default of Consultant a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Page 2 of 7 0 Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b) If the Executive Director or his /her designee determines that the Consultant is in default in the performance of any terms or conditions of this Agreement, the Executive Director shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. c) Consultant may terminate this Agreement upon thirty (30) days notice in the event of a material breach or non - payment by Agency. 9. Indemnification Consultant shall indemnify, defend and hold harmless Agency, and any and all of its employees, officials and agents, City of Moorpark, and any and all of its employees, officials and agents ( "the Indemnitees ") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligence, willful misconduct, errors or omissions, in performance of this Agreement by Consultant or by any individual, or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, except such damage as caused by negligence of the Agency of any of its officers, employees, servants, project coordinators or agents. 10. Indemnification Provisions from Subcontractors Consultant 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 Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 Page 3 of 7 0 set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. Agency does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs and expenses described in this section. 11. Insurance Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement. 12. Independent Consultant a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner. b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. Notices Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by 1) personal service, 2) delivery by a reputable document delivery service, which provides a receipt showing date and time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: Page a of 7 7 Agency: Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Executive Director Consultant: Overland, Pacific and Cutler 3750 Schaufele Avenue, Suite 150 Long Beach, CA 90808 Attn: Barry McDaniel, President 14. Assignment The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 15. Entire Agreement This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. No waiver of any provision of this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. 16. Anti - Discrimination In the performance of the terms of this Agreement, Consultant agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. Page 5 of 7 M. 17. General Conditions a) Consultant agrees to limit its actions related to economic interest and potential or real conflicts of interest as such as defined by applicable state law to the same standards and requirements for designated Agency employees. b) 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. c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all original reports, documents, calculations, computer files, notes, and other related materials whether prepared by Consultant or its subcontractor(s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of Agency. Any word processing computer files provided to Agency shall use Microsoft Word for Windows software. d) 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. e) Cases involving a dispute between Agency and Consultant may be decided by an arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected, with costs proportional to the judgment of the arbitrator. f) The captions and headings of the various Sections and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Sections and Exhibits hereof. g) If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will never - the -less continue in full force without being impaired or invalidated in any way. h) No officer, employee, director or agent of the Agency shall participate in any decision relating to this Agreement which affects the individual personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, or shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. 18. Governing Law The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Page 6 of 7 A This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. 19. Authority to Execute this Agreement The person or persons executing this Agreement on behalf of Consultant warrants and represents that this individual has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK: Steven Kueny Executive Director ATTEST: Maureen Benson, Agency Secretary Exhibit "A ": Schedule of Fees Exhibit "B ": Insurance Requirements OVERLAND, PACIFIC AND CUTLER, INC.: Barry McDaniel President Page 7 of 7 10 Exhibit A Professional Principal Consultant / Program Manager $185.00 per hour Designated Real Estate Appraiser $275.00 per hour Senior Staff Real Estate Appraiser Staff Real Estate Appraiser $225.00 per hour $150.00 per hour Senior Utility Coordinator $150.00 per hour $140.00 per hour $140.00 per hour Senior Project Manager Property Management Supervisor Project Manager $130.00 per hour Utility Coordinator Senior Consultant $130.00 per hour $115.00 per hour Property Manager $115.00 per hour $105.00 per hour $105.00 per hour Consultant Analyst Research Appraiser $105.00 per hour $ 73.00 per hour $ 45.00 per hour Escrow Officer / Project Support Administrative Support Tradesmen Field Maintenance Supervisor / Inspector $105.00 per hour Specialized Labor / GC / Plumber / Electrician $105.00 per hour* Equipment Operator Landscape /Property Maintenance Laborer $ 73.00 per hour* $ 40.50 per hour* Laborer (non - skilled) $ 27.50 per hour* * Prevailing Wage Compliant OPC considers local travel /mileage, photocopying, first class postage, telephone, facsimile and wireless communication charges a normal part of doing business and are included in the stated hourly rates. Out -of- pocket expenses including pre- approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and /or certified mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent ( +10 %) for administration, coordination and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent ( +10 %). 11 In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5 %) per annum, compounded annually, on the anniversary date of this contract. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge. OPC may submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. Substantial changes in the required scope of work may result in the revision of the proposed fees. In consideration of the services performed by OPC, the client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining balance of the project balance shall become immediately due and payable. 12 EXHIBIT B Insurance Requirements Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and Agency agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds Agency and the City of 13 Moorpark, its officials, employees, servants, agents, and independent consultants ( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. CONSULTANT agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractor's to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations limits the application of such insurance coverage. 4. 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the Agency, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect Agency's protection without Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, Agency has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at Agency option. 8. Certificates of insurance are to reflect that the insurer will provide 30 days notice to Agency of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of 14 the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subconsultant, 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project, who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Consultant agrees not to self- insure or to use any self- insured retention or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, 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 Consultant'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 Consultant, which may include reduction or elimination of the deductible of self- insured retention, substitution of other coverage, or other solutions. 12. 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency will negotiate additional compensation proportional to the increased benefit to Agency. 13. For purposes of applying insurance coverage, only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant 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. 15 15. Consultant will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until Agency executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to Agency within five days of the expiration of the coverages. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to Agency, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a give coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party of insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant 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 Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the 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. 16 22. Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the work performed under this Agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency. 17 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.C. of —0'{0 '0Z 0 ACTION: BY: , MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe 11, Redevelopment Manager Date: April 11, 2011 (Agency Meeting of 4/20/11) Subject: Consider Granting a Right of Way Easement to the City of Moorpark for a Portion of APN 511 -0- 101 -350 (347 Moorpark Avenue) BACKGROUND & DISCUSSION The Redevelopment Agency of the City of Moorpark ( "Agency ") owns the property located at 347 Moorpark Avenue ( "Property "). The Property is currently vacant and all improvements have been removed. The 2008/09 — 2014/15 Seven Year Capital Improvement Plan identifies the widening of Moorpark Avenue from Casey Road to Third Street. The 2009/10- 2014/15 Five Year Implementation Plan has identified infrastructure improvements as a goal for use of redevelopment funds. Objective 111.5.ii specifically identifies the widening of Moorpark Avenue as a public improvement project for the Agency to assist with the funding. Staff is recommending the Agency grant a twenty foot easement to the City of Moorpark for the future widening of Moorpark Avenue. FISCAL IMPACT None. STAFF RECOMMENDATIONS 1. Approve granting an easement to the City of Moorpark for right of way purposes. 2. Authorize the Executive Director to execute any documents necessary to grant the easement, subject to final language approval by Executive Director and Agency Counsel. Attachment "A ": Grant Deed RECORDING REQUESTED BY: Redevelopment Agency of the City of Moorpark WHEN RECORDED MAIL TO City Clerk CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Attachment A GRANT DEED OF EASEMENT No Documentary Transfer Tax per Revenue Taxation Code 11922 APN: 511 -0- 101 -350 (portion of) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Redevelopment Agency of the City of Moorpark Hereby GRANTS to: City of Moorpark, a Municipal Corporation the following described interests in real property located in the City of Moorpark, County of Ventura, State of California: an easement consisting of the east twenty (20) feet for Public Roadway purposes, including construction, maintenance, inspection, removal and replacement of any and all facilities over, under and upon that property described in Exhibit "A" consisting of one page, attached hereto and made a part hereof. Executed this day of 20 Redevelopment Agency of the City of Moorpark By: By: Steven Kueny, Executive Director Maureen Benson, Agency Secretary 19 EXHIBIT "A" A PART OF LOT "P ", AS PER MAP ENTITLED "MAP OF A PART OF TRACT 'V, OF THE RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND THE LANDS OF MADELINE R. POINDEXTER ", RECORDED IN BOOK 5 PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MOORPARK AVENUE, FROM WHICH A POINT IN THE CENTER LINE OF SAID MOORPARK AVENUE AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THOMAS M. HILL, BY DEED RECORDED IN BOOK 145 PAGE 296 OF DEEDS, BEARS SOUTH 00 03' WEST 121.38 FEET DISTANT; THENCE FROM SAID POINT OF BEGINNING, 1ST: NORTH 00 03' EAST 121.41 FEET ALONG THE CENTER LINE OF SAID MOORPARK AVENUE TO A POINT; THENCE, 2ND: NORTH 890 56' WEST 175.00 FEET AT 25.00 FEET A 3/4" IRON ROD SET IN THE WESTERLY LINE OF SAID MOORPARK AVENUE; AT 175.00 FEET A 3/4" IRON ROD; THENCE, 3RD: SOUTH 00 03' WEST 121.41 FEET TO A 3/4" IRON ROD; THENCE, 4TH: SOUTH 890 56' EAST 175.00 FEET, AT 150.00 FEET A 3/4" IRON ROD SET IN THE WESTERLY LINE OF SAID MOORPARK AVENUE, AT 175.00 FEET THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PART OF THE ABOVE DESCRIBED LAND LYING WITHIN THE EXTERIOR BOUNDARIES OF MOORPARK AVENUE. ASSESSOR'S PARCEL NO. 511 -0- 101 -350 z 20 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.Q. of TvZO�o70 /l ACTION:.. BY: MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager 06- BY: Ky Spangler, Special Projects Consultant V DATE: April 6, 2011 (Agency Meeting of 4/20/11) SUBJECT: Consider Award of Bid and Project Approval for the Demolition of 1083 Walnut Canyon Road and 112 First Street and Resolution Amending the Fiscal Year 2010/11 Budget BACKGROUND & DISCUSSION The Agency acquired 1083 Walnut Canyon Road and 112 First Street for use in future affordable housing projects. Both structures 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 structures was published on March 15, 2011 and March 22, 2011. A mandatory job walk was held on March 25, 2011 and was attended by 16 contractors. Seven bids were received by the due date of April 7, 2011. The results are: 5M Contracting Aguilera Brothers Construction Flores- Sierra Contractors, Inc. Interior Demo, Inc. Maccor, Inc. Sun -lite General Contractors Ventura Construction, Inc. $26,600.00 $36,500.00 $16,094.00 $29,000.00 $42,000.00 $59,362.00 $49,485.00 The proposals were evaluated on their completeness and cost. The low bidder is Flores- Sierra Contractors, Inc. Flores- Sierra Contractors, Inc. possesses the necessary qualifications, resources, and experience to perform the work. 21 Honorable Agency Board April 20, 2011 Page 2 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 Community Development Director's determination that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(1) & (4) of the CEQA Guidelines. If this project is approved, Staff will file a Notice of Exemption with the County Clerk. FISCAL IMPACT A budget amendment in the amount of $17,703.40 from the MRA Low /Mod Income Housing Fund (2901) will be needed for the demolition of 1083 Walnut Canyon Road and 112 First Street. This amendment includes a 10% project contingency. STAFF RECOMMENDATION (ROLL CALL VOTE) 1) Approve the removal of 1083 Walnut Canyon Road and 112 First Street; and 2) Award bid to Flores- Sierra Contractors, Inc. for $17,703.40, including a 10% project contingency and authorize execution of the Agreement by the Executive Director, subject to final language approval by the Executive Director and Agency Counsel; and 3) Adopt Resolution No. 2011- Attachment 1 —Agreement Attachment 2 — Resolution No. 2011- 22 ATTACHMENT 1 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND FLORES- SIERRA CONTRACTORS, INC., FOR DEMOLITION OF 1083 WALNUT CANYON ROAD AND 112 FIRST STREET, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the Redevelopment Agency of the City of Moorpark, a municipal Corporation ( "Agency ") and Flores- Sierra Contractors, Inc., California corporation ( "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, Agency has the need for demolition services at 1083 Walnut Canyon Road and 112 First Street, Moorpark, CA, and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications and background to carry out the duties involved; and WHEREAS, the Agency Board of the Redevelopment Agency of the City of Moorpark at a meeting held on the 20th day of April, 2011, authorized the Executive Director to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seg. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES Agency does hereby retain Contractor in a contractual capacity to provide construction services as set forth in Exhibit B - Contractor's Bid Proposal, dated April 6, 2011 which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the requirements of the bid 23 manual which is set forth in Exhibit C. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B and C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the Executive Director of the Redevelopment Agency of the City of Moorpark. Payment by Agency to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section 22300, General Conditions, Technical Specifications, Bidder's Proposal, Plans, Standard Specifications for Public Works Construction ( "Greenbook "), Drawings, Project Manual and Specifications, Required Bonds and Forms, Permits, Exhibits A, B, and C, and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Section 2 -5.2 of the Greenbook. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. AGENCY MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Agency and Contractor shall be Alberto Flores, and no other individual may be substituted without the prior written approval of the Executive Director. The Agency's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and Agency, shall be the Executive Director or his /her designee. 7. PAYMENT The Agency agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 24 attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixteen thousand ninety -four dollars ($16,094.00) plus ten percent (10 %) contingency of one thousand six hundred nine dollars and forty cents ($1,609.40) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Contractor at the time Agency's written authorization is given to Contractor for the performance of said services. The Executive Director is authorized by the Agency Board to approve additional work not to exceed the ten percent (10 %) contingency amount stated above. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the Executive Director. If the Agency disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 8. APPRENTICESHIP Contractor shall comply with all provisions of Labor Code Section 1777.5. 9. TERMINATION OR SUSPENSION WITHOUT CAUSE The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. if such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 10. DEFAULT OF CONTRACTOR If the Executive Director or his /her delegate determines that the Contractor 25 is in default in the performance of any of the terms or conditions of this Agreement, he /she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the Executive Director, he /she shall forfeit and pay to the Redevelopment Agency of the City of Moorpark, as liquidated damages, the sum of one thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Govt C. Sec. 53069.85]. Progress payments made by the Agency after the above specified completion date shall not constitute a waiver of liquidated damages by the Agency. 12. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give the Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Contractor. With respect to computer 26 files, Contractor shall make available to the Agency, at the Contractor's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 13. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency, City of Moorpark, and its Engineers, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily 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: a) 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 subcontractor; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub- sections a, b, c, and d, 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, 27 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 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 Indemnities 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. 14. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 15. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the Agency a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Contractor shall not incur or have the power to incur any debt, obligation, or liability against Agency, or bind Agency in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 17. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 18. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity. 29 19. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 20. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and /or its subcontractors shall provide no service or enter into any contract with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, while under contract with the Redevelopment Agency of the City of Moorpark and for a one -year time period following termination of this Agreement. 21. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: Executive Director Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 30 To: Alberto Flores Flores- Sierra Contractors, Inc. 1547 Jayken Way, Suite B Chula Vista, California 91911 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 22. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected in the Contract Documents. 23. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 25. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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 Agreement and also govern the interpretation of this Agreement. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and 31 statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 28. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Executive Director. 29. TIME OF COMPLETION Agency and Contractor agree that time is of the essence in this Agreement. Agency and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure Agency, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, Agency and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in Article 11 for each and every day such performance is late. Agency and Contractor agree that such sum is reasonable and fair. Furthermore, Agency and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 30. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 31. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the 32 waiver. 32. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he /she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDVELOPMENT AGENCY OF THE FLORES - SIERRA CITY OF MOORPARK CONTRACTORS, INC. In By: Steven Kueny, Executive Director Alberto Flores, President Attest: Maureen Benson, Agency Secretary 33 EXHIBIT A Insurance 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 the Agency. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than One million dollars ($1,000,000) per occurrence for all covered losses and no less than Two million dollars ($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: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to Agency for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state - approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. 34 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. 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, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability 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 the 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 A.M. Best rating of A- or better and a minimum financial size of 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, City of Moorpark, its officials, employees, 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 the Agency to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. Agency, having required 35 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 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 the 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 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 discover period) that 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, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, 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. 36 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to Agency and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self insurance available to the Agency. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who 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 Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this 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 this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the 37 Agency will negotiate additional compensation proportional to the increased benefit to Agency. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of Agency to inform Contractor of non - compliance with any insurance requirement in no way imposes any additional obligations on Agency nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuance 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 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 on this project through Contractor. Agency shall determine the liability limit. 39 Exhibit B 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 1083 Walnut Canyon Road & 112 First Street, Moorpark, California Bids to Be Received - Thursday, April 7, 2011 by 3:30 p.m. Name f-"4e-S -9l 6t eA Street Address CONTRACTOR City tlM >STA State —eA Zip Code Telephone Number Contractor's License No 226kZ3 Class �"� Expiration Date ��-- The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. - A Signature . Bidder ._ .::�: i G BID SCHEDULE: /I-Re s /,b &U T 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. 1083 Walnut Canyon Road Lump Sum Base Bid ($ .9, O'14 6a ) 2. 112 First Street Lump Sum Base Bid ($ 9, Q - _ Total $ /1a - 0 q-,l o 6.5h 1 #44/SAA)-6 A)l /t/6i Y FOt)A dollars and 9C. cents WRITE OUT TOTAL BID ON THIS LINE Number of calendar days for completion: 410 b4 yS Moorpark Redevelopment Agency Structure Demolition -1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 6 of 67 WE BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Bid Due Daterrime: April 7, 2011 by 3:30 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 9083 Walnut Canyon Road and 112 First Street, Moorpark, CA. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders. This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter into a Contract within the time and in the manner as required in the Notice Inviting Bids and will furnish the insurance certificates, endorsements, and Bonds as required by the Contract Documents. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda (receipt of which is hereby acknowledged): Bid Addenda Number: Date: Bid Addenda Number: Date: Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: TO L- Pe S t -� �O MTP.A Q, OP,__ �-- � t n C - By: (Signature — Title: _Pr ntative) Si pt_&JT G-3E�R To 17 -0 Dated: ZZ [ Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 7 of 67 41 (in lieu of certified or cashier's check) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID KNOW ALL PERSONS BY THESE PRESENTS: Western Insurance That we, Flores Sierra Contractors, Inc. as Principal, and Company as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment Agency of the City of Moorpark, the obligee, for ten percent (10 %) of the total bid, to be paid to said Agency if the Proposal shall be accepted and the Principal shall fail to execute the contract tendered by the Agency within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is herby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this -ith day of April , 2011. Cc By Titl By Titl Surety Western Insurance _Company By 197, - Kat y T. Harshbarger Attorney -In -Fact Moorpark Redevelopment Agency Bid Package 42 Structure Demolition –1083 Walnut Canyon Rd. & 112 First St. Paqe 9 of 67 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF ) SS. CITY OF SAA tE'C" p 49tP'f0 T4kEg being first duly sworn, deposes and says that he /she is R SID T of I�Q,; C_ - the party making the foregoing bid; that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ,� S1 Name of Bidder Name of Bid r. Signature of Bidder A IJ3 e RT0 �i,3Q_. �u_zl y161 iI 154 IA y KW 0W4 Address of BidderV ISTQ l (°t t ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) lwt�-Iq' t ( c f - �� Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 8 of 67 43 CALIFORNIA JURAT WITH AFFIANT STATEMENT IF'See Attached Document (Notary to cross out lines 1-6 below) F7 See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California t County Is M. LOPEZ UmConmftltlon # 1863230 C Notary Public - California %V San Diego County My Conn. Ex ires Sep 26, 2013 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of C.. 20-L!— by Date Mont Year (1) Name of Igner proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) , ame f Signer proved to me on he b is of satisfactory evidence to be the person ho appeared before me.) Signature OPTIONAL Notary Though the information below is not required by law, it may prove _ GM valuable to persons relying on the document and could prevent M" ENKA fraudulent removal and reattachment of this form to another document. I Top of thumb h9fe I F p Further Description of Any Attached Document c, Title or Type of Document: - Document Date: / / .__ Number of Pages: Signer(s) Other Than Named Above: 02007 National Notary Association • 9350 De Soto Ave., P 0. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5910 Reorder. Call Toll -Free 1 -800 - 876.6827 I I } CALIFORNIA ALL — PURPOSE s CERTIFICATE OF ACKNOWLEDGMENT 4 1 �i State of Nevada County of Washoe On 4/7/11 before me, Deborah Y. Snyder personally appeared Kathy M. Harshbarger (Here insert name and title of the officer) _Notary Public_, who proved to me 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.""'""' "' "" " "w" DEBORAH Y. SNYDER �A ✓ •; Notary pubUc -State of Nevada /� (Notary Seal) a pppoltdtttetaHet�tdedinVPasfioecourtY Signature of Nota P blic jj •` No:OSi t0if3t•2 Expires >a�e�' X14 f {rru�uuuauuuwur"u�w wwuuu.w.uuuuuuuu uuu"„" "uuui ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT 10% Bid Flores (Title or description of attached document) For Moorpark (Title or description of attached document continued) Number of Pages _ 1 Document Date 4 -7 -1 1 (Additional Information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer - - -_ ('title) • Partner (s) XL{ Attorney -in -fact • Trustee(s) • Other r Any acknowledgement completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgement verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgement. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgement is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. halshe/the}- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgement form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:' Additional information is not required but could help to ensure this acknowledgement is not misused or attached to a different document. 4:* Indicate title or type of attached document, number of p pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate Officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. WESTERN INSURANCE COMPANY POWER OF ATTORNEY 12926 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Utah and having its principal office at the City of Sandy, in the State of Utah, does hereby constitute and a" L. Rottman, Bradley A. Pearce, Janice L. Bowman, R. Scott Rottman, Amy J. Simpson, Kathy M. Harshbarger, Jana Pisani, Patti C. Miller Of the STATE OF UTAH its true and lawful Attomcy(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 6th day of December, 2010. WESTERN INSURANCE COMPANY (Signed) By xttgt=�— - SEAL President Of (Signed) By G� Secretary STATE OF UTAH On this 6th day of December, 2010, before me personally came DI I,<4 .JTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SEC of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, sat at ey, The L. ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT a. 1, CRETARY oktth id WESTERN INSURANCE COMPANY, the corporation described in which executed the fore ingRo er of Atto eil+at' ey each k w the seal of said corporation; that the seal affixed to said Power of Attorney was su h}orate seal, th� t�` so affixed f the Board of Directors of said corporation, and that they signed their name�&RIt4�o by like of PRESIDENT ETARY, respectively, of the Company. My Commission expires t1�tlrlday in April t;Lr:� ' ,;P ... .....PATR.AA. LE(SON ..... G �` -, ,!�/�/�� 1 rae,wes wuwwc m O (Signed) Notary Public i ............... wu .................. .. ..... ........ This Power of Attorney is er and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANY on December 6, 2010. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s) -in -Fact pursuant to a Power or Attomey issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on December 6, 2010 and that this resolution is in full force effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof i have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 7th April day of 2011 /O %sue Secretary a SEAL « 1994 J r7�OF� M FORM TO ACCOMPANY BID BOND TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF �dl bfe SS. CITY OF 044, VS On this da ¢ 4.0-Aia o f Z .120 before me, ��' , a Notary Pubic in and for said County and S //ate, residin therein, duly commissioned and sworn, personally appeared of j%k�S &^I,-Z!Pand proved to me on the basis of satisfactory evidence to be the person4* whose name( is /a+e- subscribed to the within instrument and acknowledged to me that he /s4eAhey executed the same in hislftal; 4r authorized capacity(, and that by his /fir signature* on the instrument the person(o, or the entity upon behalf of which the person(&) acted , executed the instrument, and the said & 66^- C/ duly acknowledge to me that he /s*e/they subscribed the name of Q pt � l� �+ thereto as surety and his /Y" own as I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. M. Lopez 'Commission #t 1663230 = s Notary Public - California aSan Diego County M Comm. lZros Sep 26 2013 County and State aforesaid If certified or cashier's check is submitted herewith, state number and amount $ Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 10 of 67 47 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License (B or C -21) at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work include ithin th scope of the specifications under the present business name: V"aES F�kA 0KrR-1%a-10RS,11ve, 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: �(T� �� CAK) �(&roo Contact Individual: Address: Contract Amount: Reference No. 2 Customer Name: Contact Individual: Address: Contract Amount: Description of wort Asm.STCS I k Reference No. 3 Customer Name: Contact Individual: Address: Contract Amount: escription of w rl h&* V)1--1T10&) Tq OP G N P-bw G"Ve, VA,PMS MA-R. V Z Phone No. A2t-Cj Ay A 0 - A 01J0404 Year: done: st < !TV OF r-4kLS V /.As- r ri (o Phone No. d6ne: �T��CE�JT t 5T(oo C'o-(ToN L000b Ave . Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd Year: E(@,OrATIOty I OP) ©F I C, i OP-V I Ll-& , & 112 First St. �t9�C�S �! -46-r-/ grH gT. Bid Package Page 11 of 67 48 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF�i I am the r bye eeUT Of RO RES SttR_k& Nbidder 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 4PRU, t at (date) California. (place) I declare , -- under penatty- DfIx -ijury, that the foregoing is true and correct. Signature of gifder 1 A�ZEAJQ eJ@.S lit e�T Title Signature of Bidder Title Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 12 of 67 .• COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti - smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time Agency issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, Agency may give notice of default to Contractor, and at the Agency's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: Title Date �v P1111-- Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. RI�.Btrp�� Bid Package Page 13 of 67 50 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." M Title: T RCS Date: tee R11^ ( � ;)-o I I Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 14 of 67 51 BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractor's who will perform more than 1/2% the value of the total lump sum bid amount. (NOTE: If Contractor does not have a valid DOSH registration number, then a qualified subcontractor must be selected to provide required asbestos abatement work and must be listed here. PLEASE PRINT LEGIBLY Name Under Which Subcontractor is Licensed 6 CT/ License No.& Class Business Address qs3 a) ese- JAA) ,6etX)AW I 0 Percent Type of work to Work be done' 117; tts Total Percentage 2 /.aoil Signature(s) cArr Date ' Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. /0 Bid Package Page 15 of 67 52 Exhibit C REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Project Manual and Specifications Demolition of Structures and Site Clearing at 1083 Walnut Canyon Road and 112 First Street, Moorpark, California Bid Due Date and time: Thursday, April 7, 2011 at 3:30 p.m. Specification No. RDA -11 -001 53 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 —1083 Walnut Canyon Rd. & 112 First St. Page 2 of 67 54 Instruction to Bidders THE REDEVELOPMENT AGENGY OF THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF 1083 WALNUT CANYON ROAD AND 112 FIRST STREET, MOORPARK, CA 93021 There will be a mandatory pre -bid conference and site walk held on Friday, March 25, 2011 at 10:45 a.m. starting at 1083 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 3:30 p.m. on April 7, 2011 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 —1083 Walnut Canyon Road & 112 First Street Moorpark, CA 93021 DO NOT OPEN WITH REGULAR MAIL Bidders shall submit one complete set of the Bid Forms and all required attachments. No proposal received after the time specified or at any place other than the place stated above will be considered. All bids will be opened and declared publicly. 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 —1083 Walnut Canyon Rd. & 112 First St. Page 3 of 67 55 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: David Moe, Redevelopment Manager Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6217 or dmoe @ci.moorpark.ca.us Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 4 of 67 Instructions to Bidders (continued) Please do not call other staff members or consultants. If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or 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 —1083 Walnut Canyon Rd. & 112 First St. Page 5 of 67 57 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 1083 Walnut Canyon Road & 112 First Street, Moorpark, California Bids to Be Received — Thursday, April 7, 2011 by 3:30 p.m. Name Street Address City Telephone Number Contractor's License No CONTRACTOR State Zip Code Class , Expiration Date The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of Bidder Title BID SCHEDULE: It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. 1083 Walnut Canyon Road Lump Sum Base Bid ($ ) 112 First Street Lump Sum Base Bid ($ ) Total $ dollars and cents WRITE OUT TOTAL BID ON THIS LINE Number of calendar days for completion: Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 6 of 67 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Bid Due Date/Time: April 7. 2011 by 3:30 D.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 1083 Walnut Canyon Road and 112 First Street, Moorpark, CA. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders. This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter into a Contract within the time and in the manner as required in the Notice Inviting Bids and will furnish the insurance certificates, endorsements, and Bonds as required by the Contract Documents. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda (receipt of which is hereby acknowledged): Bid Addenda Number: Date: Bid Addenda Number: Date: Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: M (Signature —Authorized Representative) Title: Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 7 of 67 59 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF ) SS. CITY OF being first duly sworn, deposes and says that he /she is of 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. Name of Bidder Name of Bidder Signature of Bidder Signature of Bidder Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 8 of 67 HE (in lieu of certified or cashier's check) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment Agency of the City of Moorpark, the obligee, for ten percent (10 %) of the total bid, to be paid to said Agency if the Proposal shall be accepted and the Principal shall fail to execute the contract tendered by the Agency within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is herby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this day of , 2011. Contractor By Title By Title Surety By Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 9 of 67 61 FORM TO ACCOMPANY BID BOND TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared of and 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, and the said duly acknowledge to me that he /she /they subscribed the name of thereto as surety and his /her own as I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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 If certified or cashier's check is submitted herewith, state number and amount $ Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 10 of 67 62 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License (B or C -21) at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name: List and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the work included within the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Phone No. Year: Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 11 of 67 63 Reference No. 2 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Reference No. 3 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 11 of 67 63 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF I am the Of , the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on (date) at (place) I declare, under penalty of perjury, that the foregoing is true and correct. Signature of Bidder Title Signature of Bidder Title Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. California. Bid Package Page 12 of 67 .� COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti - smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time Agency issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, Agency may give notice of default to Contractor, and at the Agency's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: _ Title Date Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 13 of 67 65 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." 2 Title. Date: Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 14 of 67 .. BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractor's who will perform more than 1/2% the value of the total lump sum bid amount. (NOTE: If Contractor does not have a valid DOSH registration number, then a qualified subcontractor must be selected to provide required asbestos abatement work and must be listed here. PLEASE PRINT LEGIBLY Name Under Which Percent Subcontractor is License Type of work to Licensed No.& Class Business Address Work be done' Total Percentage 2 Signature(s) of Bidder Date ' Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 15 of 67 67 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND , FOR DEMOLITION OF 1083 WALNUT CANYON ROAD AND 112 FIRST STREET, MOORPARK, CA THIS AGREEMENT, is made and effective as of this day of , 2011, between the Redevelopment Agency of the City of Moorpark, a municipal Corporation ( "Agency ") and , [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] ( "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, Agency has the need for demolition services at 1083 Walnut Canyon Road and 112 First Street, Moorpark, CA; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications and background to carry out the duties involved; and WHEREAS, the Agency Board of the Redevelopment Agency of the City of Moorpark at a meeting held on the day of , 2011, authorized the Executive Director to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et se q. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: TERM The term of the Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES Agency does hereby retain Contractor in a contractual capacity to provide construction services as set forth in Exhibit B - Contractor's Bid Proposal, dated , 2011 which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the requirements of the bid manual which is set Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 16 of 67 W. forth in Exhibit C. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B and C, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total contract value as stated in Exhibit B, without the written authorization of the Executive Director of the Redevelopment Agency of the City of Moorpark. Payment by Agency to Contractor shall be as referred to herein. 3. INCORPORATION BY REFERENCE Notice Inviting Bids, Instructions to Bidders, Public Contract Code Section 22300, General Conditions, Technical Specifications, and addenda (date), Bidder's Proposal, Plans, Standard Specifications for Public Works Construction ( "Greenbook "), Drawings, Project Manual and Specifications, Required Bonds and Forms, Permits, Exhibits A, B, and C, and all applicable codes and regulations are hereby incorporated in and made part of this Agreement. The provisions of the Greenbook shall apply to this Project except as may be modified by other provisions of the Agreement. 4. PRECEDENCE If there is a conflict between or in the Agreement documents, the precedence shall be as outlined in Section 2 -5.2 of the Greenbook. 5. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. AGENCY MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Agency and Contractor shall be , and no other individual may be substituted without the prior written approval of the Executive Director. The Agency's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and Agency, shall be the Executive Director or designee. 7. PAYMENT The Agency agrees to pay Contractor monthly, in accordance with the payment Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 17 of 67 .• rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ($ .00) plus ten percent (10 %) contingency of ($ .00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Contractor at the time Agency's written authorization is given to Contractor for the performance of said services. The Executive Director is authorized by the Agency Board to approve additional work not to exceed the ten percent (10 %) contingency amount stated above. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the Agency disputes any of Contractor's fees it shall give written notice to Contractor within (30) days of receipt of any disputed fees set forth on the invoice. 8. APPRENTICESHIP Contractor must comply with all provisions of Labor Code Section 1777.5. 9. TERMINATION OR SUSPENSION WITHOUT CAUSE The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 10. DEFAULT OF CONTRACTOR If the Executive Director or his /her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he /she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the Agency shall have the Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 18 of 67 70 right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the Executive Director, he /she shall forfeit and pay to the Redevelopment Agency of the City of Moorpark, as liquidated damages, the sum of one thousand dollars ($1,000) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract. [Govt C. Sec. 53069.85] Progress payments made by the Agency after the above specified completion date shall not constitute a waiver of liquidated damages by the Agency. 12. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give the Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Contractor. With respect to computer files, Contractor shall make available to the Agency, at the Contractor's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 13. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless Agency, City of Moorpark, and its Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 19 of 67 VA Engineers, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily 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: a) 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 subcontractor; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - sections a, b, c, and d, 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 20 of 67 72 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 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 Indemnities 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. 14. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 15. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the Agency a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Contractor shall not incur or have the power to incur any debt, obligation, or liability against Agency, or bind Agency in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 21 of 67 73 16. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 17. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section. [Labor Code Sec. 1735] 18. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity. 19. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 20. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 22 of 67 74 employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and /or its subcontractors shall provide no service or enter into any contract with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, while under contract with the Redevelopment Agency of the City of Moorpark and for a one -year time period following termination of this Agreement. 21. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: Executive Director Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Contractor Information Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 22. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected in the Contract Documents. 23. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 23 of 67 75 obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 25. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The 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 Agreement and also govern the interpretation of this Agreement. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 28. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Executive Director. 29. TIME OF COMPLETION Agency and Contractor agree that time is of the essence in this Agreement. Agency and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure Agency, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, Agency and Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 24 of 67 76 Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in Article 10 for each and every day such performance is late. Agency and Contractor agree that such sum is reasonable and fair. Furthermore, Agency and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 30. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 31. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 32. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he /she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. [Signatures to follow on next page] Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 25 of 67 77 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDVELOPMENT AGENCY OF THE CITY OF MOORPARK 0 Steven Kueny, Executive Director Attest: Maureen Benson, Agency Secretary NAME OF CONTRACTOR HERE IN Its: Authorized Signatory Title Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 26 of 67 WIMM - Insurance 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 the Agency. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than One million dollars ($1,000,000) per occurrence for all covered losses and no less than Two million dollars ($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: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to Agency for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state - approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 27 of 67 79 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. 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, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability 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 the approval of Agency following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and Agency agree as follows: Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds Agency, City of Moorpark, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the Agency to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. Agency, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against Agency regardless of the applicability of any insurance proceeds, and to require all Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 28 of 67 .$ contractors, subcontractors, or others involved in any way with the project 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 the 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 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 discover period) that 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, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, 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 required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to Agency and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 29 of 67 S 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to the Agency. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who 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 Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this 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 this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 30 of 67 16. Contractor will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuance 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 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 on this project through Contractor. Agency shall determine the liability limit. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 31 of 67 S 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 1083 Walnut Canyon Road and 112 First Street, and is required by said Agency 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; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of Contractor Title Surety JIM Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. , 2011. Bid Package Page 32 of 67 ., FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of 20 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared known to be the of person whose name is subscribed to the within instrument as the said and the said acknowledge to me that he /she subscribed the name of thereto as surety and his /her own as and the same of duly IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 33 of 67 S 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 1083 Walnut Canyon Road and 112 First Street and is required by Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors fails to pay for any subcontractors, materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California. This bond shall remain in full force and effect through the term of the Agreement and beyond as set forth herein. The Contractor may cause the Bond to be exonerated six (6) months after the date of recordation of the Notice of Completion by the City and only with the City's written permission. However, Bond shall not be exonerated if claims or stop notices remain outstanding. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 34 of 67 W. BOND FOR MATERIAL SUPPLIERS AND LABORERS (continued) WITNESS our hands this day of , 2011 Contractor Title Title Surety M Moorpark Redevelopment Agency Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 35 of 67 t FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of 2011, Notary Public in and for said County and State, residing 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 undersigned, a herein, duly commissioned and 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 —1083 Walnut Canyon Rd. & 112 First St. Bid Package Page 36 of 67 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. David Moe, Redevelopment Manager is the Agency's project representative assigned to this project and will act as directed by and under the supervision of the Executive Director. 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 —1083 Walnut Canyon Rd. & 112 First St. Page 37 of 67 NE 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 —1083 Walnut Canyon Rd. & 112 First St. Page 38 of 67 M 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined and (2) the titles of numbered articles and identified references to Paragraphs, Sub - paragraphs and Clauses in this document. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract frequently omits modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Agency is the person or entity identified as such in the Contract and is referred to throughout the Contract as if singular in number. The terms "Agency" and "Owner" mean the Redevelopment Agency of the City of Moorpark, and it is the owner. 2.1.2 The Agency upon reasonable written request shall furnish to the Contractor, in writing, information which is necessary and relevant for the Contractor to evaluate, give notice or enforce claim rights. 2.2 INFORMATION AND SERVICES REQUIRED BY THE AGENCY 2.2.1 Information or services under the Agency's control shall be furnished by the Agency with reasonable promptness to avoid delay in orderly progress of the work. 2.2.2 As necessary, the Agency shall forward all communications to the Contractor through the fax and /or first class mail, personal delivery, or overnight delivery service. 2.3 AGENCY'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct work which is not in accordance with the requirements of the Contract, in the required time frames, or persistently fails to carry out work in accordance with the Contract, the Agency, by written order signed personally or by an agent specifically so empowered by the Agency in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Agency to stop the work shall not give rise to a duty on the part of the Agency to exercise this right for the benefit of the Contractor or any other person or entity. These remedies are supplemental to remedies Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 39 of 67 91 found elsewhere in the Contract. 2.4 AGENCY'S RIGHT TO CARRY OUT THE WORK 2.4.1 Notwithstanding other remedies available to the Agency, if the Contractor defaults or neglects to carry out the work in accordance with the Contract and fails within a ten calendar day period after receipt of written notice from the Agency to commence and correct such default or neglect with diligence and promptness, the Agency, at its sole option and without obligation, may, with their own or outside forces, correct such deficiencies. In such case an appropriate deduction shall be made by the Agency from payments then, or thereafter, due to the Contractor for the cost of correcting such deficiencies, including compensation for the Agency's additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Agency. This remedy is cumulative. The Agency may terminate pursuant to section 12 of the contract. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Contract and is referred to throughout this Contract as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under conditions of the Contract that are administered by the Agency, and that are identical or substantially similar to these conditions. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 In addition to other investigations required by the contract documents, the Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Agency Staff at once. 3.2.2 The Contractor shall perform the work in accordance with the Contract. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 40 of 67 92 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 WAGE RATES, PAYROLL RECORDS AND DEBARMENT 3.5.1 The Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov /dlsr /. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City of Moorpark, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 41 of 67 93 3.5.2 The Contractor and each subcontractor shall forfeit as a penalty to the City of Moorpark not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. 3.5.3 As a further material part of this Contract, Contractor agrees to hold harmless and indemnify the City of Moorpark, its Board and each member of the Board, its officers, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its subcontractors to comply with the prevailing wage laws of the State of California. If the City of Moorpark or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its subcontractors to pay prevailing wages, Contractor agrees that the City of Moorpark and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the City of Moorpark and the other indemnified parties as billed, in addition to all other damages, fines, penalties and losses incurred by the City of Moorpark and the other indemnified parties as a result of the action. 3.5.4 Accurate payroll records shall be kept by the contractor and each subcontractor, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. 3.5.5 It shall be the responsibility of Contractor to Comply with Labor Code section 1776 as it may be amended by the Legislature from time to time with respect to each payroll record. As of April, 2003, Labor Code section 1776 provides in relevant part: "(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 42 of 67 ., available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 43 of 67 95 (f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. (g) The contractor or subcontractor shall have ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty -five dollars ($ 25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) A certified copy of all payroll records shall be submitted to the CONSTRUCTION MANAGER no later than the tenth (10th) day of each month for the immediately preceding month. This submission shall be a condition precedent for payment to CONTRACTOR. Failure to submit payroll records shall be grounds of withholding payment to CONTRACTOR until such submission is made. 3.5.6 Debarment. The Contractor or any subcontractor working under the Contractor may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between the Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by the Contractor on the project shall be returned to the City of Moorpark. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 3.6 APPRENTICES 3.6.1 Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. The Contractor shall be knowledgeable of and comply with all California Labor Code sections including 1727, 1773.5, 1775, 1777, 1777.5, 1810, 1813, 1860, including all amendments; each of these sections is incorporated by reference into this Contract. The responsibility for compliance with these provisions for all apprentice able occupations rests with the Contractor. Knowing violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 44 of 67 W. day of non - compliance pursuant to Section 1777.7. 3.6 TAXES 3.6.1 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. 3.7 PERMITS, FEES AND NOTICES 3.7.1 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. 3.7.2 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. 3.7.3 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 responsibility for such work and shall bear the attributable costs to remove, correct and /or otherwise comply with the law. 3.8 ALLOWANCES Not used. 3.9 CONTRACTOR'S SUPERVISION /SUPERINTENDENT 3.9.1 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. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.10.1 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 45 of 67 97 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. 3.10.2 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. 3.10.3 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. 3.11 USE OF SITE 3.11.1 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. 3.11.2 The Contractor shall coordinate their operations with, and secure the approval of, the Agency before using any portion of the site. 3.12 ACCESS TO WORK 3.12.1 The Contractor shall provide the Agency access to the work in preparation and progress wherever located. 3.13 ROYALTIES AND PATENTS 3.13.1 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 46 of 67 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. 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 47 of 67 • • 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. 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 48 of 67 100 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 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 49 of 67 101 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. 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 50 of 67 102 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 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 Moorpark Redevelopment Agency Bid Package Structure Demolition -1083 Walnut Canyon Rd. & 112 First St. Page 51 of 67 103 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 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 52 of 67 104 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: 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: Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 53 of 67 105 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 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: 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 54 of 67 106 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. 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 55 of 67 107 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. 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 56 of 67 IS 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. 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 (10) 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 57 of 67 109 recommendation for payment in whole or in part, to the extent reasonably necessary to protect the Agency, if in the Agency's opinion the representations to the Agency required by Subparagraph 8.3.3 cannot be made. If the Agency's Representative is unable to certify payment in the amount of the application, the Agency will notify the Contractor. If the Contractor and Agency cannot agree on a revised amount, the Agency will promptly issue a recommendation for payment for the amount for which the Agency is able to make such representations. The Agency may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a recommendation for payment previously issued, to such extent as may be necessary to protect the Agency from loss because of, but not limited to, the following: 1. Defective work not remedied; 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 Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 58 of 67 110 materials. 8.4.2 When the above reasons for withholding certification are removed to the Agency's satisfaction, certification will be made for amounts previously withheld. 8.4.3 The Agency may apply such withheld amount or amounts to payment of such claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the agent of the Contractor and any payment so made by the Agency shall be considered as a payment made under Contract by the Agency to the Contractor and the Agency shall not be liable to the Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Agency will render the Contractor a proper accounting of such funds disbursed on behalf of the Contractor. 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 City a written notice that the work is ready for final inspection and acceptance and shall also forward to the City a Contractor's application for final retention payment. When the City finds the work to be acceptable under the Contract and the Contract fully performed, the City will approve the recordation of a Notice of Completion based on the recommendation 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. 8.5.2 In addition to the above, no final retention payment shall be paid until the Contractor submits to the City (1) final certified payroll; (2) release statements or waivers of liens from all subcontractors indicating that they have been paid for their portion of work on this job; and (3) a copy of the building permit showing final sign -off from the City inspector. 8.5.3 Once all documentation has been furnished, the Contractor will not receive payment of final retention until thirty (30) days have passed from the date the Notice of Completion records. ARTICLE 9 PROTECTION OF PERSONS AND PROPERTY 9.1 SAFETY PRECAUTIONS AND PROGRAMS 9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the performance of the Contract including, without limitation, safety, job meetings and training. The Contractor shall submit the Contractor's safety program to the Agency and coordinate with the safety Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 59 of 67 111 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: Employees on the job and other persons who may be affected thereby; 2. The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; 3. Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Construction or operations by the Agency or other Contractors. 9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 9.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 60 of 67 112 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 Contract Documents for this project as will protect the Contractor from claims which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 61 of 67 113 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 endorsement, the form of which is specified in the Contract Documents, naming the Agency as additional insured must also be submitted before the Notice to Proceed will be issued. 10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said insurance coverage is required in addition to all other insurance coverage required by other provisions of the Contract Documents. Contractor to pay all deductibles. 10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 10.1. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 62 of 67 114 Technical Specifications For the Demolition of Structures and Appurtenances at 1083 Walnut Canyon Road and 112 First Street, Moorpark, California 1. The Agency has obtained the services of a licensed laboratory to verify a presence or absence of asbestos containing materials (ACM) on the Property. Based on the licensed laboratories report, both properties tested positive for ACM in varying forms. 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 property prior to commencement of demolition work. All ACM must be removed by a licensed asbestos abatement contractor using appropriate controls to prevent fiber emissions during the removal process. All asbestos abatement work must be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure compliance with the EPA's recommended clearance level. If a Contractor proposes to perform this work with their own forces, proof of the Contractor's valid DOSH registration number must be submitted with the bid documents. If the Contractor does not have a valid DOSH registration number for Asbestos removal, a subcontractor must be listed to perform this work. Failure to comply with either of these requirements, may lead to the bid being rejected as non - responsive. 2. Demolish and remove all structures, trash, debris, landscaping, shrubs, organic material, large boulders, bricks, blocks, and miscellaneous abandoned items, inside of the property lines at 1083 Walnut Canyon Road and 112 First Street. Concrete driveways and foundations are to remain. Trim trees 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 City of Moorpark has adopted a Construction and Demolition (C &D) ordinance requiring all demolition projects, regardless of cost; new construction projects valued over $500,000; or renovation projects valued over $100,000 to divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). The City has created a Construction and Demolition Materials Management Plan (C &DMMP) form to assist applicants to meet these diversion requirements. You will be required to submit a Diversion Security Deposit of 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one time fee for staff time associated with processing your C &D plan will be charged. You have two options to meet this requirement. You may use one of the City's franchised haulers (Waste Management or Moorpark Rubbish Disposal, dependent upon the location of the project) who can Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 63 of 67 115 provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self -haul your waste to a city authorized certified C &D processing facility. If you self - haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self -haul vehicle will need to be paid a prevailing wage rate for driving the C &D materials to the authorized facility. You will need to submit itemized weigh tickets from each facility documenting your C &D recycling and disposal that indicates the weight and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to final payment release for the job and refund of your C &D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805 - 517 -6247 with questions about the C &D ordinance or about how to obtain the forms and documentation requirements. 4. Remove all underground electrical conduits, gas lines, waterlines, sewer lines, irrigation lines, and associated lines and all other underground utilities and cap off same two (2) feet from the property line. Capped sewer utility should also be brought to grade. Prior to commencing any demolition work, the Contractor shall contact "Dig Alert" and all serving utilities and make all arrangements necessary to insure that all utilities are properly located, removed and capped at the property line, as required. All necessary fees, permits and requirements of the serving utilities and authorities having jurisdiction will be secured and paid for by the contractor, contractor will coordinate all utility disconnections and removals necessary to proceed with the work in a timely manner. Agency Staff can provide a listing of affected utilities upon request. 5. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or cutting are completely secured and properly barricaded to ensure separation of such operations with anybody other than who is authorized to be in construction area before beginning such work. Provide barricades and maintenance thereof, in accordance with applicable Federal, State and local codes and their respective requirements. Install temporary barricades, enclosures and protections before demolition work is started. 6. Perimeter fencing on the property at 112 First Street is to remain. Contractor is responsible for constructing a permanent six (6) foot fence, of new chainlink material, that is to extend along the front of the property at 112 First Street tying into the fence of the property to the west (124 First Street). The north and south perimeter fence at 1083 Walnut Canyon Road is to be removed. Contractor is responsible for construction of a permanent six (6) foot fence, of new chainlink material, across the front of the property that ties into the existing fences on the north and south sides of the property. 7. 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 64 of 67 116 8. 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. This is particularly important at both sites, due to close proximity to Walnut Canyon Road and the potential for blowing dust to limit visibility along this heavily traveled road; and 112 First Street due to the residential nature of the area. Contractor must comply with governing regulations and Ventura 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 requirements within item 3.) 9. 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. 10. 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. 11. 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. 12. No blasting will be permitted and burning of rubbish at the site is not allowed. 13. Site and surrounding areas to be left clean and free of any debris, organics pavement or other unsuitable materials. 14. 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. 15. 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. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 65 of 67 117 16. 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. 17. Contractor will be responsible for the security of the site. Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the project site until final acceptance by the Agency. Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. 18. Contactor will be responsible to include appropriate construction site Best Management Practices to comply with applicable storm water and urban runoff permits, regulations, codes or laws. Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 66 of 67 118 PRE - DEMOLITION ASBESTOS SURVEY REPORTS 1083 WALNUT CANYON ROAD 112 FIRST STREET Moorpark Redevelopment Agency Bid Package Structure Demolition —1083 Walnut Canyon Rd. & 112 First St. Page 67 of 67 119 Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. August 30, 2010 Ms. Jessica Sandifer Moorpark Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Asbestos Survey Report 1083 Walnut Canyon Road Moorpark, CA FCG Project Code: Moorpark Redev Agency -21 Dear Ms. Sandifer: Forbess Consulting Group, Inc. (FCG) performed an asbestos survey at the above - referenced property on August 12, 2010. The survey was performed by William Miller, a California Certified Site Surveillance Technician (CSST #07- 4160), under the supervision of Alan Forbess, a CA Certified Asbestos Consultant (CAC #94- 1549). This report documents the results of our survey, which was conducted to identify asbestos in building materials at the subject site which is scheduled for demolition. 1.0 Background The subject site structures include a 1,300 square feet house with a 400 square feet addition and detached garage /apartment building. The main house was reportedly built in 1936, with the addition constructed in 1993. FCG was contracted to perform an asbestos survey of the structures prior to demolition activities to identify asbestos containing materials (ACM) so that they can be properly abated in accordance with federal, state and local regulations. 2.0 Scope of Work The purpose of this survey was to document the presence of asbestos containing building materials (ACM) at the subject site. The project included the following components: • A visual inspection of interior and exterior building materials was conducted to identify suspect ACM. • Bulk samples were collected from suspect materials for submittal to a certified laboratory for analysis by Polarized Light Microscopy (PLM) methods to document the asbestos content of suspect materials. • Field observations and analytical data have been evaluated, and this written report provided which summarizes our findings and provides recommendations for further action as necessary. 1009 Mercer Avenue tel: 805.646.1995 Ojai, CA 93023 fax: 805.640.1650 120 Forbess Consulting Group, Inc August 30, 2010 3.0 Visual Observations Asbestos Survey Report 1083 Walnut Canyon Drive Moorpark, CA The following visual observations were noted during our inspection of the subject site structures: Main House- The main house is a single -story structure, built on a raised foundation with a porch. • Exterior walls consist of wood siding with one area of Transite (asbestos- cement) siding. • Roofing materials consist of multiple layers of composite shingles on the older section and rolled cap sheet with felt on the newer addition. Black mastic exists around penetrations. • Windows were observed to be primarily metal, with one area of wood windows noted on the south side. • Interior finishes consist of drywall walls and ceilings with limited areas of wood paneling. Flooring consists primarily of wood, vinyl sheet flooring, ceramic the or peel and stick vinyl floor tiles. A wall heater was observed, with no thermal system insulation noted. Rolled fiberglass insulation was observed within the attic. Garage/Apartment Structure- • The garage includes two separate garage areas, a laundry room and a three bedroom apartment, all built on a concrete slab foundation. • Exterior walls are stucco. • Roofing is composite shingles over felt, with black mastic used to seal penetrations. • Windows were observed to be newer metal. • Interior finishes consist of drywall walls and ceilings. Flooring consists of concrete in the garage and laundry areas. Carpet over concrete is located in the rear bedrooms, with ceramic tile in the laundry/bathroom and stone pavers throughout the remainder of the apartment. • A newer heating ventilation air conditioning unit is located within the attic, along with flex ducting and rolled fiberglass insulation. No thermal system insulation was noted. Suspect Materials: After visual inspections of building materials were completed, the following suspect asbestos materials were noted and sampled as part of our survey: Main House - • Vinyl Sheet Flooring — Beige (Kitchen, under peel and stick tiles and wood) • Vinyl Sheet Flooring — Off White (Service Porch) • Vinyl Floor Tile — 12" Green/White (Back Porch) • Drywall /Joint Compound — Throughout • Exterior Transite Panels — South Side of House • Exterior Window Putty — South Side Windows • Roofing Layers Penetration Mastic — Roof Penetrations Patching Mastic - Roof Garage /Apartment - • Drywall /Joint Compound • Exterior Stucco Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 121 Forbess Consulting Group, Inc August 30, 2010 • Roofing Layers • Penetration Mastic 4.0 Asbestos Bulk/Surface Sampling Asbestos Survey Report 1083 Walnut Canyon Drive Moorpark, CA On August 12, 2010, FCG collected 36 bulk samples from suspect asbestos containing building materials at the subject property. All samples were forwarded to Forensic Analytical, a certified asbestos laboratory located in Rancho Dominguez, California. Samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. This section outlines the methodologies for bulk/surface sampling. The results of the bulk/surface sampling events are included in Table 1 below. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are placed directly beneath each sample location to collect any material that may become dislodged. Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). Polarized light microscopy (PLM) methods were used to determine asbestos fiber concentrations in bulk building material samples. PLM is applicable for the analysis of building survey submissions and other bulk materials. Bulk Sampling Results: The table below provides a summary of all analytical data from collected samples. Please refer to the attachment section for complete laboratory analytical results. Table 1: Asbestos Samole Results —1083 Walnut Canvon Road 122 Kitchen Sheet Flooring = ND 1 -3 VSF Beige (under peel & stick tiles Fibrous Backing = ND and wood ) Tan Mastic = ND Service Porch and Sheet Flooring = ND 4 -6 VSF Off White Service Porch Fibrous Backing = ND - Bathroom Tan Mastic = ND Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 3 122 Forbess Consulting Group, Inc Asbestos Survey Report August 30, 2010 1083 Walnut Canyon Drive Moorpark, CA Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., use of grinder, buffer, radial saw, etc.). • Class I materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class 11 materials are defined as asbestos which is not TSI or surfacing material. This includes, but is not limited to, wallboard, floor tiles, sheet flooring, roofing materials, exterior siding, and various construction mastics. • Trace ( <1 %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1% asbestos. The State of California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1% asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1% of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 4 123 VFT 12" Tile = ND 7 -9 Green, White Back Porch Fibrous Backing = ND Tan Mastic = ND Drywall /Joint Throughout Interior Drywall = ND White Skimcoat = ND Non Friable, 10 -12 Compound Walls and Ceilings Tan Skimcoat = 2% Class II Material ( -3,000 ft2) Com osite of all layers = <1% 13 -15 Exterior Transite South Side of House Transite Panels = 15% Non - Friable, Panels (-200 ft2) Class II Material 16 -18 Exterior Window South Side Windows Off White Putty = ND Beige Putty = Trace ( <1 %) Non - Friable, Putty (-20 If) Lt. Beige Putty = ND Class II Material 19 -21 Roofing Layers Pitched Roof and Tars & Felts = ND -- Rolled Addition Roof Tar #1 = 3% Non - Friable, 22 -23 Penetration Mastic (_8 ft2) Tar #2 = ND Class li Material 24 Patching Mastic Roof Black Tar = ND -- 25 -27 Drywall /Joint Garage #1, Apartment Drywall = ND Skimcoat/Jt. Compound = ND Compound Kitchen and Garage #2 Paint = ND 28 -30 Exterior Stucco Exterior Walls Stucco = ND - 31-33 Roofing Layers Roof Tars & Felts = ND -- 28-30 Penetration Mastic Roof Vent and Black Tar = ND - Roof Pipe All asbestos detected is chrysotile type unless otherwise noted. Notes on Table and Assessment Terms • Friable is a material which when dry, may crumble, pulverize or be reduced to powder by hand pressure, adding to its ability to become airborne. Conversely, non - friable materials are stable and typically will not become airborne without disturbance by mechanical means (i.e., use of grinder, buffer, radial saw, etc.). • Class I materials are defined as friable asbestos materials, including thermal systems insulation (TSI) and surfacing materials (i.e., spray - applied coatings, textured ceilings, etc.). • Class 11 materials are defined as asbestos which is not TSI or surfacing material. This includes, but is not limited to, wallboard, floor tiles, sheet flooring, roofing materials, exterior siding, and various construction mastics. • Trace ( <1 %) Asbestos: Federal and State regulations define an asbestos containing material (ACM) as any compound with greater than 1% asbestos. The State of California further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1% asbestos by weight. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1% of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 4 123 Forbess Consulting Group, Inc Asbestos Survey Report August 30, 2010 1083 Walnut Canyon Drive Moorpark, CA 5.0 Inventory of Asbestos Containing Materials (ACM): The following asbestos containing materials were identified as a result of our survey of the subject site: Main House Drywall Joint Compound. This material is located within the Main House, and found to contain 2% chrysotile asbestos. It is classified as a non - friable, Class II material. No asbestos was detected in associated white skimcoat and drywall within these areas, with the composite of all layers estimated at <1%. Main House Exterior Transite Panels: These panels are located on the south side of the Main House (approximately 200 sq. ft) and were found to contain 15% chrysotile asbestos. These are classified as non - friable, Class II materials. Main House Penetration Mastic: This material located on the roof to seal penetrations of the Main House, was found to contain 2% chrysotile asbestos. It is classified as a non - friable, Class II material. The following suspect material was sampled as part of our survey, and found to contain a trace ( <1 %) of asbestos: Main House Window Putty: This material is located on the exterior windows on the south side of the Main House. This is considered a non - friable, Class II material. Window putty must be treated as an asbestos containing material unless further analysis by more quantitative methods such as "Point Count' or transmission electron microscopy (TEM) are utilized to quantify the actual concentration of asbestos in "trace" PLM sample results. 6.0 Conclusions & Recommendations An asbestos survey at the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: A limited number of building materials were detected with concentrations of asbestos greater than 1% that must be removed or disturbed only by trained asbestos contracting personnel as part of demolition activities. These materials include the following: • Drywall Joint Compound (tan) within the Main House. • Transite Panels on the south exterior of the Main House. • Penetration Mastic on the roof of the Main House. • The following material contains a trace or less than 1 % asbestos and must be managed as asbestos containing unless additional testing by more quantitative methods (point count or TEM) to determine the actual concentration of asbestos: o Window Putty on exterior windows on the south side of the Main House. Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 5 124 Forbess Consulting Group, Inc August 30, 2010 Asbestos Survey Report 1083 Walnut Canyon Drive Moorpark, CA Asbestos Recommendations: The following recommendations are provided for your consideration: • For purposes of removing windows with asbestos containing putty, the entire window could be removed or sealed with plastic sheeting to prevent disturbance during the removal process. • According to federal and state regulations, walls which contain small amounts of asbestos containing joint compound may be treated as a "wall system" for purposes of removal or demolition. This allows the contractor to composite all layers for purposes of determining the total asbestos content of the entire wall. Drywall and plaster materials containing less than 1% asbestos may be demolished in place by trained personnel using appropriate controls to prevent fiber emissions. Waste drywall may be disposed of as non - hazardous waste. We recommend that the contractor contact the Air Pollution Control District (APCD) for further information. • For purposes of removing mastic at roofing penetrations, the area can be cut out and removed in its entirety to prevent disturbance during the removal process. • Transite panels must be removed in their entirety prior to demolition by trained asbestos contractors. The panels should be properly disposed as asbestos containing waste in accordance with local, state and federal requirements. • All asbestos waste must be disposed in accordance with local, state and federal requirements. • See the general requirements section below for more details regarding asbestos removal and handling requirements. • If suspect materials are encountered which have not been assessed as part of this survey, all work should be halted immediately upon discovery and the work area isolated until further testing or assessment can be conducted to determine the appropriate response actions. General Asbestos Recommendations: The following recommendations are provided for your consideration prior to renovation activities: 1. Asbestos containing materials must generally be removed prior to demolition or other disturbances, which might result in asbestos fiber emissions. However, it may be possible to leave non - friable asbestos in place during demolition with proper approvals. We recommend contacting the local Air Pollution Control District (APCD) for more information. 2. All identified ACM must be disturbed only by properly trained, licensed asbestos abatement contractors using appropriate controls to prevent fiber emissions during the removal process. This may include the use of wet methods (water mist), HEPA filtration, negative pressure containments or other engineering controls designed to keep dust and fibers from being dispersed. 3. Workers performing asbestos removal should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration, protective suits, and similar personal protective equipment in accordance with federal and state regulations. 4. Asbestos containing waste materials must be properly contained by double- bagging and /or burrito - wrapping, with appropriate labels identifying the waste as asbestos containing. All waste must be transported for off site disposal at a permitted disposal facility. Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 6 125 Forbess Consulting Group, Inc August 30, 2010 Asbestos Survey Report 1083 Walnut Canyon Drive Moorpark, CA 5. We recommend that all asbestos abatement work be monitored by a Certified Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the supervision of a CAC. This should include area monitoring and final air clearance testing upon conclusion of field work to ensure all abated areas are within the EPA's recommended clearance level of 0.01 fibers per cubic centimeter. Please contact FCG at (805) 646 -1995 for a cost estimate to provide these services. 6. The local enforcement agency for asbestos removal projects is the Ventura County Air Pollution Control District (VCAPCD). They require notification for removal of friable, asbestos containing materials in quantities which exceed 100 square feet. They should not require notification and payment of fees for non - friable removal projects. Regardless of the type of asbestos and the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required notifications for APCD review. The local Building Department may also require notification and survey information prior to issuing a demolition permit. We recommend that you contact the APCD and local Building Departments directly for further information regarding permitting and regulatory requirements. 7. The contractor conducting abatement work is responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. Proper removal techniques must be followed to prevent the dissemination of asbestos fibers. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at (805) 646 -1995. Moorpark Redev Agency -21, 1083 Walnut Cyn Rd, Asb Survey 7 126 Forbess Consulting Group, Inc August 30, 2010 Limitations Statement Asbestos Survey Report 1083 Walnut Canyon Drive Moorpark, CA The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at (805) 646- 1995. Forbess Consulting Group, Inc. Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant #94 -1549 Attachment: Forensic Analytical Laboratory Report Moorpark Redev Agency -21, 1083 Walnut Cyn Rd., Asb Survey 0 127 Attachments Laboratory Analytical Results Bulk Sample Logs /Chain of Custody 128 Forensic Analytical Laboratories Bulk Asbestos Analysis (EPA Method 600/R -93 -116, Visual Area Estimation) Forbess Consulting Group, Inc. Alan Forbess 1009 Mercer Avenue Ojai, CA 93023 Final Report Client ID: 7238 Report Number: B138816 Date Received: 08/16/10 Date Analyzed: 08/16/10 Date Printed: 08/16/10 First Reported: 08/16/10 Job ID /Site: Moorpark Red Agency -22, - 1083 Walnut Canyon Dr., Moorpark, CA FALI Job ID: 7238 Date(s) Collected: 08/12/2010 Total Samples Submitted: 36 Total Samples Analyzed: 36 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50589968 Layer: Tan Sheet Flooring ND Layer: Fibrous Backing ND 2 50589969 Layer: Clear Mastic with Debris ND Layer: Tan Sheet Flooring ND Layer: Fibrous Backing ND Layer: Tan Mastic ND 3 Layer: Tan Sheet Flooring Layer: Fibrous Backing 50589970 1 4 50589971 Layer: Tan Sheet Flooring ND Layer: Fibrous Backing ND Layer: Tan Mastic ND 5 Layer: Tan Sheet Flooring Layer: Fibrous Backing Layer: Tan Mastic 50589972 I 1 of 5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 129 Report Number: B138816 Client Name: Forbess Consulting Group, Inc. Date Printed: 08/16/10 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 6 50589973 Layer: Tan Sheet Flooring ND Layer: Fibrous Backing ND 7 50589974 Layer: Light Green Tile Layer: Tan Mastic Laver: Beige Fibrous Material ND ND ND 8 50589975 Layer: Off -White Tile ND Layer: Tan Mastic ND Layer: Beige Fibrous Material ND 9 Layer: Off-White Tile Layer: Tan Mastic Laver: Beige Fibrous Material 10 Layer: White Drywall Layer: White Skimcoat/Joint Compound Laver: Paint 50589976 50589977 1 1 1 11 1 11 50589978 Layer: White Drywall ND Layer: Tan Skimcoat/Joint Compound Chrysotile 2% Layer: Paint ND 12 50589979 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND 2 of 5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 130 3 of 5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 131 Report Number: B138816 Client Name: Forbess Consulting Group, Inc. Date Printed: 08/16/10 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 13 50589980 Layer: Grey Semi - Fibrous Material Chrysotile 15% 14 50589981 Layer: Grey Semi - Fibrous Material Chrysotile 15 % 15 50589982 Layer: Grey Semi - Fibrous Material Chrysotile 15% 16 50589983 Layer: Off-White Putty ND 17 50589984 Layer: Beige Putty Chrysotile Trace 18 50589985 Layer: Light Beige Putty ND 19 50589986 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 20 50589987 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 21 50589988 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 3 of 5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 131 Client Name: Forbess Consulting Group, Inc. Report Number: B138816 Date Printed: 08/16/10 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 22 50589989 Layer: Black Semi - Fibrous Tar 1 Chrysotile 3% Layer: Black Semi - Fibrous Tar 2 ND 23 50589990 24 50589991 Layer: Black Semi - Fibrous Tar ND 25 50589992 Layer: White Drywall Layer: Off-White Skimcoat/Joint Compound Layer: Paint 26 50589993 Layer: White Drywall Layer: Off-White Skimcoat/Joint Compound Laver: Paint �1 1 1 I 11 / 27 50589994 Layer: White Drywall ND Layer: Off-White Skimcoat/Joint Compound ND Layer: Paint ND 28 50589995 Layer: Grey Cementitious Material 29 50589996 0 30 50589997 Layer: Grey Cementitious Material ND 4of5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 132 Client Name: Forbess Consulting Group, Inc. Report Number: B138816 Date Printed: 08/16/10 Asbestos Percentin Asbestos Percentin Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 31 50589998 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 32 50589999 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 33 50590000 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 34 Black Semi - Fibrous Tar 50590001 35 50590002 Layer: Black Semi - Fibrous Tar ND 36 50590003 Layer: Black Semi - Fibrous Tar 0 'tAL u;"�4 Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1 %. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' ='None Detected'. Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALL) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALL. The client is solely responsible for the use and interpretation of test results and reports requested from FALL. Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials analyzed. FALI reserves the right to dispose ofall samples after a period ofthirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 5of5 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 /Telephone: (310) 763 -2374 (888) 813-9417/Fax: (310) 763 -8684 133 InForensic Analytical Laboratories, Inc. Analysis Request Form (COC) Client No.: 7238 PO / lob#: Date: A a s R lid kf'o - 464- L /.,.o Forbes Consulting Group, Inc. (FCG) Turn Around Time me Da I Day 202y / 3D4 4402y I SDay 1 D09 Mercer Avenue P Ill PCM: In NIOSH 7400A 1101 NIOSH 74008 I'7 Rotnmerer Ojai, CA 93023 (�PLM-J2Mlandard / n Pan Counti400: 1000 10 CARS 435 Contact: Alan FOrb@SS, President ill TEM Air: In AHfRA / 0 YarnAe2 ! Id NIOSIi 7402 (0 TEM Bulk: Ill Quantitative / 13 Qualitative / M Chatlield ID TEM Water: Ell Potable / I7 Non - Potable / a Weight % Phone: -..._ Fax: (805) 646 19Q5 ( 805) 669 -3538 18 TEM Microvac: 13 Qual(4) / O D5755{stdarea) DS7561sn' /mass) E -mail' aforbess@paebol.net !O IAQ Particle kientification (PLM LAB) n PLM Opaqurs/Soot I❑ Pa(tiCIC Identification (TEM LAB) A Special Project site: 0 Metals Analysis: Mclhod: p 3 T Site Location: CA . Analyles: Comments: Report Via: I7 Fax D E -Mail O Verbal FoR AIR SAMPLES ONLY Sample Sample ID at e/ Sample Location ! Description Area / Time Avg. Total Type Of" LPM Time Volume . I P �._. A i P -- - C - Sf i'T Grp LOGS `�`P _....._ -- c — A P I1' --- . -. -. -- tv _ 'A C :A I-- ._..... -- rC 'P — 'C ' �C -- -- `C Sampled by' /�i4 �/G G t�'/Z Date. �d v Time: Shipped via: O Fed Ex In DHL 13 UPS d US Mail n Courier O Drop Off O Other-. Rdirpu y Relinquished By: Relinquished ey: Date / Time: ell- 1 z O ` Date /Time: Date / Time. -- ZKeived By: t / Received By: Received By: Date /Time: J1 C) iJh^� r Pate l T. Date l Time: Condition Ace t Yes 0 No I Condition abler O Yes O No I Condition Acceptable? 0 Yes Q No San Francesco Offi= 3777 Depot Road, Suitc 409, Hayward, California 94S4S -2761 / Ph: (510)887-8828 • (800)827 -3274 / Fax: (SI01887 -4218 Las Angeles Office: 7959 Pacific Commerce Drive, Raricho Dominguez, California 90221 / Ph. (310)763-2374 • (888)813-94171 Fax: (310)763 -8684 tas Vegas Office: 6765 S Eastern Avenue, Suite 3, Lao Vegas, Nevada 891 19/ Ph: (702)784 -0040 /fax. (7021784-0030 134 Forbess Consulting Group Inc. Asbestos Bulk Sampling Field Log Date; 3711-e716 Client• Sits: oy 3 A. Wo Project: /flw e^e 2f ZZ Ina to a : �� •�►�c c art Area /Unit: Friable Friability Codes: N= Non - friable; F= Friable Cond. Condition Codes: G =Good; F =Fair; P =Poor NA =Not Analyzed N D= Detected N= Negative w Ul VSr !3Z G£ rrc uuoEVA c Sncic RMO WOOD 3 L SF - 6 fiz tJ 14,T, sfou, Et Pie-Lt-i i0 SF tJ v SZ,Qdi G i VPr 12 " ef4rJ ge4 c K Poe a ra s r N A2 e, L diAf P• 14 POaG/a 3doo w Ul Forbess Consulting Group inc. Asbestos Bulk Sampling Field Log Date: 8 Client: oo ejow-ryc s'9'tfa.c US: l 15 Im 4 1 Noy vwJ IeA• Project: 12AO. Ad&c .0 Inspector(s): Fez,-e- Area/Unit: Mn-,N i ouf - Fnable: Friability Codes: N=Non•tnable; F= Friable Card: Condition Codes: G =Good; F =Fair; P =Poor NA =Not Analyzed N D =Detected N =Negative W rn / ? TngwSiT£ Alfif I ScwT'14 SI d [ a F / -k ov 20 u $r N r ly /S- 6 £+rr w rN o p �.► P, Tr $ e J l t? S !� w 2° L �► N 1 �7 / S, 11 Z D f1Dd,& -C O ROOT o ni -2 Z3 N MA-5 -T L W rn Forbess Consulting Group_ Inc. Asbestos Bulk Sampling Field Log Date: 41 L , o Clio ntev ae ^i r Site: f 3 w�a Neer G Pro ect• . e/l.a/?� � f/,� E � _ Z Inspector(s): fl,e-e, 1 "Ix L c/1 Area /Unit: 1.4e-r-. Friable. Friability Codes: N= Non- ftiabie; F= Friable Cond: Condition Codes: G =Good: F =Fair; P =Poor NA= Not Analyzed ND= Detected N=N egative W 8 e Location Am tai A& z�' 0,2w/� -�� So �►r Ce G,�Mr�G -£ ydoa 5�, N r z A PT- K 1 ►� t'N 2S c7c r s ,'u c c o £x ;- . L- Q-�S 2 V %3 Q s N 2 � f 30 3Z 3� 2 <4 or ✓tAjr Sic- - -- W Environmental Consulting Services asbestos • mold • lead • property assessment forbess consulting group, inc. January 28, 2011 Ms. Jessica Sandifer Assistant City Manager's Office City of Moorpark, Redevelopment Agency 799 Moorpark Avenue Moorpark, CA 93021 Subject: Pre - Demolition Asbestos Survey 112 1 sc Street Moorpark, CA FCG Project Code: Moorpark Red. Agency -22 Dear Ms. Sandifer: Per your request, Forbess Consulting Group (FCG) performed a pre - demolition asbestos survey of four structures located at 112 1st Street in Moorpark, California. All field testing was performed by William Miller, a CA Certified Site Surveillance Technician (CSST #07- 4160), under the supervision of Alan Forbess, a CA Certified Asbestos Consultant ( #94- 1549). 1.0 Background The subject property includes a main house of approximately 1,000 square feet, and two smaller structures, all of which were reportedly built in the late 1920's or early 1930's. A detached shed building of approximately 60 square feet is located west of the other three buildings. All structures are scheduled to be demolished as part of site redevelopment activities. FCG was asked to perform an asbestos survey to identify asbestos containing materials (ACM) within the project site so that these materials can be properly abated or mitigated in accordance with federal, state and local regulations prior to demolition activities. 2.0 Scope of Work The asbestos survey included the following components: A visual inspection of building materials and components was conducted to identify suspect asbestos containing materials. Sulk samples were collected from suspect asbestos containing materials for submittal to a qualified laboratory for analysis. All bulk samples were analyzed by Forensic Analytical, a state - certified laboratory located in Rancho Dominguez, CA. Please see the attached laboratory analytical data for more information. All field observations, laboratory analytical data and other findings have been evaluated, with this written report summarizing our findings and providing recommendations as necessary. 1009 Mercer Avenue Ojai, CA 93023 tel: 805.646.1995 fax: 805.640.1650 138 Forbess Consulting Group, Inc January 28, 2011 3.0 Visual Observations Pre - Demolition Asbestos Survey 112 1 st Street Moorpark, CA Front Building The front building is wood - framed construction on a raised foundation, with plaster interior walls, plaster or drywall ceilings, wood subflooring and metal windows. Exterior walls are stucco surfaced. No TSI (thermal systems insulation) was noted on hot water piping or air ducting or HVAC systems. Middle Building The middle building is wood - framed construction on a concrete slab foundation, with drywall interior walls and ceilings, carpet or vinyl sheet flooring, metal windows and wood siding exterior. No thermal system insulation was noted, however, there was no access to the attic so we were not able to inspect these areas. Rear Building The rear building is wood - framed construction on a partial concrete slab and raised foundation, with wood interior walls and drywall ceilings, carpet, vinyl sheet flooring or flooring tiles, wood windows and wood exterior siding. Suspect putty /glazing compounds were noted in the exterior window panes. No thermal systems insulation (TSI) materials were noted. All three buildings have pitched roofs with composite shingles. Suspect Materials: After a visual inspection of the subject site structures was completed, the following suspect asbestos materials were noted, with bulk samples collected as appropriate to determine asbestos content. See Section 4.0 below for sample results: • Roofing materials (shingles, felts, tars) — All four structures • Penetration mastics — Three main structures • 9" vinyl floor tiles (tan /brown) and black mastics — Front building laundry • Interior plaster — Front building • Interior drywall — Front building • Exterior stucco — Front building • Vinyl sheet flooring (green) — Middle building, bedroom and hallway • 12" vinyl floor tile (off- white) and tan mastic — Middle building, living room • Drywall /joint compound — Middle building Vinyl sheet flooring (beige) — Rear building, front bedroom • 9" vinyl floor tile (brown) and black mastic — Rear building, bedroom and living room • Vinyl sheet flooring (white) — Rear building, bathroom 12" vinyl floor tiles (grey over green) with associated mastics — Rear building, kitchen • Drywall /joint compound — Rear building • Exterior window putty — Rear building Transite (asbestos- cement) pipe (5' exhaust pipe from laundry closet), Front building 4.0 Asbestos Bulk Sampling Results On December 29, 2010, FCG collected 52 bulk samples from suspect asbestos containing materials noted at the subject property structures. The samples were collected and forwarded for analysis to Forensic Analytical, a certified asbestos laboratory located in Rancho Moorpark Red. Agency -22, 112 1st St., Asb Survey Rpt.doc2 139 Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey January 28, 2011 112 15r Street Moorpark, CA Dominguez, CA. Please see the attached laboratory analytical reports for more detailed information. Asbestos Sample Collection: Once the inspector has identified a suspect material, an optimal area was selected to collect a bulk sample. Upon collecting the bulk sample, the inspector places the sample in a sealed sample container and plots the sample location on a site plan. Each sample is documented by labeling the container with a unique identification number, entering the sample data onto a bulk sample log, and storing the sample in a secure location. Throughout the process, special care is taken to prevent cross - contamination of the collected samples. Sampling equipment is cleaned prior to taking each sample and sample bags are placed directly beneath each sample location to collect any material that may become dislodged. Once the sample containers have been collected and logged, chain -of- custody forms are completed and the samples are transferred by a commercial delivery service to an asbestos certified lab for analysis. Bulk sample analysis is completed by a qualified laboratory in compliance with all current EPA, State and NIOSH regulations. Laboratory Analytical Methodology: The samples were forwarded to Forensic Analytical, a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the State of California Department of Health Services, and the American Industrial Hygiene Association (AIHA). All samples were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600/R -93 -116, Visual Area Estimation. Additional sampling of exterior stucco taken from the main building and the laundry/maintenance building was conducted using Point Count methodology to quantify the actual concentration of asbestos. PLM is applicable for the analysis of building survey submissions and other bulk materials. Please refer to the attachment section for a copy of the laboratory analytical report. 4.1 Summary of Asbestos Containing Materials (ACM): The following is a summary of building materials testing positive for asbestos at concentrations at 1 % or greater, or those materials which were not sampled but are defined as presumed asbestos containing material (PACM) based on knowledge and experience of the inspector. Please see the attached lab data, bulk sample logs and plot plans for more details: Roofing Penetration Mastics (3% chrysotile). This is a Category I, non - friable material used to seal around roofing penetrations (vents, pipes, conduits, etc.) found on the front, middle and rear buildings. The total volume of this material for all 3 buildings is estimated at approximately 15 square feet. 9" Vinyl Floor Tiles (3% chrysotile). This is a Category I, non - friable material located in the laundry room of the front building, with approximately 60 square feet of tan /brown tiles testing positive. The underlying mastics tested negative. Green Sheet Flooring over Brown Tile (70% in fibrous backing and "Trace" chrysotile) underlying. The green sheet flooring located in the middle bedroom and hallway of the middle building tested positive for asbestos, with 70% chrysotile found in the fibrous backing of the sheet flooring. This material is considered a friable, regulated asbestos containing material (RACM). The sheet flooring is located over a brown floor tile which contains a "trace" or <1% asbestos. The underlying tile is considered a Moorpark Red. Agency -22, 112 1 st St., Asb Survey Rpt.doc 3 e Forbess Consulting Group, Inc January 28, 2011 Pre - Demolition Asbestos Survey 112 1" Street Moorpark, CA Category I, non - friable material. The quantity of the tile and sheet flooring is estimated at 140 square feet total. Off -White Floor Tile (2% chrysotile). This is a Category I, non - friable material located in the living room of the middle building, with an estimated quantity of 300 square feet. No asbestos was detected in the underlying tan mastic. Green Floor Tile (2% chrysotile). This is a Category I, non - friable material located in the kitchen of the rear building, with an estimated quantity of 100 square feet. No asbestos was detected in the associated grey or tan tiles or underlying mastics. Transite (Asbestos- Cement) Pipe. This material was not sampled and is considered a PACK The pipe is located in the attic above the laundry room of the front building, with an estimated quantity of 5 linear feet. Materials Testing with a "Trace" of Asbestos: These materials must be treated as asbestos containing unless more quantitative methods such as Point Count or TEM are utilized to determine the actual amount of asbestos present. The following materials were tested and showed a "trace" or <1 % asbestos: • Brown Vinyl Floor Tiles. This is a Category I, non - friable material located in the middle bedroom and living room of the rear building, with an estimated 300 square feet. No asbestos was detected in the associated red floor the and underlying mastics. Materials Testing Negative for Asbestos: The following materials were tested and showed no detectable asbestos from the standard PLM sample analysis: • Roofing layers — All structures • Interior plaster — Front building • Interior drywall — Front building • Exterior stucco — Front building • Drywall /joint compound — Middle building • Vinyl sheet flooring (beige) — Rear building front bedroom • 9" vinyl floor the (brown) — Rear building middle bedroom and living room • Vinyl sheet flooring (white) — Rear building bathroom • Drywall /joint compound — Rear building • Exterior window putty — Rear building Asbestos Definitions and Assessment Terms • Asbestos containing material (ACM): Federal and County APCD regulations define ACM as any material or product that contains more than 1 % asbestos. State regulations define ACM as any material with greater than 0.1 % asbestos by weight. • Asbestos renovation: Defined by NESHAPS as the removal of more than 160 square feet or 260 linear feet of ACM. • Friable ACM: any ACM that when dry can be crumbled, pulverized, or reduced to powder by normal hand pressure. • Non - friable ACM: any ACM that cannot be reduced to powder by normal hand pressure. • Category I non - friable ACM: asbestos - containing packings, gaskets, resilient floor covering, and asphalt roofing products (typically pliable materials, including resilient flooring, roofing, and various sealants and mastics). Moorpark Red. Agency -22, 112 1 st St., Asb Survey Rpt.doc 4 141 Forbess Consulting Group, Inc January 28, 2011 Pre - Demolition Asbestos Survey 112 1 st Street Moorpark, CA Category II non - friable ACM: any other ACM that when dry cannot be reduced to powder by hand pressure (typically non - pliable /cementitious materials such as stucco, plaster, drywall joint compound, transite piping or panels, ) Regulated Asbestos Containing Material (RACM): any friable ACM that will be removed during a renovation of a regulated structure. This typically includes all asbestos containing surfacing materials (i.e., spray - applied acoustical ceilings, decorative wall textures, etc.) or Thermal Systems Insulation (TSI) such as hot water pipe insulation, boiler wraps or jacketing, HVAC duct wrap, etc.). ACM that will become friable due to the removal technique is also regulated, such as using buffers or grinders to remove non - friable mastic from concrete flooring or removal of linoleum flooring with asbestos backing. Linoleum is considered Category II ACM while managed in place, but removal always renders it friable. Presumed Asbestos Containing Materials (PACM): This designation is for those materials which are normally asbestos containing but were not sampled due to access issues or potential for irreparable damage. This typically includes transite (asbestos cement) piping or sheeting, or HVAC insulation materials in walls, under floors, etc. where destructive testing is not recommended. Regulations allow asbestos inspectors to "presume" that these materials contain asbestos without laboratory data based on the inspector's experience and knowledge of building materials. Trace (<1%) Asbestos: Federal and local APCD regulations define an asbestos containing material (ACM) as any compound with greater than 1 % asbestos. The State of California through Cal -OSHA regulation further defines an asbestos containing material as any compound which meets or exceeds a concentration of 0.1 % asbestos by weight. This definition is primarily for worker and occupant protection during disturbance work. The polarized light microscopy (PLM) method does not quantify the concentration asbestos in bulk samples at levels of less than 1 %. Furthermore, PLM methodology will include all fibers with a similar aspect ratio (3:1) to asbestos fibers, and therefore may count non - asbestos fibers as part of the overall total. PLM analytical methods must report a "trace" amount where fibers are noted in concentrations of less than 1 % of the total. Further analysis by more quantitative methods such as "Point Count" or transmission electron microscopy (TEM) are required to quantify the actual concentration of asbestos in "trace" PLM sample results. 5.0 Conclusions & Recommendations Conclusions: An asbestos survey of the subject site has been completed. Based on our visual observations and our evaluation of analytical data, we conclude the following: • Asbestos containing materials were identified at the subject site as follows: • Roofing Penetration Mastics (front, middle and rear buildings). • 9" Tan /Brown vinyl floor tiles (laundry room of the front building). • Green Sheet Flooring and underlying brown the (middle bedroom and hallway of the middle building). • Off -white floor tile (living room of the middle building). • Green floor tile (kitchen of the rear building). o Transite pipe (attic above laundry room in front building). This is a `PACM" which was not sampled and must be managed as ACM. Moorpark Red. Agency -22, 112 1st St., Asb Survey Rpt.doc 5 142 Forbess Consulting Group, Inc Pre - Demolition Asbestos Survey January 28, 2011 112 15' Street Moorpark, CA o Brown vinyl floor tiles (middle bedroom and living room of the rear building). This is a `trace" material with <1% asbestos which must be treated as ACM unless more quantitative testing is conducted. • Please see the attached asbestos laboratory data for supporting documentation. This includes bulk sampling log sheets for the location of suspect materials. Recommendations 1. Identified ACM must be disturbed or removed only by properly trained and licensed asbestos contractors using appropriate controls to prevent fiber emissions during the removal or disturbance process. If not disturbed by the proposed renovation work, ACM can be managed in place using proper protective measures. 2. Asbestos controls may include the use of negative air containment, HEPA filtration, wet methods (water mist) and other engineering controls to keep dust and fibers from being dispersed. 3. Workers performing removal or disturbance should be properly protected to prevent exposure, including the use of respiratory protection with HEPA filtration. 4. Regulated Asbestos Containing Materials (RACM) were noted in the form of friable asbestos that must be reported as part of APCD notification and removed using proper containment methods. The following materials meet the definition of RACK • Green vinyl sheet flooring with fibrous backing located in the middle bedroom and hallway of the middle building, with estimated quantity of 140 sq. ft. 5. Asbestos containing waste materials should be properly contained, bagged and transported for off site disposal at a permitted disposal facility. Friable asbestos waste is considered hazardous waste for purposes of disposal and must be double- bagged, labeled and transported under proper manifest to a permitted landfill. Non - friable asbestos is typically non - hazardous as long as it remains largely intact and will not be pulverized or crushed into a power or dust. Non - friable asbestos can typically be disposed to a local landfill with proper approvals. 6. The local enforcement agency for asbestos removal projects in this area is the Ventura County Air Pollution Control District (APCD). They require notification for removal of friable, regulated asbestos containing materials in quantities which exceed 100 square feet. Regardless of the quantities found, we recommend that that this survey report be submitted as a courtesy along with any required notifications for their review. They also require notification for all demolition projects, including projects where a load - bearing wall is removed. We recommend that you contact the APCD directly for further information regarding permitting and regulatory requirements. 7. The contractors conducting abatement work are responsible for complying with local, state and federal standards for worker protection and NESHAPS regulations regarding asbestos fiber emissions. 8. Notification and permitting is typically the responsibility of the abatement contractor and /or property owner. If you would like assistance regarding these matters or would like the names of qualified contractors in your area, please feel free to contact FCG at (805) 646 -1995. 9. As our survey was limited to readily accessible areas, there is always potential that suspect materials located inside walls, under floors, above hard lid ceilings or other materials previously unidentified could be discovered during site renovation work. If suspect materials are found during site work, the area should be isolated and any suspect materials tested to confirm or deny the presence of asbestos. Moorpark Red. Agency -22, 112 1st St., Asb Survey Rpt.doc 6 143 Forbess Consulting Group, Inc January 28, 2011 Pre - Demolition Asbestos Survey 112 1 s` Street Moorpark, CA 10. FCG can provide technical specifications, work plans or similar assistance in obtaining qualified bids from licensed asbestos contractors. FCG can provide project monitoring and clearance testing services as necessary to oversee the asbestos removal process and document the success of the abatement. We recommend conducting ambient air monitoring during renovation work to reduce liability and mitigate potential claims related to asbestos exposure from occupants and patients. Please contact Alan Forbess at (805) 646 -1995 for additional information regarding the enclosed survey information or to request further information or cost estimates for technical specifications, project monitoring or clearance testing services. Moorpark Red. Agency -22, 112 1st St., Asb Survey Rpt.doc 7 144 Forbess Consulting Group, Inc January 28, 2011 Limitations Statement Pre - Demolition Asbestos Survey 112 1 st Street Moorpark, CA The data compiled and evaluated as part of this assessment was limited and may not represent all conditions at the subject site. Asbestos and ACM was widely used until the late 1970's in thousands of building materials (i.e. joint compound, wallboard, thermal system insulation (TSI), acoustical ceiling, roofing material, etc.), making it difficult to locate all areas of ACM usage. This assessment reflects the data collected from the specific locations tested to identify Asbestos Containing Materials (ACM) in those locations and may not be all encompassing. There is always potential for asbestos containing materials to be missed due to problems with accessibility, and the broad variety of uses. The conclusions and recommendations presented within this report are based on current regulations and the professional experience of the certified professionals involved in this project. The data collected during this assessment and any resulting recommendations shall be used only by the client for the site described in this report. Any use or reliance of this report by a third party, including any of its information or recommendations, without the explicit authorization of the client shall be strictly at the risk of the third party. It should not be misconstrued that this assessment has identified any or all environmental conditions at the subject site. FCG makes no representations regarding the accuracy of the enclosed data and will not be held responsible for any incidental or consequential loss or punitive damages including but not limited to, loss of profits or revenues, loss of use of a facility or land, delay in construction or action of regulatory agencies. If you have any questions or concerns regarding the information provided, please do not hesitate to call us at (805) 646 -1995. Forbess Consulting Group, Inc. Prepared by: Alan Forbess, Principal Consultant Certified Asbestos Consultant No. 94 -1549 Attachment: Forensic Analytical Laboratory Report FCG Bulk Sample Field Log Moorpark Red. Agency -22, 112 1st St., Asb Survey Rpt.doc 8 145 Attachments: Asbestos Laboratory Analytical Data Bulk Sample Log Sheets 146 Forensic Analytical Laboratories Final Report Bulk Asbestos Analysis (EPA Method 600/R -93 -116, Visual Area Estimation) Forbess Consulting Group, Inc. Client ID: 7238 Alan Forbess Report Number: B143636 1009 Mercer Avenue Date Received: 01/03/11 Date Analyzed: 01/04/11 Ojai, CA 93023 Date Printed: 01/04/11 First Reported: 01/04/11 Job ID /Site: Moorpark Housing Auth. -22; 112 1st St., Moorpark FALI Job ID: 7238 Total Samples Submitted: 52 Date(s) Collected: 12/29/2010 Total Samples Analyzed: 50 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50621053 Layer: Stones Layer: Black Tars ,1 1 2 50621054 3 Layer: Stones Layer: Black Tars Layer: Black Felts Layer: Stones Layer: Black Tars 50621055 It ND ND 4 50621056 Layer: Stones Layer: Black Tars ND ND 5 50621057 Layer: Stones Layer: Black Tars Laver: Black Felts ND ND ND 1 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 147 Report Number: B143636 Client Name: Forbess Consulting Group, Inc. Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 6 50621058 Layer: Stones ND Layer: Black Tars ND 7 Layer: Stones Layer: Black Tars Layer: Black Felts 50621059 1 1 1 8 50621060 Layer: Stones ND Layer: Black Tars ND Layer: Black Felts ND 9 Layer: Stones Layer: Black Tars Layer: Black Felts 10 Layer: Stones Layer: Black Tars Layer: Black Felts 11 Layer: Stones Layer: Black Tars Layer: Black Felts 50621061 50621062 50621063 ND ND ND ND ND ND 1 I 1 I 1 12 50621064 Layer: Black Tar ND Layer: Black Semi - Fibrous Tar Chrysotile 3% 2 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 148 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 13 50621065 Layer: Black Semi - Fibrous Tar 14 50621066 Layer: Black Semi - Fibrous Tar 1 Q 15 50621067 Layer: Stones Layer: Black Tars Laver: Black Felts 16 50621068 Layer: Light Brown Tile Layer: Black Mastic Laver: Tan Non - Fibrous Material 17 50621069 18 50621070 19 50621071 Layer: Beige Plaster Layer: Off-White Plaster Chrysotile QVI 1 is 3% ND ND 1 20 50621072 Layer: Beige Plaster Layer: Off-White Plaster 1 21 50621073 Layer: Beige Plaster Layer: Off-White Plaster Laver: Paint 3 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 149 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 22 50621074 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND 23 50621075 Layer: Brown Drywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND 24 50621076 Layer: White Drywall Layer: White Skimcoat/Joint Compound Laver: Paint 1 1 1 25 50621077 Layer: Grey Cementitious Material ND Layer: Blue Cementitious Material ND 26 Layer: Grey Cementitious Material Laver: Blue Cementitious Material 50621078 ND ND 27 50621079 Layer: Grey Cementitious Material ND Layer: Blue Cementitious Material ND 28 50621080 Layer: Green Sheet Flooring ND Layer: Fibrous Backing/Blue Mastic Chrysotile 70% Layer: Brown Tile Chrysotile Trace Layer: Black Mastic ND 4 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 150 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 29 50621081 Layer: Green Sheet Flooring ND Layer: Fibrous Backing/Blue Mastic Chrysotile 70% Layer: Brown Tile Chrysotile Trace 30 Layer: Green Sheet Flooring Layer: Fibrous Backing/Blue Mastic Layer: Brown Tile Layer: Black Mastic 50621082 ND Chrysotile 70 % Chrysotile Trace ND 31 50621083 Layer: Off -white Tile Chrysotile 2% Layer: Tan Mastic ND 32 50621084 Layer: Beige Tile ND Layer: Tan Mastic ND 33 Layer: Off -White Tile Laver: Tan Mastic 50621085 34 50621086 Layer: White Drywall Layer: White Skimcoat/Joint Compound Laver: Paint Chrysotile 2% ND ND ND ND 35 50621087 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND 5 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 151 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 36 50621088 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND 37 50621089 Layer: Beige Sheet Flooring ND Layer: Fibrous Backing ND Layer: Beige Mastic ND 38 Layer: Beige Sheet Flooring Layer: Fibrous Backing Layer: Beige Mastic 39 Layer: Beige Sheet Flooring Layer: Fibrous Backing Layer: Beige Mastic 50621090 50621091 1 I ! 1 ,1 1 40 50621092 Layer: Brown Tile Chrysotile Trace Layer: Black Mastic ND 41 Layer: Brown Tile Laver: Black Mastic 50621093 Chrysotile Trace ND 42 50621094 Layer: Red Tile ND Layer: Clear Mastic ND Layer: Brown Tile Chrysotile Trace Layer: Black Mastic ND 6of8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 152 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 43 50621095 Layer: Beige Sheet Flooring ND Layer: Fibrous Backing ND Layer: Tan Mastic ND Layer: White Non - Fibrous Material ND 44 50621096 Layer: Grey Tile ND Layer: Clear Mastic ND Layer: Green Tile Chrysotile 2% Layer: Black Mastic ND 45 Layer: Grey Tile Layer: Clear Mastic Layer: Green Tile Laver: Black Mastic 50621097 ND ND Chrysotile 2% ND 46 Layer: Grey Tile Layer: Clear Mastic Layer: Tan Tile Laver: Clear Mastic 50621098 M 47 Layer: White Drywall Layer: White Skimcoat/Joint Compound Laver: Paint 50621099 to, 48 50621100 Layer: White Drywall ND Layer: White Skimcoat/Joint Compound ND Layer: Paint ND 7of8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 / Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 153 Client Name: Forbess Consulting Group, Inc. Report Number: B143636 Date Printed: 01/04/11 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 49 50621101 Layer: White Drywall Layer: White Skimcoat/Joint Compound ND ND 50 50621102 51 52 Layer: Off-White Putty Layer: Paint Layer: Off -White Putty Layer: Paint . Layer: Off -White Putty 50621103 U1119-4511TH ND ND 1001 Q Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1 %. 'Trace' denotes the presence of asbestos below the LOQ. 'ND' ='None Detected'. Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third parry without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALL The client is solely responsible for the use and interpretation of test results and reports requested from FALL Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials analyzed. FALI reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 8 of 8 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 /Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 154 Forensic Analytical Laboratories, Inc. Analysis Request Form (COC) Client No -: 7238 Forbess Consulting Group, Inc. (FCG) 1009 Mercer Avenue Ojai, CA 93023 PO /lob#: Date: 11#001zoavve– - "� /2 12 7// Turn Around Time: Same Day 1 Day 2Day / 3Day ! 4Day / 59ay 10 PPCCM: D NOSH 7400A / Q NIOSH 74008 O ter Rotome OW–K M5and.rd / Cl Point Coun 400 1000 / Id GARB 435 Contact: Akan Forbess, President R7 TEM Air: t7 AHERA 113 YamNOSH ate2 / rJ NOSH 7402 I1 TEM Bulk: D Quantitative / ❑ Qualitative / Q Chatfield r7 TEM Water. p Potable / IQ Non- Potable / r] Weight % EJ TEM Microvac: 6 Qual( + / -) / ltl 05755(str /area) / 05 D5756(str /mass) Phone. ( 805 ) 646 -1995 Fax: (805) 669 -3538 E -mail: aforbess @paebell.rlet FJ IAQ Particle Identification (PLM LAB) 0 PLM Opaques/Soot 17 Particle Identification (TEM LAB) rp Special Pmjecl Site: S% /� /.4�� 10 Metals Analysis_ Method: Matrix: Site Location. _ Analytes: Comments: p /' ° f T A,94 4-f— xr D'O't~ / 5-7– 4s.77 vE /aS N07rD Report Via: v Fax D E -Mail A Verbal Sample ID Date / Time Sample Location / Description FOR AIR SAMPLES ONLY Sample Area / Air Volume Time Type Or" Avg. LPM Total Time SEA 4r,^ 1 Ur – — – 14 CV L665 A -- A IT C .A � - - -. _. ....... _... '!_A rF C - -- --- f r A r A r Sampled Sy: Dater z 2� /G Time. Shipped Via: Q Fed Ex A DHL A UPS A US Mail ;7 Courier 13 Drop Off rl Other: Relingylr d 8y: � Date !e Time: Z so /u /OG a I Relinquished 8y: Date /Time: Relinquished By: Date /Time: Rec ry / Date %. % t /lJ Co ion Acc able& Yes WNO Received By: Date / Time: Condition Acceptable? 15 Yes 15 No I Received By: Date / Time: Condition Acceptable? 15 Yes i7 No San Francisco Office: 3777 Depot Road, Suite 409, Hayward, California 94545 - ;761 / Ph: (510)887 -8828 • (800)827-3274/ Fax: (510)887-4216 Los Angeles Office: 2959 Pacific Commerce Drive, Rancho Dominguez, California 90221 / Ph: (310)763 -2374 • (888)813 -9417 / Fax: (310)763 -8684 Las Vegas Office: 6765 S. Eastern Avenue, Suite 3, Las Vegas, Nevada 89119 / Ph: (702)784 -0040 / Fax: (702)784-0030 155 Forbess Consu Asbestos Bulk Sampling Field Log Date: / Z z 9 p CIlent: vaoe P,a *- AL N .A. Site: //Z /S;—sr, a P•a �r c- Project: 1110CROAnId -?-'a Ins tors :i /4 l�c £z Area/Unit: Itina Group Inc. Friable: Friability Codes: N= Non - friable; F= Friable Cond: Condition Codes: G =Good; F =Fair; P =Poor NA =Not Analyzed ND-Detected N =Negative Sample a Material Sampled Sample Location Quantky Ana cal Reauhs Friability Condition 1 .2ou1= Ctayci2 S r20 N I I +0 j C- 200( (auu SF N F 2 1ST-Pes. S14 &D LoorJNP. �2 a tv }{-0'1 O / ) 7 ) 5 r Po �I Q E4-e- 3L0 C� STo 4 r Ln a, ..ter/ Forbess Consu Asbestos Bulk Sampling Field Log Date: / 2-/z 9 /o C11ent:1vowQ1,.�*r,e Srte: /Z I-r, J7--. *,1,eeo n1e_ Pro ectvrOvw - Z z ina to s ; c, 4 OeA " E2 Area/Unit: Z 0 S Itinq D Grou Inc. Friable: Friability Codes: N= Non - liable; i = Friable Cond: Condition Codes: G =Good; F =Fair, P =Poor NA =Not Analyzed ND= Detected N= Negative Sample 0 Material Sampled Sample Location Quantity Ana cal Results Fdablift Condition Z PtIz % MW:S 77-1 z Flt o ,v T 3 1.O Cr S S p �Z o o r..4y Cas %1 �/.L 2 S 4 £,p S r N l' / 9 FRaM- i4ovsE o Ste. N � _/7 Srz P T / T-j . f C.--�ST -C2 L c ✓ avC.- fLta c1 M a N Zv �1 i TC -r7 Cr 23 (l e cv-� 4 v26D n-i v, J Forbess Consulting Grou Asbestos Bulk Sampling Field Log Date: / Izf7lo Material Sampled Client: NryP , e- W, W. site: 14(2- S T Sr fve o2 exrj Project: Ins ecto s : i CX 1 £2 i o rI t -J4L.L S Area/Unit: Inc. Friable: Friability Codes: N= Non - friable; F= Friable Cond: Condition Codes: G =Good; F =Fair, P =Poor NA =Not Analyzed ND= Detected N= Negative Sam # Material Sampled Sample Location Quanft Ana cal Results FrIabliq Condition r—y7 -. S -V cc o CX 1 £2 i o rI t -J4L.L S 'j- e K\ F 27 60 EI'ti1 V 5� M�OPL� 6tOG �+trGOt�FDI /YJS� P 2� 3/ I-z `' v r--t-- r�,ovc.t zoo` - L, v ti� Q ej M 3 -j o Sr (V M <ODi..t r3�-a4 IU 3 ' ftl toot- a. Ce 4I V/'vc, -n i +uT C r,. vo1- f c v, N G [Z b o ►ivy TA; , ! v F �Mi OO�.t � £Q2Goh 36 l3%►� o � Ln 00 r� Forbess Consultin Asbestos Bulk Sampling Field Log Date: / Z z 4 /v Client: ,I*v00%o/ r-, e , 4 . Sibs' / 2 ST. sate Project prowt~,A-- tl. d. - 2 z Ins cto 8 : Lt ,iii"" I.Area/Unit V U P S-' a Grou Inc. Friable: Friability Codes. N =Non - friable; F =Friable Cond: Condition Codes: G =Good; F =Fair; P =Poor ,L NA =Not Analyzed ND--Detected N= Negative sample # Material Sampled Sample Location Quantity Analylkal Results Friablli Condition 32 3 +-.D 6 . F2ero-r T3reOQ6vM / ov r,\j S'i't► e ,a 3� IS; Pay. ; p6- - MI 10 I-VED b sF N P L Cr gm. OAF- W7-. ¢ Enr?- J3 i-0 G Z v 5( L VA--7- c- c- G/zE�Vf K►�cH�� /au 5F L/ Ln i S c� Forbess Consulting Asbestos Bulk Sampling Field Log Date: /Z 2 i 7 u Client: Site 11a Project: vv/r P/yt �.� ,alt, 2 -. Inspector(*): / u iG L f2 Area/Unit Group Inc. Friable: Friability Codes: N= Non - liable; F= Friable Cond: Condition Codes: G =Good; F =Fair; P =Poor NA =Not Analyzed ND--Detected N= Negative Sample * Material Sampled Sample Location Quant1tv Ana 1 Resufts FrIablift Condition Oe O�,4IC- /Orb, G4� 12%42 M%-Oc- X131 %OLD ? /C1....n.c 1y F X0 y9 S2- r Dec 30 10 08:17a Dianne Miller 805 6494544 p.7 Forbess Consulting Group Inc. Asbestos Survey Field Log Project: ooR 43-1 , �G G Walls Material /Zou( -' l�4yt2J Roof ro ,.> Site: /12 i1 % S7-, Ceilings HVAC /L ,9 Room: ouF Floors Foundation Suspected ACM Sample # Material /Zou( -' l�4yt2J Color i32ar..� Homogeneous Zone o NT Amount 1 2 vv S� 2 vvF LA-1 toe 1 4a<-14 FR•AJr b+ouSE S P-e U F s/L Row- , fzJ TA -J Gafc� 4 lio r,1ov� E �.�,o,,�L 1,0 SF $70 L) SF y 2udf- c.ay'e/zs G.Rftiv 0i /0 e/ 2 P£ry Ti L �-c 1L j= 2 N ,7 L q C 161 Dec 30 10 08:17a Dianne Miller 805 6494544 P.8 Forbess Consulting Group Inc. Asbestos Survey Field Log Project: /1jvaa*W4 walls PA,+STYIL - ?71 Roof Ca/4p s-H , wo Site: �� 2 /ST Ceilings Pi,r ; £� - HVAC pJ ) A Room: Fe..-r 1fcu5F Floors w o u o So s3 TFoundation J? ^,,s E 0 Sus ected A CM Sample # Material Color Homogeneous Zone Amount 6 vFT g " �,4N ��.� 02 /lA -41 6 a SC= �7 i m: t T A-4-5 w,4- , rX- b C x c x� i 3�3 20 �£ S z IV 0 2 Z � Z PIi R C �ryr �,� : /fir P 0 r--r ul; - . �'1n L l� 60 ✓c L L F, Field Drawing ►v �- �Go� 1 (� ep7 CJ d E2 Sf vGC £�ci G�oco O /g 7 Ja Pre?- OJ f R r< <T' 57, , t 22 4? N wS 162 Dec 30 10 08:18a Dianne Miller 805 6494544 p.9 Forbess Consulting Group Inc, Asbestos Survey Field Log Project: n e2 Pn� r� j4,4. .zZ. Walls P/W Roof C o to P Stf <<voj F site: /r7- ST-. Ceilings Ow HVAC yv SF Room: M, o1; t (3 L D Floors c P i VS F Foundation vti c. SLA43 Suspected ACM Sample # Material Color Homogeneous Zone Amount z dr V SF c- L yv SF Z 30 7t 4- _r/ 12 '' V r— L ." orb S P 3 Z WIT ONO —' Li-C'Fq/V"c ��� S if CPS 4✓ V� Gu ,V(- ' Field Drawing WQUO CYs (" ETC- WirvOQw1 No T S lr tj u A- c- T V `✓ 1 - V 163 Dec 30 10 08:18a Dianne Miller 805 6494544 p.10 Forbess Consulting Group Inc. Asbestos Survey Field Log Project: 4•p . Zz Walls w o v p Roof Amount Site= //2 !s:- S r. Ceilings IN k,4-*,(,- HVAC N / Room: R C(3-IL W-06- Floors VSr 1 vF i C P; Foundation rw-4 -S I?A,s [� Sus ecied ACM Sample # Material Color Homogeneoue Zone Amount 3 t / yZ V wT- -TH 2 o sr /2 1 r 6 Td IV LAW L r , 3-4 O rV r7 7 '' lvu&A/~ T . E./`t k,., r , ►- o w -, S I U C✓ ,i �v p d Field Drawing 37 y? (7 llrf _ 1 L wbuo lcxr VSO 7+' V F ! vsF' U041m 164 i ATTACHMENT 2 RESOLUTION NO. 2011 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ( "AGENCY "), CALIFORNIA, AMENDING THE FISCAL YEAR 2010/2011 BUDGET BY APPROPRIATING $17,703.40 FROM THE MRA LOW /MOD INCOME HOUSING FUND (2901) FOR DEMOLITION OF 1083 WALNUT CANYON ROAD (APN 511 -0- 030 -280) AND 112 FIRST STREET (APN 512- 0- 102 -100) WHEREAS, on June 16, 2010, the Redevelopment Agency of the City of Moorpark adopted the Operating and Capital Improvement budget for Fiscal Year 2010/11; and WHEREAS, a staff report has been presented to the Moorpark Redevelopment Agency recommending hiring Flores- Sierra Contractors, Inc. to demolition the properties located at 1083 Walnut Canyon Road and 112 First Street, and WHEREAS, a budget adjustment in the aggregate amount of $17,703.40 is requested from the MRA Low /Mod Income Housing Fund (2901) for this work; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $17,703.40 from the MRA Low /Mod Income Housing Fund (2901), 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 20th day of April, 2011. Janice S. Parvin, Chair ATTEST: Maureen Benson, Agency Secretary Exhibit A — Budget Amendment 165 EXHIBIT A BUDGET AMENDMENT FOR MRA LOW /MOD INCOME HOUSING FUND (2901) FOR DEMOLITION AT 1083 WALNUT CYN RD AND 112 FIRST ST. 2010/11 FUND ALLOCATION FROM: Fund Account Number Amount MRA Low /Mod Income Housing Fund 2901 2901 -5500 $ 17,703.40 $ 8,851.70 $ 8,851.70 2901.2420.5082.9611 Total $ 8,851.70 $ 17,703.40 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2901.2420.5080.9611 $ - $ 8,851.70 $ 8,851.70 2901.2420.5082.9611 $ - $ 8,851.70 $ 8,851.70 Total $ - $ 17,703.40 $ 17,703.40 Approved as to Form: QS Al-",� 166