HomeMy WebLinkAboutAGENDA REPORT 1994 0817 CC REG ITEM 08M0 5 ..1
ITEM �Q
'ORPARK, CA
AGENDA REPORT CY Cou cif N
CITY OF MOORPARK of �wSl
TO: The Honorable City Council ACTION:4
FROM: Jaime R. Aguilera, Director of Community Developmen'o�
Kathleen Mallory, Associate Planner KVA
DATE: August 10, 1994 (CC meeting of August 17, 1994)
SUBJECT: CONSIDER APPROPRIATION OF $6,493.40 FROM ACCOUNT
01.4.117.642 FOR ASBESTOS REMOVAL, DEMOLITION AND
TEMPORARY WATER UTILITY SERVICE FOR THE HOME AND
ACCESSORY STRUCTURES LOCATED AT 14404 AVENIDA COLONIA
( MOORPARK V. JOHN DOWNS VCSC CASE NO. CIV136492)
A ROLL CALL VOTE IS REQUIRED
BACKGROUND
On June 1, 1994, the Ventura County Superior Court entered judgement in the above
entitled case in favor of the City of Moorpark.
The purpose of this staff report is to receive Council authorization to appropriate
$6,493.40 (') from the General Fund, Fund 01.4.117.642, for the removal of: asbestos and
demolition of the home and smaller structures, including a 10% contract contingency;
weed and appurtenance clearance of the parcel; and operation of necessary utilities for
the 14404 Avenida Colonia, Moorpark project.
DISCUSSION
Court Summary
Under the Superior Court judgement, entered on June 1, 1994, John Downs has 45 days
from the date of the entry of the judgement to pull building permits necessary to bring
the structures at 14404 Avenida Colonia into compliance with the Moorpark Municipal
' Summary of total:
$5,800.00 for asbestos and demolition
$ 580.00 for contract contingency (10% is normal practice)
$ 113.40 utility connection fee and water usage fee
$6,493.40
KMP- 08-10- 94(2:00 pm)AACC8- 17DW.RPT
The Honorable City Council
August 10, 1994
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Code, and 180 days thereafter to complete the repair work; or in the alternative, Mr.
Downs may demolish the structures and clear the site of all debris within 45 days of the
entry of the judgement (by July 21, 1994).
To date, Mr. Downs has failed to either repair or demolish the structures within the
aforementioned deadlines, and therefore, the City is proceeding to enter the property and
demolish the structures and clear the site of the debris.
For the Council's information, the court judgement allows the City to seek reimbursement,
by the filing of a judgement lien on the subject property as well as other property owned
by Mr. Downs, for the cost of the demolition as well as attorneys' fees in seeking the
judgement. The referenced judgement has been filed in Court. At the conclusion of this
project, additional paperwork will be filed with the court for reimbursement of City staff
time, and attorneys' fees accumulated as a result of the City seeking reimbursement of
staff time spent on this project.
Asbestos Removal and Demolition Cost
The Downs home contains asbestos. Through a competitive phone bid process, the
lowest bidder was selected (All Contractors) to remove the asbestos and demolish the
home; All Contractors was utilized when the Mayflower Market was demolished earlier this
year.
The estimated cost for the asbestos removal and demolition is $5,800.00. For the
Council's information, a copy of the contract may be seen within Attachment Number 1;
the bidders estimate is an attachment to the contract. Asbestos removal is anticipated
to begin on August 29, 1994, with demolition to begin shortly after the August 29, 1994
date. Additionally, staff recommends that in addition to the contract amount of $5,800.00,
a 10% contract contingency, of $580.00, be allocated from the referenced fund account;
and that the City Council authorize the City Manager to have the authority to sign a
contract amendment, if one is needed, with the contractor for a maximum amount of
$580.00.
Utilities
Utilities, such as gas, water and electricity have been terminated at the street for the
subject site. The water meter for the home was removed. Water will be necessary to
control dust when the home is demolished. The most cost effective method to provide
temporary water to the site, is through the use of the City's temporary Eddie Valve
(Hydrant Meter). The cost associated with temporary water service is as follows:
KMP- 08- 10- 94(2:oo pm)A:\CC8- 17DW.RPT
The Honorable City Council
August 10, 1994
Page 3
$ 45.00 connection fee (non - refundable)
$ 68.40 ($1.80 l2er hundred cubic feet of water - 38 cubic feet
Total: $113.40 for water service
Fiscal Impact
Through the filing of additional paperwork with the court, the City will be able to recover
the costs for City staff time, and attorneys' fees accumulated as a result of the City
seeking recovery for staff time spent on this project.
RECOMMENDATION - (ROLL CALL VOTE)
1. Appropriate $6,493.40 ($6,380.00 for asbestos and demolition, including a 10%
contract contingency and $113.40 for temporary water service) from Fund
01.4.117.642, for: the removal of asbestos and demolition of the home and smaller
structures on the site; weed and appurtenance clearance of the parcel; and
operation of the water service at 14404 Avenida Colonia; and
2. Authorize the City Manager to enter into a contract with and approve the contract
with All Contractors for a contract amount of $5,800.00 and that the City Manager
be authorized to sign a contract amendment, if one is needed, with All Contractors
for a maximum of $580.00.
Attachment:
Contract for Service with All Contractors
KMP- 08-10- 94(2:00 pm)AACC8- 17DWAPT
AGREEMENT FOR ASBESTOS REMOVAL AND DEMOLITION OF STRUCTURES
AT 14404 AVENIDA COLONIA
THIS AGREEMENT, made and entered into this _ day of _, 1994, between the
CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "City" and All
Contractors Incorporated, a Private Contractor, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, City desires to demolish the home and accessory buildings located
at 14404 Avenida Colonia, Moorpark, California hereinafter referred to as "Project "; and
WHEREAS, Contractor has met with City to discuss the scope of services for said
Project; and qualifications and licenses required by law to perform the services required
in connection with said Project; and
WHEREAS, City desires to retain Contractor for services hereinafter described in
connection with said Project.
NOW, THEREFORE, it is hereby agreed by and between the parties that:
1. DEFINITIONS: As used in this Agreement, the following definitions shall be
applicable:
a. Services: Services shall mean the services to be performed by
Contractor pursuant to this Agreement.
b. Satisfactory: Satisfactory shall mean satisfactory to the City Manager
of the City and designated person he has appointed to over see the project.
C. Acceptance: Acceptance by the City Council.
When the work under this agreement is complete, the work will have been
approved by the public authorities and all other obligations discharged (hereinafter
called "work ").
The Contractor shall perform all of the work in strict accordance with all Proposal
Terms and Conditions and all regulatory agencies, including, but not limited to the
Environmental Protection Agency (EPA) and the Occupational Safety and Health
Agency (OSHA).
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Notwithstanding the above, the City may serve Notice of Intent to terminate the
Agreement if the Contractor refuses or fails to prosecute the work or any separable part
thereof with such diligence as will ensure its completion within the time specified or any
extension thereof, or failed to complete said work within such time, or if the Contractor
should be adjudged a bankrupt, or if he should make a general assignment for the
benefit of his creditors, or if a receiver should be appointed on account of his insolvency,
or if he should persistently or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to supply enough properly skilled workers or proper
materials to complete the work in the time specified, or if he should fail to make prompt
payment to subcontractors or for material or labor, or persistently disregard laws,
ordinances or instructions of the City, or otherwise breach any reasons for such intention
to terminate. Unless within two (2) days after the service of such notice such condition
or violation shall cease or satisfactory arrangements for the correction thereof be made,
this agreement shall upon the expiration of said two (2) days and upon further written
notification by the City, cease and terminate. In such case, Contractor shall not be
entitled to receive any further payment until the work is finished.
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5.1 Performance by Surety or City. In event of such termination, the City shall
immediately serve written notice thereof upon surety and Contractor, and
surety shall have the right to take over and perform this agreement,
provided, however, that if surety within five (5) days after service upon it of
said notice of termination does not give the City written notice of its
intention to take over and perform this agreement or does not commence
performance thereof within ten (10) days from the date of serving such
notice, the City may take over the work and prosecute the same to
completion by contractor or by any other method it may deem advisable for
the account and at the expense of Contractor, and he and his surety shall
be liable to the City for any excess cost or other damages occasioned the
City thereby.
5.2 If the City takes over the work as hereinabove provided, the City may,
without liability for so doing, take possession of, and utilize in completing
the work, such materials, appliances, plant, and other property belonging
to the Contractor as may be on the site of the work and necessary
therefore. Additional costs of finishing work, including compensation for
additional engineering, architectural, managerial, and administrative
services, shall be paid to the City, without prejudice to any other rights or
remedies available at law or in equity to the City.
If the City suspends, terminates or abandons a portion of this agreement,
such separation, termination, or abandonment shall not make void or
invalidate the remainder of the agreement.
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The Contractor shall be liable to the City for any damages arising from, or as a
result of, a failure to fully comply with the Proposal Terms and Conditions.
Contractor shall not be excused with respect to any failure to comply by any act
or omission of the City, its officers, employees, consultants, or agents, unless such
act or omission actually prevents the Contractor from fully complying with the
requirements of the Proposal Terms and Conditions.
2. SCOPE OF SERVICES: Contractor agrees to perform for, and furnish to
City, the services described in the pages attached hereto and incorporated as Exhibit "A ",
SCOPE OF WORK. These documents include additional Agreement conditions.
3. PAYMENT: Upon satisfactory performance of the services herein above
described in "SCOPE OF SERVICES ", Contractor shall receive said compensation in
accordance with the Payment Schedule as outlined on Exhibit B, the lump sum amount
of Five Thousand Eighty dollars ($5,800.00). No deviations from scope of work shall be
made by the Contractor without prior approval in writing from the City. No claims for
extras above the amount of said Agreement will be honored unless authorized in writing
prior to commencement of extra work. Commencement and /or performance or work
involving changes or extras, without prior written approval of City will be at Contractor's
sole cost, and the City will not be obligated to pay for same. No verbal order will be
considered as a waiver of this or any other provision of this Agreement.
4. TIME FOR PERFORMANCE: Contractor agrees that it shall diligently and
responsibly pursue the performance of the services required of it by this Agreement and
that said services shall be completed within fourteen (14) working days after the Notice
to Proceed and permits granted. Time is of the essence.
If a delay beyond the control of Contractor is encountered, a time extension may
be mutually agreed upon in writing by City Manager of City and Contractor. Contractor
shall present documentation satisfactory to City Manager to substantiate any request for
a time extension.
5. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT:
For good cause, City may, at any time, suspend, terminate or abandon this
Agreement, or any portion hereof, by serving upon Contractor at least five (5) days prior
written notice. Upon receipt of said notice, Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise.
If City suspends, terminates or abandons a portion of this Agreement such
suspension, termination or abandonment shall not make void or invalidate the remainder
of this Agreement.
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Notwithstanding the above, the City may serve Notice of Intent to terminate the
Agreement if the Contractor refuses or fails to prosecute the work or any separable part
thereof with such diligence as will ensure its completion within the time specified or any
extension thereof, or failed to complete said work within such time, or if the Contractor
should be adjudged a bankrupt, or if he should make a general assignment for the
benefit of his creditors, or if a receiver should be appointed on account of his insolvency,
or if he should persistently or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to supply enough properly skilled workers or proper
materials to complete the work in the time specified, or if he should fail to make prompt
payment to subcontractors or for material or labor, or persistently disregard laws,
ordinances or instructions of the City, or otherwise breach any reasons for such intention
to terminate. Unless within two (2) days after the service of such notice such condition
or violation shall cease or satisfactory arrangements for the correction thereof be made,
this agreement shall upon the expiration of said two (2) days and upon further written
notification by the City, cease and terminate. In such case, Contractor shall not be
entitled to receive any further payment until the work is finished.
5.1 Performance by Surety or City. In event of such termination, the City shall
immediately serve written notice thereof upon surety and Contractor, and
surety shall have the right to take over and perform this agreement,
provided, however, that if surety within five (5) days after service upon it of
said notice of termination does not give the City written notice of its
intention to take over and perform this agreement or does not commence
performance thereof within ten (10) days from the date of serving such
notice, the City may take over the work and prosecute the same to
completion by contractor or by any other method it may deem advisable for
the account and at the expense of Contractor, and he and his surety shall
be liable to the City for any excess cost or other damages occasioned the
City thereby.
5.2 If the City takes over the work as hereinabove provided, the City may,
without liability for so doing, take possession of, and utilize in completing
the work, such materials, appliances, plant, and other property belonging
to the Contractor as may be on the site of the work and necessary
therefore. Additional costs of finishing work, including compensation for
additional engineering, architectural, managerial, and administrative
services, shall be paid to the City, without prejudice to any other rights or
remedies available at law or in equity to the City.
If the City suspends, terminates or abandons a portion of this agreement,
such separation, termination, or abandonment shall not make void or
invalidate the remainder of the agreement.
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6. SATISFACTORY PROGRESS: If, in the opinion of the City, the Contractor
is not making or maintaining satisfactory progress, he shall, upon receipt t of such notice
from the City, immediately increase his working force and speed delivery of materials
necessary to maintain progress satisfactory to the City. It is agreed that time is of the
essence of this Agreement, and if within forty -eight (48) hours after receipt of such notice
the Contractor or has failed to increase his supply of materials and number of laborers
to maintain progress satisfactory to the City, or correct any defect, failures, or complaints
with respect to labor and /or materials furnished, the City shall have the right to:
a. Supply sufficient material and employ such additional labor as in the City's
opinion is necessary to maintain satisfactory progress, and charge the cost
thereof and all reasonable expense in connection therewith, to the
Contractor.
b. Terminate the Contractors right to proceed with any of the work and let the
work to another Contractor or Contractors, and charge the cost of
completion to this Contractor.
c. Terminate this entire Agreement and pay to the Contractor only the
reasonable value of the work performed by Contractor, providing the quality
of work is satisfactory, and providing the Subcontractor has paid all of his
bills and discharged all his obligations in connection with the work.
All of the foregoing remedies and conditions shall be cumulative and shall also
be applicable in the event the Contractor becomes insolvent or is declared bankrupt
or is otherwise taken over by creditors.
7. BREACH OF AGREEMENT: (notwithstanding), Paragraph 6 of this
Agreement, if Contractor defaults in this Agreement, it shall have forty -eight (48) hours
after service upon it of written notice of such default in which to cure the default by
rendering a satisfactory performance. In the event that Contractor fails to cure its
default within such period of time, City 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.
8. BANKRUPTCY: City shall have the right, notwithstanding any other
provisions of this Agreement, to terminate this Agreement, at its option and without
prejudice to any other remedy to which it may be entitled at law, in equity or under this
Agreement, immediately upon service of written notice of termination on Contractor,
if the latter should:
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a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
c. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any indebtedness
under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
9. OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the
event of termination, suspension or abandonment of, this Agreement, all original
documents, designs, drawings and notes if any, prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole
property of City and may be used, reused or otherwise disposed of by City without the
permission of Contractor.
10. INDEPENDENT CONTRACTOR: Contractor is and shall at all times remain
as to City a wholly independent contractor. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees, servants or agents, except as herein set forth.
Contractor shall jot at any time or in any manner represent that it or any of its officers,
employees, servants or agents are in any manner officers, employees, servants or
agents of City.
11. LEGAL RESPONSIBILITIES: 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.
Contractor shall at all times observe and comply with all such laws and regulations.
The City and its officers, employees, servants and agents shall not be liable at law or
in equity occasioned by failure of Contractor to comply with this section.
12. NOTICE: Whenever it shall be necessary for either party to serve notice on
the other respecting this Agreement, such notice shall be served by certified mail,
postage prepaid, return receipt requested, addressed to City, c/o City Manager at 799
Moorpark Avenue, Moorpark, CA 93021, and to Contractor at All Contractors
Incorporated, 4287 Ventavo Drive, Moorpark, CA 93021, unless and until different
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addresses may be furnished in writing by either party to the other. Notice shall be
deemed to have been served seventy -two (72) hours after the same has been
deposited in the United States postal service. This shall be a valid and sufficient
service of notice for all purposes.
13. ASSIGNMENT: Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any moneys due hereunder.
14. LIABILITY INSURANCE: Contractor shall secure from a good and
responsible company or companies doing insurance business in the State of California,
pay for, and maintain in full force and effect for the duration of this Agreement a policy
of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance
to the City Manager of City before execution of this Agreement by City.
Notwithstanding any inconsistent statement in the policy or any subsequent
endorsement attached thereto, the protection offered by the policy shall:
a. Include City as the insured or named an additional insured covering their
services to be performed under this Agreement, whether liability is
attributable to Contractor or City.
b. Insure City and its officers, employees, servants and agents while acting
within the scope of their duties under this Agreement against all claims
arising out of, or in connection with, the Agreement.
C. Provide the following minimum limits:
Bodily Injury - $1,000,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products &
completed operations
Property Damage - $1,000,000 each occurrence
$1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Contractor may file insurance acceptable to City covering more than one
project.
d. Bear an endorsement or shall have attached a rider whereby it is provided
that, in the event of expiration or proposed cancellation of such policy for
any reason whatsoever, City shall be notified by registered mail, postage
prepaid, return receipt requested, not less than thirty (30) days before
expiration or cancellation is effective.
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e. Endorsements from the carrier shall be furnished to the City prior to start of
work.
15. WORKERS' COMPENSATION INSURANCE: Before execution of this
Agreement by City, Contractor shall file with the City Manager of City the following
signed certification:
I am aware of, and will comply with Section 3700 of the Labor Code,
requiring every employer to be insured against liability of Workers' Compensation or
to undertake self- insurance before commencing any of the work.
Contractor shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration of this
Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate
of Insurance to the City Manager of City before execution of this Agreement by City.
The City and its officers, employees, servants and agents shall not be responsible for
any claims in law or equity occasioned by failure of the Consultant to comply with this
section.
Every compensation insurance policy shall bear an endorsement or shall
have attached a rider whereby it is provided that, in the event of expiration or
proposed cancellation of such policy for any reason whatsoever, City shall be notified
by registered mail, postage prepaid, return receipt requested, giving Contractor a
sufficient time to comply with applicable law, but in no event less than thirty (30) days
before expiration or cancellation is effective.
16. ATTORNEY'S FEES: If any action at law or suit in equity, including an
action for declaratory relief, is brought to enforce or interpret any provision of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs and necessary disbursements, in addition to any other relief to which it may be
entitled.
17. INDEMNIFICATION AND HOLD HARMLESS: Notwithstanding the
indemnification requirements in the General Terms and Conditions, the Contractor
hereby agrees to indemnify, defend and hold harmless the City, and its officers,
employees, servants, consultants and agents from and against any and all claims,
liability, loss, damage, cost, and expense, including court costs and attorney's fees,
whether or not litigation be commenced, of whatever nature or type, that the City or
any of its officers, employees or agents, may hereinafter suffer, incur, be put to pay or
lay out by reason of:
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1. Any injury or death to any person or damage to any property sustained or
alleged to have been sustained as a result of the work, or the performance
thereof, contemplated hereby, or any defect in material, equipment or
workmanship that becomes evident within one year after the date of
recordation of the notice of completion;
2. Any other act or omission of the Contractor, its agents, representatives or
other persons who are at any time engaged in the course of work or in the
repair, replacement or restoration of any portion of the work made
necessary by any defect in material or workmanship including, but not
limited to, subcontractors, laborers, materials and suppliers or
3. Any breach or default of the Contractor in the performance of its obligations
hereunder.
The aforesaid Indemnification and Hold Harmless Provisions shall not include any
claims of liability arising from the established sole negligence of willful misconduct of
the City or its officers, employees, servants or agents.
The aforesaid Indemnification and Hold Harmless Provisions shall apply
regardless of whether or not the insurance policies specified in the Agreement or other
Proposal Terms and Conditions have been determined to be applicable to the claim,
liability, loss, damage, cost or expense.
Contractor further agrees to indemnify, defend, and hold harmless the City, its
officers, employees, servants, consultants and agents from all cost, damage or
expenses of any kind by reason of any claim which may be made for injury to person
or property, which it is alleged resulted from any wrongs and negligence for want of
skill on the part of Contractor, his agents or employees. This includes but is not
limited to, the Proposition 65 Compliance Certificate attached hereto and made a part
hereof.
Contractor shall also hold harmless, indemnify, and defend City and all of its
officers, employees, servants, consultants and agents serving as independent
contractors in the roll of City Engineer, Building Official, Building Inspector, or City
Attorney from any claim, demand, damage, liability, loss, cost, or expense, for any
damage whatsoever, including but not limited to death or injury to any person and
injury to any property, resulting from misconduct, negligent acts, errors or omissions
of contractor or any of its officers, employees or agents in the performance of this
agreement, except such damages as is caused by the sole negligence of CITY or any
of its officers, employees, consultants, servants or agents.
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18. ENTIRE AGREEMENT: This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and conditions mentioned
herein or incidental hereto and supersede all negotiations and prior writing in respect
to the subject matter hereof.
In the event of conflict between the terms, conditions or provisions of this
Agreement and any such document or instrument, the terms and conditions of this
Agreement shall prevail.
19. EFFECTIVE DATE AND NUMBER OF COPIES: This Agreement is made in
two (2) duplicate originals and shall be effective from and after the date it is signed by
the representatives of City.
20. GOVERNING LAW: This Agreement shall be governed by and constructed
in accordance with the laws of the State of California.
21. VENUE: This Agreement is made, entered into, executed and is to be
performed in Moorpark, Ventura County, California, and any action filed in any court
or for arbitration for interpretation, enforcement and /or otherwise of the terms,
covenants and conditions referred to herein shall be filed in the applicable court in
Ventura County, California.
22. CITY'S AGENT: The Moorpark City Manager shall have the right to review,
coordinate and approve all work to be performed by Contractor pursuant to the terms
of this Agreement and shall be the City's agent with respect to review, coordination
and approval of the services to be performed by the Contractor.
23. INTERPRETATION OF AGREEMENT: Should interpretation of this
Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was
prepared 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.
24. EXPERTISE: City is relying on Contractor's expertise in the execution of all
work under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
CITY OF MOORPARK CONTRACTOR
MA
City Manager
Date
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All Contractors, Incorporated
Title President
Date
Contractor's License #
EXHIBIT A
CITY OF MOORPARK . ADDITIONAL SPECIAL CONTRACT TERMS
AND CONDITIONS
DEMOLITION OF 14404 AVENIDA COLONIA, MOORPARK, CALIFORNIA
1. Scope of Work
The Contractor shall furnish all of the labor, materials, tools, equipment, services
and transportation necessary to complete the demolition; all pursuant to
conditions of the contract documents and Exhibit C.
2. Completion of Work
When the work covered by this agreement is complete, the demolition will have
been completed and all debris resulting from said demolition will have been
removed and legally disposed of, off the site; all regulatory agencies will have
issued their approval of the work completed and /or provided certificates of
compliance; and all documentation required under the terms of this Agreement
will be completed and accepted.
3. Schedule
3.1 Not including the time to obtain permits, the Contractor shall commence the
work on the date stated in the Notice to Proceed and shall diligently pursue
the work to completion within fourteen (14) working days thereafter, based
upon the work schedule, if any, as such time may be extended in writing by
the City in accordance with these Proposal Terms and Conditions, time
being of the essence.
3.2 Contractor will sign all release forms required by City for payment. A VALID
RELEASE FOR ALL LABOR AND MATERIALS FROM EACH LABOR AND
MATERIALS SUPPLIER MUST BE SUBMITTED WITH EACH INVOICE.
THESE RELEASES WILL BE ON A FORM PROVIDED BY AND
ACCEPTABLE TO THE CITY (see Forms section of this Agreement). All
suppliers will be called to verify releases. Contractor will provide notarized
lien releases with each invoice, if required. All releases must be wet - signed.
Copies or FAX'S are not acceptable. All releases must clearly indicate
(printed or typed, in addition to signed) the name and title of the person
signing it.
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3.3 If an unconditional release cannot be provided, a conditional release must
be provided showing the true amount of money owed to a materials
supplier or subcontractor. A FULL UNCONDITIONAL RELEASE WILL BE
PROVIDED FROM ALL SUPPLIERS AND SUBCONTRACTORS FOR ALL
PAYMENTS MADE ON THE PREVIOUSLY PAID INVOICES BEFORE NEXT
PAYMENT. SUBSEQUENT PAYMENTS CANNOT BE MADE UNLESS THIS
IS ACCOMPLISHED. In addition to Unconditional Final Releases, any
subcontractor will sign the City's Final General Release in order to receive
final payment.
3.4 Failure to provide these releases could result in the invoice being
REJECTED and returned until releases are proper. All joint checks will be
sent to the contractor with a copy to the supplier.
3.5 All invoices must be received at City Hall by the last day of the month in
order to be paid on or about the 25th of the following month. All checks
will be mailed. NO EXCEPTIONS.
3.6 No checks will be issued without prior receipt of invoice and prior approval
of work by City representative.
3.7 City's Inducement Form is to be signed prior to Final Payment.
3.8 Partial payments for partial completion of any of the milestone(s) identified
in Attachment 'A' may be approved by the City. The approved amount of
any such payment shall be based upon the percentage of completion of the
work required by said milestone(s), as determined by the City. Any such
payment shall not affect the percentages assigned to the Milestone(s) set
forth in Attachment W.
3.9 City shall have the option to make payments jointly to Contractor and his
suppliers of materials and /or Subcontractors. Contractor agrees to furnish,
on a form acceptable to City, labor and material release forms and
completely execute and furnish the information required in said forms, in
accordance with Paragraphs 3.2 and 3.3, before Contractor shall be entitled
to any payments hereunder. Use of the forms does not constitute a waiver
of this requirement by the City. If the Contractor fails to meet and pay all of
its just obligations incurred at the time when any payment is due, or if any
claims or demands arising out of or in connection with the work or its
performance shall be outstanding at the time any payment may be due or
is likely to be made thereafter, or if any claim arising out of or in
connections with the agreement are made against the City by any other
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person, the City shall have the right to withhold out of any payments, final
or otherwise, such sums as the City may deem ample to protect it against
loss and /or to assure the payment of just claims of third persons.
3.10 Contractor shall protect the work of others and will be fully responsible for
any damages to the work of others and /or any delays he causes to others
or City. All charges for same will be paid by Contractor or deducted from
any monies due and owing to him under the Agreement.
4. Legal Requirements
Pursuant to California Labor Code Section 1810, et. seg., eight (8) hours labor
constitutes a legal day's work.
Contractor shall forfeit as a penalty to City the sum of $25.00 for each worker
employed in the execution of the work by Contractor or any subcontractor for
each calendar day during which such worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Labor Code Section 1815 [Labor Code Sec.
1813]
The City shall withhold penalties and forfeitures from payments due to the
Contractor for noncompliance with the California Labor Code [Labor Code Sec.
1773.2] .
Nothing in the agreement shall prevent the Contractor or any subcontractor from
employing properly registered apprentices in the execution of the agreement.
The Contractor shall have responsibility for compliance with California Labor Code
Section 1777.5 for all apprentice occupations [Labor Code Sec. 1777.5].
5. Agreement Documents and Conditions
The contract entered into by the agreement consists of the following; all of which
are component parts of the agreement as if herein set forth in full or attached
hereto:
• Agreement (Including all Attachments)
• Additional Special Contract Terms and Conditions
• Certificate on Drug Free Work Place
• All Release Forms
• Environmental Health Compliance Form (Prop. 65)
• Inducement to Make Final Payment Form
• Final General Release Form
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• Requirements of EPA and OSHA
• Contractor's Certificate Regarding Workers' Compensation
• All applicable codes and regulations
6. Miscellaneous Provisions
6.1 Should a change be contemplated in the name or nature of the
Contractor's legal entity, the Contractor shall first notify the City in order that
proper steps may be taken to have the change reflected in the Agreement.
6.2 The Agreement shall be effective from and after the date that the Agreement
is signed by the representative of the City.
6.3 The captions of the articles, sections, subsections, paragraphs and
subparagraphs of the Terms and Conditions of this agreement are for
reference only and are not to be construed in any way as a part of the
Agreement.
6.4 The remedies contained in the Agreement will be cumulative and in addition
to any remedy at law or in equity to which the City may be entitled.
6.5 Contractor has carefully examined the site and document and understand
the relationship of all to the work. Receipt of all documents above is hereby
acknowledged.
6.6 Work hours are 7:00 a.m. through 7:00 p.m., Monday through Friday.
However, all work performed after 5:00 p.m. shall be restricted to activities
which do not generate any noise, dust or other nuisance which could
impact surrounding properties, as determined by the City. After hours work
and weekend work will not be permitted without written permission of City.
This includes working on equipment after hours.
1. Work hours on Saturday or Sunday, if approved, shall conform to
the job, our limitations set forth below.
a) All requirements of the Terms and Conditions and any other
applicable local ordinances shall be observed.
b) Contractor understands that questions cannot be answered
or decisions made until the next working day.
6.7 Contractor will be responsible for any fines or levies because his violation
of safety or Union regulations, if in the Union.
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6.8 Contractor, if required, shall provide warning labels and ingredient list for
all materials furnished by Contractor and any other pertinent information
about the makeup of their materials. This is in compliance with Proposition
65.
6.9 If it is discovered that a clarification of the plans, correction of an error or
omission is necessary, the City will be notified immediately. The time
necessary to accomplish these clarifications, corrections or omission is
included in the agreement at no charge. Contractor understands that in
come cases this may necessitate stopping all or a portion of Contractor's
work on the job until the corrections, clarifications or omissions are settled
and approved by public authority. There is no charge for these delays.
6.10 All retention is for claim protection and guarantees not for uncompleted
work.
6.11 If, in the opinion of the City, supervision is inadequate, Contractor will
remove foreman from job and furnish new foreman. This also applies to
workers.
6.12 No extra work shall be authorized unless extra work orders are signed by
City Manager.
6.13 In consideration of the award of the Agreement, Contractor agrees that if
there is a conflict, repetition or ambiguity between any of the Terms and
Conditions, or a conflict within any Agreement, the City shall decide which
documents or provisions shall govern.
6.14 Uninitiated changes shall be null and void if uninitiated changes (by both
parties) are on these or future documents.
6.15 When a joint check is issued, it will be sent to the Contractor. City reserves
the right to send joint checks to the supplier with a copy to the Contractor.
6.16 Any provisions in the Agreement to the contrary notwithstanding, the City
shall not be liable to the Contractor for any delay, loss or damage to its
work, from any cause whatsoever. This includes, but is not limited to,
inclement weather, vandalism or theft.
6.17 The Contractor shall pay any and all delivery charges and taxes, including
sales tax, which may be due or levied against any material or labor, as well
as Social Security, Unemployment Insurance, Income Withholding Tax all as
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required by law. Before final payment is made, the Contractor shall present
satisfactory evidence that all such taxes and insurance obligations have
been fully paid.
6.18 Whenever required by the City, it shall be the duty of Contractor to file with
the City a verified statement in writing in form satisfactory to City, certifying
to the amounts then due and owing from the said Contractor for labor and
material performed under the terms of this agreement, setting fourth therein
the names of the persons whose charges and /or claims for materials,
and /or supplies, and /or labor are unpaid and the amount due to each
respectively. Before final payment is made, Contractor will execute a
general release and waiver of claim and submit satisfactory evidence that
no unpaid claims exist for labor, material, or other obligations incurred by
the Contractor in the performance of this agreement.
6.19 An amount equal to at least ten percent (10 %) of the total amount of the
agreement shall be retained until after all work has been completed,
inspected, and passed by public agencies; all pursuant to payment terms.
City shall have the right to retain any amount it deems necessary as long
as corrections and /or repairs and /or uncompleted work remains to be
corrected. The Contractor agrees to execute a written guaranty on a form
satisfactory to City, for his work agreeing to make good without cost to the
City, any and all defects or failures of every kind arising out work performed
and material supplied under this agreement for a period one (1) year after
completion of all work under this agreement and recording of Notice of
Completion. Longer guarantees are included if required by law.
6.20 The City's representative on the job shall have the right to control or restrict
parking on the site, and Contractor agrees to cooperate and abide with
said restrictions.
6.21 Before any work is undertaken, the Contractor must visit the job site,
examine it for himself, take his own measurements,and make his own
estimates of facilities and difficulties in the execution of his work. Should
the proper workmanlike or accurate performance of any work by another
subcontractor involved in the project, Contractor will use all means
necessary to discover any defect in such subcontractor's work and report
the same in writing to the City. Contractor will be responsible for any
damages resulting by reason of his work covering defects due to imperfect
workmanship or materials of other subcontractors.
6.22 Any materials stored on job site shall be at Contractor's sole risk.
InMal f3
6.23 If requested, Contractor agrees to furnish certified verification of the grade
or quality of materials he is using in his work. Such verification shall be at
his own cost and expense and shall be from a recognized association or
the U.S. Bureau of Standards Grading.
6.24 Alcoholic beverages, drugs, pets and children will not be tolerated on the
job site and could resulting termination of this agreement.
6.25 Contractor at his sole expense will comply with all Federal, State and Local
safety programs including, but not limited to training, job meetings, written
programs, posting, hard hats, etc. Contractor will pay for all fines or levies
for himself and City because of his or his sub - contractor /supplier violation
of safety standards.
6.26 Contractor will keep up to date agreement documents and any required
permits at the job site.
6.27 Until improvements under the agreement are accepted by the City, the
Contractor shall be responsible for the care and maintenance of such
addition or improvements and shall bear all risks and costs of loss or
damage to said improvements. Neither City, nor its officers,
agents, consultants and employees, shall have any liability for any
accident,loss or damage to the improvements prior to their completion and
acceptance by the City.
7. Governing Law
The Agreement shall be governed and constructed in accordance with the laws
of the State of California and all Federal and local ordinances.
8. Change Orders/Time Extension
No deviations from scope of work shall be made by the Contractor without prior
approval in writing from the City. No claims for extras above the amount of said
agreement will be honored unless authorized in writing prior to commencement
of work. Commencement and /or performance of work involving change or extras,
without prior written approval of City will be at Contractor's sole cost,and the City
will not be obligated to pay for same No verbal instructions will be considered
as a waiver of this or any other provision of this agreement.
All change orders will be on City forms and include the following agreement:
Initial
"Both contractor and City hereby agree and acknowledge that execution of this
change order constitutes a mutual accord and satisfaction as to the work covered
hereby and contractor specifically waives and releases any and all claims, rights
or interest, including but not limited to, those for impact,disruption,loss of
efficiency, ripple, or other extraordinary or consequential costs arising directly or
indirectly out of the work described in this order except as specifically included
herein."
All prices for extras are to be competitive and standard for the scope and location
of the work.
No additional overhead or time will be allowed for changes that are not on the
critical path (as separate items) and that can be done as overlap to other
components of the work.
The maximum profit, overhead, and markup allowed for change orders is 15 %.
Payment for overhead and profit shall not be made for additional time granted for
adverse weather conditions, vandalism, casualty loss and /or material availability."
If charges are allowed for overhead and profit because of a time delay, the daily
charges shall not exceed $100 (one hundred) dollars a day. All such
extensions /charges shall be by change order.
Time extensions for materials availability /delivery may only be allowed if City has
been furnished written, satisfactory evidence that the order was made in time for
delivery when needed and written, satisfactory evidence from
manufacturer /supplier as to why materials will not arrive on time.
If the Contractor is delayed in the prosecution of the work by acts of the City, or
if the City interferes with the contractor's performance, or if the City in any way
hinders the performance of the contractor, the contractor will be entitled to an
extension of time for completion of the work which shall be the contractor's sole
and exclusive remedy for any such delay, interference or hindrance. The
contractor shall not be entitled to any damages of any kind, nature or description
for any such delay, interference cr hindrance.
9. Legal Responsibilities
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. Contractor shall at all
Initial 8
times observe and comply with all such laws and regulations. The City and its
officers, employees, servants, consultants and agents shall not be liable at law or
inequity occasioned by failure of Contractor to comply with this section.
10. Expertise
City has advised General Contractor to have the Terms and Conditions and
agreement reviewed by an attorney.
Contractor has visited the job site and agrees that commencement of work under
this agreement shall constitute Contractor's acceptance of the site as suitable for
the work required herein.
Initial 9
EXHIBIT B
PAYMENT SCHEDULE AND PAYMENT TERMS AND CONDITIONS
Payments will be made for City approved requests, received by the end of the
month, on or about the twenty -fifth of the following month; $5,800.00 upon completion,
inspection, and acceptance of all work under this contract. Said money will be
payable as follows:
1. Ninety percent (90 %) upon completion, inspection, and acceptance of all
work under this contract and compliance with all requirements of the
contract.
2. Ten percent (10 %) thirty -five (35) days after all work under this contract is
completed, inspected, and accepted by the City and all regulatory
agencies, all pick -up work is completed, all final documentation received,
the City has verified that there are no unresolved disputes or claims arising
out of the contract and Notice of Completion is filed, whichever occurs later.
3. All application for payment shall be made on City form (Attached).
Attachment:
Payment Request Form
Contractor's Initials
CITY OF MOORPARK
PAYMENT REQUEST FORM
Date: Application:
Contractor:
Project:
For Period: to
Contract Amount $
_Change Order $
Revised Contract $
Total Paid to Date $ Contract
Total Paid to Date $ Change Order
Total Paid to Date $
Retention Holding Agreement $
Retention Holding Change Order $
Total Retention Holding $
Total Due $
Total Due This Invoice $
Balance After this Invoice is Paid $
The undersigned Contractor certifies that the work covered by this application for
payment has been completed in accordance with the Agreement documents, that all
amounts have been paid by him for work for which previous Certificates for Payment
were issued and payments received from the City, and that current payment shown
herein is now due.
Title:
Attach all claim releases and certified payroll report
Contractor's Initials 2
EXHIBIT C
DESCRIPTION OF WORK
Contractor shall agree to the following:
1. Remove and properly dispose of all on -site asbestos, at an approved landfill;
disposal fees are included in the contract price;
2. Demolish the single family home (including foundation, footings, and any potential
basements) and accessory structures and haul all demolition debris from the site,
to an approved landfill in accordance with the Uniform Building Code; disposal
fees are included in the contract price;
3. Haul and properly dispose of, at an approved landfill, all miscellaneous on -site
debris;
4. Remove and fill with soil, any potential basement areas;
5. Fill with soil, areas where foundation and footings have been removed - rough
grading the site to match existing contours;
6. Cap sewer;
7. Secure and pay all permit fees;
8. Provide barricades around all sides of the property;
9. Contractor must begin contract activities within 48 hours of City transmittal of a
Notice to Proceed;
10. Property shall be left rough graded, free of debris, and clear of weeds.
Contractor's Initials 1
.t
PROPOSAL
ALL CONTRACTORS, INC.
4287 VENTAVO DRIVE
MOORPARK, CA 93021
805- 523 -9071
FAX 805 - 523 -9072
STATE LIC.522842
PAGE 1 OF 3 PAGES
RECEIVED
AUG 01 �{/1999yyy4�'��t( )l
Qiy of MoArpark �'
Community Development Department
'RoPos& WiSMITTEO To PHONE DATE
2ITY OF MOORPARK 805- 529 -6864 EXT 233 7/27/94
ITIEET
799 MOORPARK AVE FAX
7TY, STATE, 2P OODE JOE NAME
40ORPARK CA 93021
)-OMAS MWE / X STREET JOE AODFIESS
476 -G7 NOGALES AVE 14404 AVENIDA COLONIA
'L ANa DATE SUPERINTENDENT
LONE
to Propose to do the following within property lines:
DEMOLISH AND REMOVE HOUSE AND OUTBUILDINGS, FOUNDATION AND FOOTINGS
HEAVING LOT CLEAR OF DEBRIS AND ROUGH GRADED TO THE EXISTING CONTOURS.
PRICE INCLUDES: TRUCKING, DUMP FEES, CAPPING SEWER (IF CONNECTED),
CESTING FOR AND REMOVAL OF ASBESTOS, DEMOLITION PERMITS.
NOTE: In accordance with State and Federal laws, an asbestos survey must be
performed in all structures and all asbestos removed, before demolition can
begin. ALL CONTRACTORS, INC. is not licensed to perform this work.
Additionally, a 20 day notice must be given to the Environmental Protection
Agency and the Air Quality Control District. This notice Is required whether
or not asbestos is present in the structure.
PHE FOLLOWING ITEM8 ARE SPECIFICALLY EXCLUDED FROM THIS CONTRACT,
JNLESS INCLUDED ABOVE:
'ERMITS, BONDS, HAUL ROUTES, STREET USE OR PARKING FEES
OCATING, PROTECTING, CAPPING, RELOCATING, OR REPAIR OF UTILITIES
ACKHAMMER/BREAKER, RIPPING, BLASTING, SAWCUTTING
IEMOVAL AND DISPOSAL OF SUBSURFACE DEBRIS OR IMPROVEMENTS 1.e; CAISSONS,
GRADE BEAMS, FOOTINGS OVERSIZED FOR TYPE OF STRUCTURE, ETC.
'LIMPING, FILLING OR REMOVAL OF CESSPOOL /SEPTIC SYSTEM, UNDERGROUND TANKS, POOLS
iAZARDOUS WASTEIMATERIAL, CONTAMINATED SOIL HANDLING OR REMOVAL
INE GRADING, FURNISHING OR HANDLING OF TOPSOIL
ROSION CONTROL, DRAINAGE DEVICES, DITCHES OR V GUTTERS
IARRICADES, CANOPIES, OR FENCING
ALL CONTRACTORS, INC. IS NOT RESPONSIBLE FOR DAMAGE TO OR REPAIR OF
SIDEWALKS, CURBS, STREETS, SEWERS, UTILITIES OR PROPERTY LINE FENCING
ON JOB SITE OR ADJACENT PROPERTIES.
We Propose hereby to furnish material and labor - complete in accordance
rith above specifications, for the sum of:
1IVE THOUSAND EIGHT HUNDRED AND
'ayment to be made as fellows:
IN FULL UPON COMPLETION
.k work to be oompt.ted In a worwnaNpce reamer s000rdne to ota lard prutkee
my aneratlon or deviation from above apeoekatiora hvoWkp extra costa will
a exmded rgon verbal or written ordwe, and will becorra an extra onwg. over 11 v 1 rS . 1111.5 JiL Vf7w Mehl mQ 176 W 1 Una n uy
nd above the esthn te. al apew t. oonthWt rpon atrikea,— ldert♦or de- us if not accepted wit in days.
rys beyond" oon,rol. W worker. are rNly covered by Workoes Ca ".-.tion
4cceptance of Proposal -The above prices, specifications If work does not commence within
Ind conditions are satisfactory and are hereby accepted and that we have read 45 days of acceptance of the under -
he second page of this proposal. You are authorized to do the work as specified signed, this proposal may be subject
'ayment will be made as outlined above. to a price review.
)ate of Acceptance:
Signature