HomeMy WebLinkAboutAGENDA REPORT 2020 0429 SPC CC ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 29, 2020
ACTION Approved staff recommendation.
BY B.Garza.
E. Consider Landscape Maintenance District (LMD) Bid Documents and
Specifications and Authorize Staff to Solicit Bid Proposals for LMD Zones of
Benefit 12, 15, 16, 18, 20 and 21. Staff Recommendation: Approve the contract
bid documents and specifications for LMD landscape maintenance services in
Districts 12, 15, 16, 18, 20 and 21, subject to final language approval of the City
Manager, and authorize staff to solicit bid proposals. (Staff: Jeremy
Laurentowski)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
D ATE: 04/29/2020 Special Meeting
SUBJECT: Consider Landscape Maintenance District (LMD) Bid Documents and
Specifications and Authorize Staff to Solicit Bid Proposals for LMD
Zones of Benefit 12, 15, 16, 18, 20 and 21
BACKGROUND
In 1984, a Landscaping and Lighting Maintenance Assessment District No. AD 84-2,
encompassing the entire City, was created to fund costs associated with street lighting and
the maintenance of various landscaped areas in the City. This was a successor to the
District enacted by the County of Ventura prior to the incorporation of the City. In
subsequent years, Zones of Benefit (Zones) were added to fund improvements and the
maintenance of certain specific areas. Later, these Zones were changed to District 1
through District 12.
Since 1984, the City has formed additional Assessment Districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
•Silver Oak Lane Tract 5201 (AD01-1, District 14)
•Country Club Estates Tract 4928 (AD01-2, District 15 Zone A ♦)
•Masters at Moorpark Country Club Tract 5463 (AD01-2, District 15 Zone B♦)
•Mountain View Tract 5166 (AD01-3, District 16) †
2004
•Moonsong Court Tract 5307 (AD04-01, District 18)
2005
•Campus Plaza Tract 5264 (AD05-01, District 19)
2006
•Canterbury Lane Tract 5133 (AD06-01, District 21 - Zone A)
•Ivy Lane Tract 5425 (AD06-01, District 21 - Zone B♦)
Item: 10.E.
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2007
• Meridian Hills Tract 5187 (AD07-02, District 20)
• Moorpark Highlands Tract 5045 (AD07-01, District 22)
• 875 Los Angeles Ave IPD 2000-10 (AD07-04, District 24) ††
2008
• Patriot Commerce Center CPD 2004-01 (AD07-03, District 25)
2009
• 14339-14349 White Sage Rd CPD 2004-03 (AD09-01, District 26) †††
2010
• Tuscany Square CPD 2005-02 (AD10-01, District 31) †††
• 145 Park Lane CPD 2005-03 (AD10-02, District 32) †††
2015
• Vistas at Moorpark Tract 5130 (AD15-01, District 33)
Notes: † Districts 13, 17, 27, 28 and 29 are not assigned.
†† District 23 – Tract 5130, Suncal/Vistas was not completed.
††† Districts 26, 31 and 32 are back up maintenance districts.
♦ On October 10, 2015 by Resolution No. 2015-3443, Tract 5463 was annexed into District 15,
designated as Zone B. On November 20, 2013 by Resolution No. 2013-3241, Tract 5425 was
annexed into District 21.
Currently the City has 20 active Districts. Eleven of the Districts were adopted prior to
the passage of Proposition 218, which does not provide a provision for increasing the
annual assessment without a vote of the affected property owners. For the remaining
districts that were adopted after the passage of Prop 218, the language in the formation
documents allows the maximum assessment to be increased annually to cover cost-of-
living adjustment (COLA) increases.
District landscape maintenance service is provided through three separate service
Agreements. On September 20, 2017, the City Council approved an Agreement with
Oakridge Landscape, Inc. (Oakridge) for landscape maintenance services in LMD
Zones 15, 20, and 22. On August 2, 2018, the City Council approved Agreements with
Oakridge for landscape maintenance services for LMD Zone 22, and with Venco
Western, Inc. (Venco) for landscape maintenance services for the Citywide and various
LMD Zones, including LMD zones 1-11, 14, 16, 18 and 21, and miscellaneous City-
owned properties. All three of these Agreements are currently scheduled to expire on
June 30, 2020.
DISCUSSION
Each of the Agreements noted above provides an optional extension for one additional
one-year term, which would extend each Agreement through June 20, 2021. However,
in light of anticipated revenue shortfalls due to the local COVID-19 health emergency,
staff feels that it is prudent to reassess the current landscape maintenance Agreements
for the LMD’s that are subsidized by the General Fund, and consider implementing cost
saving measures where feasible. As was noted in the City Manager’s update to City
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Council on April 8th, the City is facing a preliminary projected revenue shortfall of over
$500,000 for the current fiscal year (FY), and a cumulative projected shortfall of over
$1.2 million through FY 2020/21.
Generally, Districts 1 through 11, and 14 require a subsidy from the General Fund each
year for landscape maintenance operations, while Districts 12, 15, 16, 18, 20, 21 and 22
are fully funded and do not require a General Fund subsidy. The landscape
maintenance Agreement with Venco for Citywide and Various LMD Zones currently
includes all of the underfunded Districts, along with Districts 15, 18 and 21. Staff is
proposing to restructure the landscape maintenance agreements so that the fully funded
Districts 12, 15, 16, 18, 20 and 21 are covered under one Agreement, while the Districts
that require support from the General Fund remain under a separate Agreement.
District 22 is already covered under a separate Agreement since it relatively equal in
size to the other funded Districts added together. With the Districts distributed in this
way, staff will explore service level modifications to the Citywide and underfunded
Districts that would reduce landscape maintenance costs and lower the burden on the
General Fund. Staff also anticipates some cost savings to the funded Districts due to
economies of scale by adding additional Districts to the areas maintained under the
Agreement. A separate staff report addressing service levels and other cost saving
measures in the underfunded LMD’s and parks will be provided to the City Council at
the beginning of the FY 2020/21. Service levels in the fully funded Districts would be
maintained at current levels.
Staff recommends reorganizing the landscape maintenance zones into following three
areas of contractual responsibility:
Area No. 1 (Approximately 49 Acres)*
Location Description Size
LMD Citywide: 405,108 s.f.
LMD Zone of Benefit 1 Pecan Ave 60,984 s.f.
LMD Zone of Benefit 2 Steeple Hill 143,784 s.f.
LMD Zone of Benefit 3 Buttercreek Rd 4,356 s.f.
LMD Zone of Benefit 4 Williams Ranch Rd 21,780 s.f.
LMD Zone of Benefit 5 Pheasant Run St 191,664 s.f.
LMD Zone of Benefit 6 Inglewood St 1,500 s.f.
LMD Zone of Benefit 7 L.A. Ave and Gabbert Rd 35,000 s.f.
LMD Zone of Benefit 8 Home Acres Buffer Zone 60,984 s.f.
LMD Zone of Benefit 9 Condor Ave 17,424 s.f.
LMD Zone of Benefit 10 Mountain Meadows PC3 740,520 s.f.
LMD Zone of Benefit 11 Alyssas Ct 4,356 s.f.
LMD Zone of Benefit 14 Silver Oak Lane 13,068 s.f.
Miscellaneous City Properties: 435,600 s.f.
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Area No. 2 (Approximately 49 Acres)
LMD Zone of Benefit 12 Carlsberg 531,433 s.f.
LMD Zone of Benefit 15 Country Club Estates 503,080 s.f.
LMD Zone of Benefit 16 Mountain View 17,424 s.f.
LMD Zone of Benefit 18 Moonsong Ct 21,780 s.f.
LMD Zone of Benefit 20 Meridian Hills 1,051,720 s.f.
LMD Zone of Benefit 21 Canterbury Ln and Ivy Ln 8,712 s.f.
Area No. 3 (Approximately 46 Acres)
LMD of Benefit Zone 22 Moorpark Highlands 2,002,307 s.f.
*Includes LMD Zones and Miscellaneous City properties that typically require a
subsidy from the General Fund for landscape maintenance operations.
The City Council is being asked to review and approve the bid documents for Area
No. 2. As indicated in the table above, this revised area includes Districts 12, 15, 16,
18, 20 and 21. The Districts included in this area are fully funded, therefore the scope
of services has not been changed and the level of landscape maintenance services in
these Districts will remain the same.
As mentioned previously, there is no proposed change to District 22, therefore staff
intends to execute the available one-year extension with Oakridge for landscape service
in this area. Additionally, staff is currently evaluating landscape maintenance service
levels in the zones identified in Area No. 1, as well as the City parks, with the goal of
identifying potential cost saving due to service reductions. Staff will return to the City
Council with revised bid documents for Area No. 1 for consideration at a later date.
FISCAL IMPACT
Staff does not anticipate substantial cost increases to the landscape maintenance
services provided in Districts 12, 15, 16, 18, 20 and 21 due to the restructuring of the
bid documents and specifications for Area No. 2.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve the contract bid documents and specifications for LMD landscape maintenance
services in Districts 12, 15, 16, 18, 20 and 21, subject to final language approval of the
City Manager, and authorize staff to solicit bid proposals.
Attachment: Bid Documents and Specifications for Landscape Maintenance Services
LMD Zones 12, 15, 16, 18, 20 and 21
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CITY OF MOORPARK
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR LANDSCAPE MAINTENANCE SERVICES
LMD ZONES 12, 15, 16, 18, 20 AND 21
City of Moorpark
799 Moorpark Avenue
Moorpark, California
[ISSUE DATE]
City of Moorpark
CONTACT: CHRIS BALL
Management Analyst
799 Moorpark Avenue
Moorpark, California 93021
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TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS 3
INSTRUCTIONS TO BIDDERS 5
PROPOSAL FORM 11
BID SCHEDULE 12
BIDDER’S INFORMATION 20
CONTRACTOR’S REFERENCES 22
SUBCONTRACTOR LISTING 24
CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION 26
NON-COLLUSION DECLARATION 27
EQUAL OPPORTUNITY CERTIFICATE 28
AGREEMENT TO COMPLY WITH LABOR LAW 29
BID BOND 30
SAMPLE AGREEMENT 32
APPENDIX A – EXECUTION OF CONTRACT 49
APPENDIX B – CONTRACTOR’S PERFORMANCE REQUIREMENTS 57
APPENDIX C – SCOPE OF WORK 68
APPENDIX D – AREAS TO BE MAINTAINED 86
APPENDIX E – INTENT TO SPRAY 90
APPENDIX F – CONTRACTOR’S WEEKLY INSPECTION REPORT 91
APPENDIX G – CONTRACTOR’S WEEKLY IRRIGATION REPORT 94
APPENDIX H – AREA DIAGRAMS 96
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CITY OF MOORPARK
NOTICE INVITING SEALED BIDS
FOR
LANDSCAPE MAINTENANCE SERVICES
FOR LANDSCAPE MAINTENANCE DISTRICT
ZONES 12, 15, 16, 18, 20 AND 21
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark (“City”), invites sealed bids for
the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark
Avenue, Moorpark, California, 93021 up to the hour of [TIME] on the [DATE] 2020. 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.
The Scope of Work for this project consists of providing all labor, services, and furnishing all
materials, tools, equipment, supplies and transportation as necessary for the performance of
scheduled landscape maintenance services in landscaped parkways, medians, slopes in
accordance with contract provisions and specifications attached hereto and made a part of this
Notice.
A mandatory pre-bid conference will be held at the Moorpark Public Services Facility, 627
Fitch Avenue, Moorpark, CA 93021, [DAY, DATE] at [TIME]. Only those bidders in attendance
will be eligible to submit bid proposals. A City tour of the proposed areas will be made available
to prospective bidders on [DAY, DATE], [TIME].
Bid proposals must be accompanied by a certified or cashier’s check, or bidder’s bond, made
payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year
one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made
to him/her in accordance with the terms of said bidder’s proposal, provide all licenses, insurance
and bonds as identified in this Request for Proposal and execute a contract on the City’s
standard form.
Prevailing Wages. In accordance with Labor Code Section 1770 et seq., the Project is a “public
work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance
with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding
the prevailing rate of per diem wages. Copies of those rates are on file and are available to any
interested party upon request. The Contractor shall post a copy of the DIR’s determination of
the prevailing rate of per diem wages at each job site. This Project is subject to compliance
monitoring and enforcement by the DIR.
Prospective bidders may obtain copies of Contract Documents and Specifications for
Landscape Maintenance Services from the City of Moorpark website
at www.moorparkca.gov/bids. Contractors interested in submitting a Proposal should register
by emailing Kimberly Sexton, Administrative Assistant at ksexton@moorparkca.gov.
If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any
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part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he/she
may submit, to the City, a written request via email for an interpretation or a correction thereof.
Interpretations or corrections shall be made only by addendum duly issued by the City. A copy
of such addendum will be posted on the City bid page and such addendum shall be considered
a part of, and incorporated in, the Contract Documents. Bidders are responsible for ensuring
that they have received any and all Addenda. Questions must be received in writing no later
than [TIME], [DATE], 2020 in order to provide the City sufficient time to evaluate the question
and respond. City shall respond no later than [TIME], [DATE], 2020. Questions received
after the aforementioned deadline will be deemed not received.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted in a sealed envelope plainly marked on the outside, "RFP for
Landscape Maintenance Services – Do Not Open With Regular Mail”, (Proposer’s Name)
and “[DATE] at or before [TIME]”.
All bidders must possess a State of California Contractor’s License, Class C-27, and State of
California Pesticide License, and be registered with the Department of Industrial Relations
(DIR), as defined in the contract documents at the time of bid submission to be eligible for the
award of contract. Said Licenses must be maintained in good standing throughout the term of
the contract. Failure to possess the specified licenses shall render the bid as non-responsive.
No contract will be awarded other than to a contractor properly licensed in accordance with
contract documents, and the provisions of Chapter 9, Division 3, of the Business and
Professions Code of the State of California, cited as the Contractor’s State License Law. Each
bidder shall submit a evidence of DIR Registration, active contractor’s license, and required
pesticide license with the bid documents.
The Moorpark City Council reserves the right to reject all bids.
This contract is subject to liquidated damages.
All bids must be submitted in conformance with this Notice and with Instructions to Bidders.
The Contract Documents and Specifications will be available for public inspection at the
following locations:
City of Moorpark Ventura County Contractor’s Association
www.moorparkca.gov 1830 Lockwood Street, Suite 110
Oxnard, CA 93036
FW Dodge
1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com
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INSTRUCTIONS TO BIDDERS
PROPOSAL FORMS AND SUBMITTAL
The City is soliciting cost proposals for the maintenance of certain City Landscape Maintenance
District (LMD) landscaped parkways, medians, trails, slopes, and miscellaneous properties. The
bid form includes a cost for each LMD zone and a total for combined costs.
Bids shall be submitted in writing on the forms provided by the City. Use of other forms may be
cause for rejection of bids. All information requested therein must be clearly and legibly set forth
in the manner and form indicated. Non-substantial deviations may be considered provided that
the bidder submits a full description and explanation of, and justification for, the proposed
deviations. Final determination of any proposed deviation will be made by the City in its sole
discretion. The proposal forms which must be submitted by bidders include pages 11 through
31.
SCOPE OF WORK
Scope of work to be performed under contract with the City includes, but is not limited to, labor,
services, and furnishing all materials, tools, equipment, supplies and transportation as
necessary for the performance landscape maintenance and related services as more fully
described in Appendices A, B, C, D, E, F, G, and H to the Contract contained herein.
EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS
AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE
OF WORK, AND AREAS TO BE MAINTAINED.
The bidder shall personally examine the site of the work contemplated, specifications, and
Contract Documents before submitting a bid proposal, to ascertain the existences of any
conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has
personally investigated and is satisfied as to the general and local conditions to be encountered,
the character of equipment and facilities needed preliminary to and during the prosecution of the
services, and the requirements of these specifications. It is mutually agreed that submission of
a proposal shall be considered prima facie evidence that the bidder has made such examination
and fully accepts the responsibility for the terms and conditions of the areas to be maintained
according to this contract.
PROPOSAL GUARANTEE
Bid proposals must be accompanied by a certified or cashier’s check, or bidder’s bond, made
payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year
one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made
to him/her in accordance with the terms of said bidder’s proposal, provide all licenses,
insurance, and bonds as identified in this Request for Proposal and execute a contract on the
City’s standard form.
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The proceeds of the Bond will become the property of the City if the bidder fails to or refuses to
execute the contract within fifteen (15) calendar days after the City has notified the bidder of
intent to award the bid or within fifteen (15) calendar days after notice of the award has been
sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's
bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory
bonds or evidence of insurance required in the contract construction documents within fifteen
(15) days after the bid has been awarded. The bond shall be duly executed by a surety admitted
to do business in the State of California. All bid bonds or substitutes thereof will be returned
upon timely execution of the contract and the filing of satisfactory insurance certifications and
bonds by successful bidder.
DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "RFP for
Landscape Maintenance Services – Do Not Open With Regular Mail”, (Proposer’s Name) and
“[DATE] at or before [TIME]”. Proposals may be mailed or delivered by messenger to City
Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the
bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's
designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. 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. Late proposals will not be considered.
In order to guard against premature opening, the bid must be clearly labeled with the bid title,
name of bidder, and date and time of bid opening, as stated above. Proposals will not be
opened publicly, and the City will endeavor to keep such confidential until a preferred service
provider is recommended to the City Council. A tally of names will be performed and may be
released upon request.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will
render it irregular and may cause its rejection. The completed Proposal forms shall be without
interlineations, alterations, or erasures. Bids with supplemental information or form other than
those proposed forms provided by the City will not be considered.
BID WITHDRAWAL
A bidder may withdraw his/her proposal, without prejudice prior to the time specified for the bid
opening, by submitting a written request to the City for its withdrawal, in which event the
proposal will be returned to the bidder unopened. No proposal received after the time
specified or at any place other than the place stated in the "Notice Inviting Bids" will be
considered.
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BIDDER QUALIFICATIONS
All bidders must possess the following:
1) A State of California Contractor’s License, Class C-27.
2) A Pesticide License issued by State of California Department of Pesticide Regulation
Enforcement Branch for pesticide operations to be performed. Copies of said licenses required
of bidder must be presented at the time of bid submission to be eligible for the award of
contract, and must be maintained in good standing throughout the term of the contract. If
contractor plans to utilize the services of a subcontractor to provide pesticide operations, said
subcontractor must be identified in bid proposal on the form provided. This shall include all
subcontractors; PCA (Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL
(Qualified Applicator License). Failure to possess the specified license shall render the bid as
non-responsive. No contract will be awarded other than to a contractor properly licensed in
accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code
of the State of California, cited as the Contractor’s State License Law. Each bidder shall
submit a photographic copy of its active contractor’s license and pesticide license with
the bid documents.
The City shall, before awarding a bid, verify that a contractor was properly licensed when the
contractor submitted the bid. In the event of a dispute as to the classification of license required
the opinion of the California Contractors’ State License Board shall prevail.
Bidder must obtain a City Business Registration prior to commencing work under this contract.
COMPETENCY OF BIDDERS
In addition to the bidder’s proposed compensation for services, consideration will be given to:
1. Capability and qualifications of the contractor to perform the work including,
equipment, support facilities, and qualified personnel;
2. Prior experience in performing services of similar size and scope in a competent
and consistent manner including review of references of previous and current
contracts; and
3. Financial stability and standing of contractor, and proven competency of the bidder
of the performance of the services covered by the bid.
No bid for services will be accepted from a contractor who is not licensed in accordance with
applicable State Law. No award will be made to a bidder who has not been licensed in
accordance with the provisions of the State Business and Professions Code by the date of the
award of contract.
ADDENDA
The City may, from time to time, issue Addenda to the Contract Documents. Bidders are
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responsible for ensuring that they have received any and all Addenda. Each Bidder is
responsible for verifying that it has received all Addenda issued, if any. Bidders must
acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all
Addenda may cause a Bid to be deemed incomplete and non-responsive.
DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work sites, Contract
Documents, Specifications, and by any other means as they may believe necessary, as to the
actual physical conditions, requirements and difficulties under which the work must be
performed. No bidder shall at any time after submission of a proposal make any claim or
assertion that there was any misunderstanding or lack of information regarding the nature or
amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or
discrepancies found in the Contract Documents shall be called to the attention of the City in
writing and clarified in writing prior to the submission of proposals. Neither the City nor any of its
officers, employees or servants assumes any responsibility for errors or misinterpretations
resulting from the receipt or use of an incomplete set of contract documents or addenda. The
bidder must satisfy themselves that they have received a complete set of contract documents
and addenda.
Written addenda shall be the sole means for modifying the Contract Documents prior to the bid
opening. The City shall not be bound by oral communications purportedly modifying or
interpreting the Contract Documents regardless of when or by whom such oral communications
are made and bidder should not rely upon such oral communications in preparing their bid.
DIR REGISTRATION
Bidder acknowledges that it is aware that Labor Code Section 1725.5 requires all contractors
and subcontractors to annually register with the DIR before bidding or performing work on any
public works project.
PREVAILING WAGES
Bidder must agree to abide by the requirements under Section 1770 et seq of the Labor Code of
the State of California for prevailing wages. Bidder acknowledges that this project is a public
work to which prevailing wages apply, and that a public works project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Bidders are hereby notified that pursuant to the provisions of the California Labor Code copies
of the determination of the Director of the Department of Industrial Relations of the general
prevailing rate of per diem wages for each craft, classification, or type of worker needed to
execute the work are on file and available to any interested person upon request at the Parks
and Recreation Department or on the Internet at http://www.dir.ca.gov/Public-Works/Prevailing-
Wage.html and are hereby incorporated herein and made a part hereof as though set forth in
full.
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Contractor is fully responsible to ascertain the rates of wages he/she will be required to pay
throughout the execution of all work under the contract and to comply with all regulations
pertaining to prevailing wages.
Contractor also agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California
Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and
regulations established by the DIR implementing such statutes, as though set forth in full herein,
including any applicable amendments made thereto during the term of this Agreement. For
every subcontractor who will perform work on this project, Contractor shall be responsible for
subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to
ensure subcontractor’s compliance.
AWARD OF CONTRACT
At its sole discretion, the City reserves the right to reject any or all proposals, to waive any
irregularity, and to take the bids under advisement for a period of sixty (60) days, all as may be
required to provide for the best interests of the City. In no event will an award be made until all
necessary investigations are made as to the responsibility and qualifications of the bidder to
whom the award is contemplated.
Contract award is subject to City Council Resolution No. 2019-3829 governing the procurement
of personal, professional consulting or other contractual services, the contracts for which may
be awarded without observing the bidding procedures set forth in Chapter 3.04 of the Moorpark
Municipal Code. As stated therein, “cost of service may be considered, however, the lowest cost
may not be the sole factor in deciding which firm or who shall be awarded the contract. It may
be in the City’s best interest to award the contract to a contractor who may or may not be the
lowest priced contractor based on the scope of services, availability, unique skills, staffing
levels, timing, prior experience, familiarity with the City and other factors required by the
department.” (Resolution No. 2019-3829, Section 3. Factors to Consider)
TIME FOR COMMENCEMENT AND COMPLETION
This is a twenty-four (24) month contract (July 1, 2020 through June 30, 2022), with an option
for three (3) additional one-year terms, at the City’s discretion. An Agreement in substantially the
same form as the Sample Agreement included in the Contract Documents, shall be signed by
the successful bidder and returned to the City Clerk’s Office, at Moorpark City Hall, 799
Moorpark Avenue, Moorpark, CA, together with the insurance certificates and endorsements
and contract bonds within fifteen (15) calendar days after mailing by City of the Notice of Award
of Contract. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents, using standard ISO
endorsement CG 2010 and CG 2037 with edition acceptable to the City, or equivalent as
approved by the City. Contractor also agrees to require all contractors, subcontractors, and
anyone else involved in any way with the project contemplated by this Agreement to do likewise.
The bidder warrants that he/she possesses, and has arranged through subcontracts, all capital
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and other equipment, labor, and materials to carry out and complete the work hereunder in
compliance with all applicable Federal, State, County, City and Special District laws, ordinances,
and regulations. Refusal or failure to deliver an executed Agreement, Bonds, and Insurance in
the form provided in the Contract Documents and approved by the City within fourteen (14)
calendar days, as identified above, shall be just cause, at the City’s sole option, to annul the
award. In such an event, the City may successfully award the contract to the next lowest
responsible and responsive bidder until a properly executed contract is obtained, or it may at
any time reject all remaining bids and proceed as provided by law. No bid shall be considered
binding upon the City until the execution of the Agreement by the City.
FAILURE TO ACCEPT CONTRACT
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 in accordance with the Bid Terms and Conditions, and
Special Bid Terms and Conditions if a bidder’s bond or security is required; and an award may
be made to the next lowest responsible bidder who shall fulfill every term and condition of the
bid documents.
CONTRACT ASSIGNMENT
The bidder shall not in whole or in part, assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without prior written consent of the City, which may be withheld at
the City’s sole discretion.
NON-DISCRIMINATION
In the performance of the terms of this contract, the bidder agrees that he/she will not engage in,
nor permit such subcontractors as he/she may employ, to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and veteran
status of such persons. Bidders will comply with all non-discrimination laws.
NON-COLLUSION AFFIDAVIT
Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and
submitted with bid on the form provided in the bid package.
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PROPOSAL FOR
LANDSCAPE MAINTENANCE SERVICES
TO THE CITY OF MOORPARK, as City:
In accordance with Agency’s Notice Inviting Sealed Bids, and the instructions to bidders, the
undersigned bidder hereby proposes to furnish all materials, equipment, tools, labor,
transportation and incidentals required for the above stated project as set forth in the Contract
Documents and to perform all work in the manner and time prescribed therein.
Bidder declares that this proposal is based upon careful examination of the work sites and all
contract documents. If this proposal is accepted for award, bidder agrees to enter into a
contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule.
Bidder understands that failure to enter into a contract in the manner and time prescribed will
result in forfeiture to Agency of the guarantee accompanying this proposal.
Bidder understands that a bid amount is required in a manner set forth in the Bid Schedule
solely for the purpose of comparing bids, and that final compensation under the contract will be
based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE
RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR
DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all
appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts
bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the bidder’s default
in executing the required contract and filing the necessary bonds and insurance certificates
within fourteen (14) days, not including Saturdays, Sundays and legal holidays, after the Agency
has mailed notice of the award of contract to the bidder, this bid and the acceptance hereof
may, at the Agency’s option, shall be considered null and void.
Contractor’s Name____________________________________________
Authorized Signature__________________________________________
Signer’s Title________________________________________________
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BID SCHEDULE
ZONES 12, 15, 16, 18, 20, 21
ZONE 12 - CARLSBERG
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 12 Parkways:
Parkway(s): East side of Miller Parkway from
Patriot Drive southerly to Tierra Rejada Road.
Sidewalk and planters.
Parkway(s): West side of Miller Parkway from
Patriot Drive southerly to Tierra Rejada Road.
Sidewalk and planters.
Hillside(s): West side of Miller Parkway across
from Olive Street. East side of Miller Parkway
from Stagecoach to Miller Park. East side of
Miller Parkway from Shawnee north to the flow
basin. East side of Miller Parkway from Patriot
Drive north to mid-point between Southfork and
Stagecoach (approx. 15’ width entire length).
Natural areas.
Parkway(s): North side of Tierra Rejada Road
from Spring Road to the south bound State
Route 23 off-ramp. Sidewalk and planters.
Hillside(s): North side of Tierra Rejada Road
between the 118 Freeway southbound off-ramp
easterly to a location approximately 300’ east
of Miller Parkway. Natural areas.
Planter(s): North side of Tierra Rejada Road
between Miller Parkway and Spring Road,
including the area between the back of
sidewalk to v-ditch. Sidewalk, planters and
natural area.
Parkway(s) and slope(s): East side of Spring
Road from Tierra Rejada Road northerly to a
point approximately 600’ south of Peach Hill
Road. Slope landscape area from Tierra
Rejada Road northerly approximately 1,000’.
Sidewalk, turf, planters and natural areas.
400,753 s.f. $ $
2. Zone 12 Median Islands:
Median islands(s): Miller Parkway between Los
Angeles Avenue and Peach Hill Road.
Median islands (s): Miller Parkway between
Peach Hill Road and Tierra Rejada Road
130,680 s.f. $ $
TOTAL ZONE 12: $ $
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ZONE 15 – MOORPARK COUNTRY CLUB ESTATES
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 15 Parkways:
Parkway(s), planter(s) & multi-use trail(s):
South side of Championship Drive between
curb and south side of multi-use trail from
Walnut Canyon Road westerly to Grimes
Canyon Road. Sidewalk, multi-use trail, turf
and planters.
Entry statement areas and parkway(s): North
and south side of Championship Drive at
Walnut Canyon Road and Grimes Canyon
Road. Sidewalk, turf and planters.
Multi-use trail(s): Decomposed granite multi-
use trails from Walnut Canyon Road westerly
to Grimes Canyon Road and southerly parallel
to Grimes Canyon Road to the staging area.
Decomposed granite multi-use trails from
Championship Drive southerly approximately
750’ to the end of the debris basin.
Staging Area: Gravel parking area adjacent to
Grimes Canyon Road.
382,270 s.f. $ $
2. Zone 15 Medians:
Median(s): Median islands at Championship
Drive and Walnut Canyon Road.
Median(s): Median islands at Championship
Drive and Grimes Canyon Road.
9,770 s.f. $ $
3. Zone 15 Trail and Detention Basin:
Trail Championship Drive from Augusta Drive
to Grimes Canyon Road (59,602 s.f.)
Detention Basin Lot I Championship Drive, east
of Augusta Drive. (51,438 s.f.)
111,040 s.f. $ $
TOTAL ZONE 15: $ $
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ZONE 16 – MOUNTAIN VIEW
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 16 Parkways:
Parkway(s): West side of Gisler Road from
Poindexter Avenue southerly to Olympus
Street. Sidewalk, vines and planters.
Parkway(s): West side of Fuji Street and West
side of Reyes Street at property line. Sidewalk,
vines and planters.
Parkway(s): South side of Poindexter Avenue
between Gisler Road and westerly property
line. Sidewalk, tree wells, vines and turf
17,424 s.f. $ $
TOTAL ZONE 16: $ $
ZONE 18 – MOONSONG
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 18 Parkways and Basins:
Parkway(s): North side of Los Angeles Avenue
between Flory Street and Millard Street.
Sidewalk, turf, vines and planters.
Parkway(s) & basin(s): East side of Flory
Street from Los Angeles Avenue to northerly
property line. Sidewalk, vines and planters.
21,780 s.f. $ $
TOTAL ZONE 18: $ $
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ZONE 20 – MERIDIAN HILLS - PHASE 1
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 20 Median Landscape:
Median islands, including pavers, on Meridian
Hills Drive from Walnut Canyon Road to
Ridgemark Drive.
15,754 s.f.
$ $
2. Zone 20 Multi-Use Trail:
Decomposed granite multi-use trail from
Ridgemark Drive easterly to the VCWPD basin
and from the VCWPD basin northerly to the
southern end of the debris basin adjacent to
Championship Drive.
30,120 s.f. $ $
3. Zone 20 Tract 5405 Lots A & B:
Parkways on west side of Walnut Canyon
Road between the southerly property line of
Tract 5405 and the NPDES Basin. Parkways,
vines and planters.
2,800 s.f. $ $
4. Zone 20 Tract 5405 Lot C:
Slope area at the southerly end of Tract 5405
including bioswale and inlet.
6,880 s.f. $ $
5. Zone 20 Walnut Canyon Road
Streetscape Landscape:
Parkways on west side of Walnut Canyon
Road from the southern border of the NPDES
Basin to the northern border of the VCWPD
Basin.
7,680 s.f. $ $
6. Zone 20 Meridian Hills Drive Parkway:
Parkways on north and south side of Meridian
Hills Drive from Walnut Canyon Road to
Ridgemark Drive. Turf, vines and planters.
18,660 s.f. $ $
7. Zone 20 Manufactured Slopes Below
Meridian Hills Drive:
Slope and landscaped areas adjacent to the
south side of Meridian Hills Drive from
Ridgemark Drive to Walnut Canyon Road,
including entry statement areas at Walnut
Creek Drive. Turf, vines, planters and
landscaped areas.
198,400 s.f. $ $
8. Zone 20 Manufactured Slopes Above
Meridian Hills Drive:
Slope and landscaped areas on the north side
of Meridian Hills Drive from Ridgemark Drive to
Walnut Canyon Road, including entry
statement areas at Walnut Creek Drive and
slopes and landscape areas adjacent to the
project monument southwest of the VCWPD
100,275 s.f. $ $
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basin. Turf, vines, planters and landscaped
areas.
9. Zone 20 Manufactured Slopes North
Walnut Canyon Road:
Slopes adjacent to the west side of the
VCWPD Basin and adjacent to the west side of
the Walnut Creek Basin.
97,320 s.f. $ $
10. Zone 20 Manufactured Slopes South
Walnut Canyon Road:
Slope adjacent to the west side of Tract 5405.
81,680 s.f. $ $
11. Zone 20 Walnut Canyon Road NPDES
Basin:
Slopes, bottom and access road of NPDES
Basin at the southwest corner of Meridian Hills
Drive and Walnut Canyon Road.
66,200 s.f. $ $
12. Zone 20 Project Interior NPDES Basin:
Slopes, bottom and access road of NPDES
Basin west of the recreation center.
62,500 s.f. $ $
TOTAL ZONE 20 PHASE 1: $ $
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ZONE 20 – MERIDIAN HILLS - PHASE 2 *
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1.* Zone 20 Median Landscape:
Median islands, including pavers, on Meridian
Hills Drive west of Ridgemark Drive.
8,471 s.f. $ $
2.* Zone 20 Multi-Use Trail:
Decomposed granite multi-use trail west of
Ridgemark Drive.
11,880 s.f. $ $
3.* Zone 20 Meridian Hills Drive Parkway:
Parkways on north and south side of Meridian
Hills Drive west of Ridgemark Drive. Turf,
vines and planters.
5,340 s.f. $ $
4.* Zone 20 Manufactured Slopes Below
Meridian Hills Drive:
Slope and landscaped areas adjacent to the
south side of Meridian Hills Drive west of
Ridgemark Drive. Turf, vines and planters.
109,700 s.f. $ $
5.* Zone 20 Manufactured Slopes Above
Meridian Hills Drive:
Slope and landscaped areas on the north side
of Meridian Hills Drive west of Ridgemark
Drive. Turf, vines and planters.
169,060 s.f. $ $
6.* Zone 20 Trail Head Staging Area:
Trail head staging area west of Ridgemark
Drive. Landscape and parking areas.
59,000 s.f. $ $
TOTAL ZONE 20 PHASE 2*: $ $
* Landscape maintenance services for areas designated with an asterisk (*) shall not begin without
prior written City approval. The Contractor’s bid amount for these areas shall be deducted from the
total monthly compensation paid to Contractor until such time that the City directs the Contractor to
begin landscape maintenance service in these areas.
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ZONE 21 – SHEA – CANTERBURY & IVY LANE
DESCRIPTION SIZE Monthly Bid
Amount
Annual Bid
Amount
1. Zone 21 Parkways & Planters:
Parkway, planters, vines and sidewalks: South
side of Los Angeles Avenue; east and west
sides of Millard Street. East and west sides of
Edenbridge Road Western perimeter Parkway
planter Millard Street
8,712 s.f. $ $
TOTAL ZONE 21: $ $
BID SUMMARY – ZONES 12, 15, 16, 18, 20 & 21
Total Monthly Bid Total Annual Bid
TOTAL ZONE 12:
(Carlsberg) $ $
TOTAL ZONE 15:
(Moorpark Country Club Estates) $ $
TOTAL ZONE 16:
(Mountain View) $ $
TOTAL ZONE 18:
(Moonsong) $ $
TOTAL ZONE 20 - PHASE 1:
(Meridian Hills) $ $
TOTAL ZONE 20 PHASE 2*:
(Meridian Hills) $ $
TOTAL ZONE 21:
(Shea – Canterbury & Ivy Lane) $ $
TOTAL BID ALL ZONES: $ $
• Property sizes and locations listed are approximate and for reference only. Contractor shall
field verify actual size and location.
• Price must include labor, materials, and equipment to perform work, in accordance with the
contract documents and specifications.
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• The City reserves the right to discontinue landscape maintenance services at any of the
locations listed, at any time. The contractor’s monthly bid amount shall remain in effect for
all other areas until the Agreement with the City and contractor has been terminated.
• Landscape maintenance services for areas designated with an asterisk (*) shall not begin
without prior written City approval. The Contractor’s bid amount for these areas shall be
deducted from the total monthly compensation paid to Contractor until such time that the City
directs the Contractor to begin landscape maintenance service in these areas.
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BIDDER'S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder's Name: ________________________________________________
Type of Firm: ______ Individual; _____ Partnership; _____ Corporation
Business Address: _____________________________________________
_____________________________________________________________
Telephone: ___________________________________________________
State Contractor's License No. and Class(es): ______________________
_____________________________________________________________
Original Date Issued: ______________ Expiration Date: ______________
Bidders or Subcontractor’s State Pesticide License No.; list categories and “type” of license(s).
1) ________________________________Expiration Date: _________________________
2) ________________________________Expiration Date: _________________________
3) ________________________________Expiration Date: _________________________
If Bidder intends to use a subcontractor for any pesticide services described in the Scope of
Services, information related to the subcontractor must be disclosed on Subcontractor Form.
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and/or corporate officers having a principal interest in this
proposal:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
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293
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal are as follows:
________________________________________________________
________________________________________________________
All current and prior DBA's, alias, and/or fictitious business names for any principal having an
interest in this proposal are as follows:
________________________________________________________
________________________________________________________
IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles,
hands, and seals of all forenamed principals this __________ day of ______________, 2020.
Bidder ____________________________________________________________
__________________________________________________________________
__________________________________________________________________
Subscribed and sworn to this ________ day of ______________, 2020 _______
NOTARY PUBLIC ___________________________________________________
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CONTRACTOR’S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for
which bidder has performed landscape maintenance and pesticide operations services, of
similar size, price, and scope to those considered by this RFP, within the past two years:
1. Name of Organization: _____________________________________________________
Address: _________________________________________________________________
Contact Person: ______________________________ Phone #:___________________
Contact Email: ____________________________________________________________
Contract Amount: ____________________ Acreage Under Contract: ___________
Contract Period (start/end date):__________________/___________________
Description of landscape services and maintenance program performed:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Name of Organization: _____________________________________________________
Address: _________________________________________________________________
Contact Person: ______________________________ Phone #:___________________
Contact Email: ____________________________________________________________
Contract Amount: ____________________ Acreage Under Contract: ___________
Contract Period (start/end date):__________________/___________________
Description of landscape services and maintenance program performed:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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3. Name of Organization: _____________________________________________________
Address: _________________________________________________________________
Contact Person: ______________________________ Phone #:___________________
Contact Email: ____________________________________________________________
Contract Amount: ____________________ Acreage Under Contract: ___________
Contract Period (start/end date):__________________/___________________
Description of landscape services and maintenance program performed:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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296
SUBCONTRACTORS
The undersigned submits herewith a list of subcontractors who will perform any work described
in the Scope of Services.
Name Under Which
Subcontractor is
Licensed
License No. & Class (or
categories)
Business Address and
Phone
Specific Description of
Subcontract and Portion of
the Work to be Done
1)
2)
3)
Bidder may attach additional sheets as needed. Additional subcontractors shall be listed in the
same format as above.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts and subcontracts with other public entities, all
reports which may have been due under the requirements of any Agency, State, or Federal
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297
equal employment opportunity orders have been satisfactorily filed, and that no such reports are
currently outstanding.
NON-COLLUSION AFFIDAVIT
Bidder declares that the only persons or parties interested in this proposal as principals are
those names herein; that no officer, agent, or employee of the City of Moorpark is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collision or fraud.
AFFIRMATIVE ACTION CERTIFICATION
Bidder certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to inspection,
and that said affirmative action will remain in effect for the life of any contract awarded
hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal
employment opportunity requirements of the contract documents.
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298
CONTRACTOR'S CERTIFICATE
REGARDING WORKERS' COMPENSATION
WORK IDENTIFICATION: LLMD Landscape Maintenance Services
Labor Code Section 3700, in pertinent part, provides:
"Every employer except the state shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Relations of ability to self-insure and to pay any compensation that may
become due to his employees."
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-assurance 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.
Dated: ______________ Contractor: ___________________________
By: __________________________________
Title: _________________________________
(In accordance with California Labor Code Section 1860, et seq., the above Certificate must be
signed and filed with the Agency prior to performing any work under the Agreement.)
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NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
In accordance with Public Contract Code Section 7106, the undersigned declares:
I am the ______________________ of ____________________, the party making the
foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The Bid is genuine and not collusive or
sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a
false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or
agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. 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. All statements
contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, Bid depository, or
to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will
not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ___________ [date], at
___________________________________________ [city], ______________________ [state].
Signature:
Printed Name:
Signature:
Printed Name:
This form must be notarized.
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300
EQUAL OPPORTUNITY CERTIFICATE
THE BIDDER’S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES,
WHICH ARE A PART OF THIS PROPOSAL.
The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not
participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as
required by Executive Orders 11246, entitled “Equal Employment Opportunity” as amended by
Executive Order 11375, and supplemented by Department of Labor Regulations 41 CFR, Part 60,
and that, where required, the bidder has filed with the Joint Reporting Committee, the Director of
the Office of Federal Contract Compliance, a Federal Government contracting or administering
agency, or the former President’s Committee on Equal Employment Opportunity, all reports due
under the applicable filing requirements.
Name of Bidding Company
Authorized Signature
Title
Date
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301
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner
(“Owner”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial
Relations for the work or craft in which the worker is employed for any public work done under the contract by
Contractor or by any subcontractor.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records
available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records.
Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the
employment of apprentices on public works projects, and further agrees that Contractor is responsible for
compliance with Section 1777.5 by itself and all of its subcontractors.
5. Contractor acknowledges that eight (8) hours of labor shall constitute a legal day’s work for all workmen
employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part
7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the
California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the
payment of compensation to its employees. In accordance with the provisions of California Labor Code Section
1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature: Date:
Printed Name:
Company:
Title:
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302
Bond No. _________
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Moorpark (“Public Agency”), has issued an invitation for Bids for the Work
described as follows: Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 and 21
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a Bid to Public Agency for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held
and firmly bound unto the Public Agency in the penal sum of
Dollars ($
), being not less than ten percent (10%) of the total Bid
price, in lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded
the Contract for the Work by the Public Agency and, within the time and in the manner required by the
bidding specifications, enters into the written form of Contract included with the bidding specifications,
furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment
for labor and materials), and furnishes the required insurance coverage, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the
Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby
waives the provisions of Civil Code Section 2845.
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303
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed by
its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
By:
Its:
“Surety”
By:
Its:
By:
Its:
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as
attorney-in-fact must be attached.
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SAMPLE AGREEMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
____________________, FOR ______________________
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2020, between the City of Moorpark, a municipal corporation
(“City”) and ______________________, a ___________ (“Contractor”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for ___________________________ services; 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, Contractor has submitted to City a Proposal dated
_______________________, which is attached hereto as Exhibit _____.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of City Council approval on ________
and will expire on __________, unless this Agreement is terminated or suspended pursuant to
this Agreement.
Upon the mutual consent and written amendment to this Agreement executed by both
parties, the term of this Agreement may be extended by three (3) additional one (1) year
periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a contractual
capacity to provide ___________________________ services, as set forth in Exhibit ___. In
the event there is a conflict between the provisions of Exhibit ___ and this Agreement, the
language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit ___. Contractor shall
complete the tasks according to the schedule of performance, which is also set forth in
________________________.
Compensation for the services to be performed by Contractor shall be in accordance with
______________________. Compensation shall not exceed the rates or total contract value of
_________________________________ dollars ($_________.__) as stated in
____________________, without a written amendment to the agreement executed by both
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parties. Payment by City to Contractor shall be in accordance with the provisions of this
Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply, and that a public work project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to
comply with and be bound by all the terms, rules and regulations described in (a) Division 2,
Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including
without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
DIR implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor who will
perform work on this project, Contractor shall be responsible for subcontractor’s compliance with
(a) and (b), and Contractor shall take all necessary actions to ensure subcontractor’s
compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually
register with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, 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.
4. 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 City and Contractor
shall be _________________________, and no other individual may be substituted without the
prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City Manager’s
designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before
payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in ______________, based upon actual time
spent on the above tasks. This amount shall not exceed __________________________
dollars ($_______.__) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
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Contractor shall not be compensated for any additional services rendered in connection
with its performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both parties. The
City Manager, if authorized by City Council, may approve additional work not to exceed ten
percent (10%) of the amount of the Agreement.
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 City Manager. If the City disputes any of Contractor’s fees or expenses it shall give written
notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the
invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days
prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination or
suspension, provided that the work performed is of value to the City. Upon termination or
suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to
the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
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,
City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate or suspend 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.
If the City Manager or the City Manager’s designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, designee shall
cause to be served upon the Contractor a written notice of the default. The Contractor shall
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have five (5) 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 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. 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 City Manager, Contractor shall
forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150)
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. Progress payments made by
the City after the above specified completion date shall not constitute a waiver of liquidated
damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City 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 City or the
City’s designees at reasonable times to such books and records; shall give the City the right to
examine and audit said books and records; shall permit City 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 without cause 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 City and may be used, reused,
or otherwise disposed of by the City without the permission of the Contractor. With respect to
computer files, Contractor shall make available to the City, at the Contractor’s office and upon
reasonable written request by the City, the necessary computer software and hardware for
purposes of accessing, compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its officers,
employees, and agents (“City Indemnitees”) from and against any and all causes of action,
claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees
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and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations
under this Agreement or out of the operations conducted by Contractor, including the City’s
active or passive negligence, except for such loss or damage arising from the sole negligence or
willful misconduct of the City. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from Contractor’s performance of this
Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees
incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth 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 City to
monitor compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City
as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive
the termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, 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.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City 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, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests.
City shall, in its sole discretion, determine whether such assurances are reasonable.
11. 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.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City 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 City nor any of its officers,
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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 City. Contractor shall not incur or have the power
to incur any debt, obligation, or liability against City, or bind City 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, City
shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, 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, including but not limited to the Americans with Disabilities Act and
Occupational Safety and Health Administration laws and regulations. The City and Contractor
shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable.
The City, 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.
14. 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 disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status of such person; or any other basis protected by applicable federal, state, or local
law, except as provided in Section 12940 of the Government Code. The Contractor shall have
responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735].
15. 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 City 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 City 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 City to any and all remedies at law or in equity.
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16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Services during
his/her tenure or for one (1) 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 Services performed under this Agreement.
17. 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 City and for a one (1) year time period
following termination of this Agreement.
18. 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: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: ___________________
___________________
___________________
___________________
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.
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19. 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 City in order that proper steps may be taken to have the
change reflected in the Agreement documents.
20. 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.
21. 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.
22. 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 City 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.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any alleged
breach of any provision of this Agreement, the prevailing party shall be entitled to recover its
costs and expenses from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain 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.
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25. 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.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any, and
this Agreement shall take precedence over those contained in the Contractor’s Proposal.
28. 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.
29. 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.
30. 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.
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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 __________________________________
By:_______________________________ By:_______________________________
Troy Brown, City Manager _____(Name)_________________(Title)_
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of 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 requirements set forth
here, Contractor agrees to amend, supplement or endorse the existing coverage 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 the
City in excess of the limits and coverage required in this Agreement and which is applicable to a
given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO) “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 for all covered losses and no less than $2,000,000 general 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 Contractor owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If Contractor or
Contractor’s employees will use personal autos in any way on this project, Contractor shall
provide evidence of personal auto liability 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.
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. Coverage shall be
provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.
Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to the City for injury to employees of Contractor, subcontractors or others involved in
the Work. The scope of coverage provided is subject to approval by the City following receipt of
proof of insurance as required herein. Limits are subject to review.
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 of VII.
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General conditions pertaining to provision of insurance coverage by Contractor. Contractor and
the City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds the City, its officials, employees, and
agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable
to the City. Contractor also agrees to require all contractors and subcontractors to do
likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation
prior to a loss. Contractor agrees to waive subrogation rights against the City regardless
of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor 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 City or its operation limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include limiting endorsement of any kind that has not been first submitted to the City
and approved 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 of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect the City’s protection without the City’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 Contractor’s general liability policy, shall be delivered to city 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 or reduced at any time and no
replacement coverage is provided, the City 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 the City shall be charged to and
promptly paid by Contractor or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any
cancellation or reduction of coverage. Contractor agrees to require its insurer to modify
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such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation or reduction of coverage 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 Contractor or any subcontractor, is intended to apply first and on a
primary, non-contributing basis in relation to any other insurance or self-insurance
available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the
Work who is brought onto or involved in the Work by Contractor, provide the same
minimum insurance required of Contractor. Contractor agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided
in conformity with the requirements of this section. Contractor agrees that upon request,
all agreements with subcontractors and others engaged in the Work will be submitted to
the City for review.
11. 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 contemplated by this Agreement to self-insure its
obligations to the City. If Contractor’s existing coverage includes a deductible or self-
insured retention, the deductible or self-insured retention must be declared to the City. At
that time, the City 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.
12. The City reserves the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Contractor 90 days advance
written notice of such change. If such change results in substantial additional cost to the
Contractor, the City will negotiate additional compensation proportional to the increased
benefit to the City.
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. Contractor acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Contractor of non-compliance with an insurance requirement in no way
imposes any additional obligations to the City nor does it waive any rights hereunder in
this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, 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
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terminated for any reason. Termination of this obligation is not effective until the City
executes a written statement to that effect.
16. Contractor 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 Contractor’s insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specification applicable to the renewing or new
coverage must be provided to the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the obligations
of Contractor under this Agreement. Contractor expressly agrees not to use any statutory
immunity defenses under such laws with respect to the City, 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 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 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 or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or Contractor for
the cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to the City. It is not the intent of the City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against the City for payment of premiums or other amounts with respect
thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City 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 the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage
for Architects or Engineers on this project, when required by City. City shall determine the
liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its
citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply
to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail
with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf
of, the contractor pursuant to the contract for a public works project and payment for which is
not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who has entered into a
direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State
University, the University of California, a city, including a charter city, county, including a charter
county, city and county, including a charter city and county, district, special district, public
authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned
by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
contract with a contractor or is a lower tier subcontractor.
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(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45
days, shall provide the claimant a written statement identifying what portion of the claim is
disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor
may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, the public entity shall have up to three days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the
claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the public entity issues its written statement. If the public entity fails to issue a
written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days
for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion that
is undisputed. Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. Any disputed portion of
the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity
and claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a mediator,
each party shall select a mediator and those mediators shall select a qualified neutral third party
to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and
costs charged by its respective mediator in connection with the selection of the neutral mediator.
If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to
applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an
evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties’ dispute.
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(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall
result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the
public entity’s failure to have responded to a claim, or its failure to otherwise meet the time
requirements of this section, shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7
percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against
a public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim.
Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original
contractor did not present the claim, provide the subcontractor with a statement of the reasons
for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for
any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as
applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute
resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and
procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
(Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of
January 1, 2020, by its own provisions.)
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APPENDIX A
EXECUTION OF CONTRACT
Contractor shall execute the Agreement within fifteen (15) days from the date of delivery
of the Contract Documents to the Contractor. Additionally, Contractor shall also secure
all insurance and Bonds as herein specified, and provide copies to the City, within fifteen
(15) Days from the date of delivery of the Contract Documents to the Bidder. Failure or
refusal to execute the Agreement or to conform to any of the stipulated requirements
shall be just cause for the annulment of the award.
The Contractor shall not begin Work until it has given the City evidence of all required
insurance coverage (including all additional insured endorsements), and a Bond
guaranteeing the Contractor’s faithful performance of the Contract.
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter
("City") and ___________________ _________________________________ (hereinafter
"Contractor") have entered into an Agreement dated _____________________, 2020, for work
identified as " " which Agreement is hereby
incorporated into and made a part hereof; and.
WHEREAS, said Contractor, is required to furnish a bond in connection with said contract,
providing for the faithful performance thereof;
NOW, THEREFORE, we, the Contractor, as Principal, and _____________________________,
a corporation organized and existing under the laws of the State of ________________ and
duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City, as Obligee, in the sum of
______________________________Dollars ($_____________) lawful money of the United
States of America, said sum being not less than one hundred percent (100%) of the estimated
amount payable by the said Obligee under the terms of the contract for which payment well and
truly to be made, the said principal and the said surety, bind ourselves and our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Principal, his or its heirs,
executors, administrators, successors or assigns, his or its subcontractors, shall perform and
fulfill all the undertakings, covenants, terms, conditions of said Agreement during the original
term of the Agreement, and any and all duly authorized extensions thereof, with or without
notice to the Surety, and during the life of any guaranty required under the contract, and shall
also perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any
and all duly authorized modifications of said contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived, then this obligation shall be void and of
no effect.
In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in
addition to the face amount hereof, costs and reasonable attorney's fees incurred by the Agency
in successfully enforcing said obligation.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of
_________________, 2020.
{SIGNATURES NEXT PAGE}
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(Corporate Seal) ________________________________
(Principal)
Notarial Certificate
Attached
By______________________________
________________________________(Title)
(Corporate Seal) ________________________________
(Surety)
Notarial Certificate
Attached
By______________________________
________________________________
(Title)
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PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN
THE SPACE PROVIDED BELOW
SURETY – Contact Information
______________________________________
Attn:__________________________________
Address:_______________________________
City State Zip___________________________
Phone #:_______________________________
BROKER – Contact Information
____________________________________
Attn:________________________________
Address:_____________________________
City State Zip _________________________
Phone# ______________________________
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SAMPLE INSURANCE FORMS
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APPENDIX B
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m.
(“working hours”), with the exceptions noted. No work shall be performed on
Saturday, Sunday, or City approved holidays, or outside of these specified times
or without prior written approval from the representative designated by the City
(herein after referred to as “City Representative”), except for emergency situations,
or unless otherwise indicated in this Contract. Contractor must notify the City
Representative within twenty-four (24) hours in the event of emergency work.
2. Contractor shall be responsible for any costs incurred by the City including, but not
limited employee's hourly rate of One Hundred Five dollars ($105.00) per hour and
any related costs for any City approved work performed by Contractor on
weekends and/or holidays which may require verification and inspection by a City
employee.
3. The Contractor shall have staff available by phone contact (not an answering
service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to
call outs, questions, and verification of schedules. Contractor shall also provide a
24-hour emergency contact phone number (not an answering service) for non-
working hours, including weekends and holidays.
4. Non-working City holidays include: New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have
personnel in place and carrying out the responsibilities of this Contract on all other
City holidays if they fall on a weekday.
5. After notification of award and prior to the start of any work, Contractor shall
submit to City for approval a proposed maintenance schedule. The schedule shall
include, but not be limited to a list of all activities specified in this Agreement, with
respective days of the week and day of time said activities will be performed by
location. Once approved in writing by the City, any revisions to the approved
schedule must be authorized in writing by the City.
6. The use of leaf blowers or air broom is prohibited, except between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday.
B. SUPERVISION:
1. Contractor shall provide a minimum of one (1) half-time on-site landscape
maintenance supervisor, fully trained in all aspects of landscape maintenance and
repair, and a minimum of one (1) full time on-site irrigation technician. Said
supervisor (s) and technician (s) shall have a minimum of seven (7) years of
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experience at the supervisory and technician level. Fourteen (14) days prior to the
start of any work, the Contractor shall submit to the City information that
demonstrates the supervisor’s and technician’s qualifications for City review and
approval. During the term of the Contract, the City Representative shall approve
any changes to the landscape maintenance supervisor position and irrigation
technician positions.
2. The landscape maintenance supervisor shall remain on site for a minimum of
twenty (20) hours per week, except as required to obtain equipment and supplies
necessary for regular maintenance activities, and to attend company meeting and
events necessary during the normal course of business.
3. Contractor shall have an on-site supervisor(s) and irrigation technician (s) capable
of communicating effectively both in written and oral English, at all times during the
term of the Contract. Any communication from the City to the Contractor’s on-site
supervisor(s) or irrigation technician(s) shall be deemed as delivered to the
Contractor.
4. Contractor shall endeavor to maintain excellent public relations at all times. The
work shall be conducted in a manner which will cause the least possible
interference and disturbance to the public. Work shall be performed by competent
employees and supervised by a person(s) experienced in supervising landscape
maintenance operations.
5. Contractor shall ensure that its employees are dressed in a company uniform shirt
recognizable as Contractor’s.
C. COMMUNICATION/EMERGENCY RESPONSE:
1. Contractor shall have the ability to contact their field crews within fifteen (15)
minutes of notification by City Representative during normal working hours.
2. Contractor shall provide capabilities for twenty-four (24) hours per day, seven (7)
days a week service. Contractor shall provide a 24-hour emergency contact
person, who is familiar with the City’s maintenance operation, with phone number
(not an answering service) for non-working hours, including weekends and
holidays.
3. During an after-hours emergency situation, the Contractor shall provide on-the-job
response time of no more than one (1) hour maximum upon notification by City.
D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at
contractor’s sole expense, shall furnish all necessary equipment, supplies, and materials
of good quality and in the amounts necessary to fulfill these specifications and to
accomplish an acceptable and professional level of maintenance, as determined by City.
Quality and specifications of materials to be provided by Contractor must be approved by
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the City Representative. These supplies and materials shall include, but not be limited to:
1. All necessary fuel, oil, equipment, machinery, and parts.
2. All necessary pesticides including herbicides, insecticides, fungicides and
rodenticides and all necessary licenses.
3. All necessary fertilizers and soil amendments.
4. INTENTIONALLY LEFT BLANK
5. All necessary horticultural supplies and landscape tools.
6. All parts necessary for the repair and proper maintenance of all irrigation systems.
7. All materials are to be new and identical to existing materials model and make,
unless directed otherwise by the City Representative.
E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully
responsible for any and all damage to City property resulting from the Contractor's
operations. This shall include, but not be limited to, the repair, removal and replacement,
at Contractor's expense, of shrubs, trees, vines, turf grass, irrigation system, ground
cover or other landscape items that are lost or damaged due to negligence in pest and
disease control practices; and/or due to improper watering, fertilizing, herbicide damage,
or lack of proper maintenance and operations. This shall also include any damage to
buildings, infrastructure, hardscape, and other improvements due to Contractor's
negligence. The City Representative shall determine negligence. The City shall be
responsible for replacing any plant material that has been damaged or destroyed as a
result of acts of vandalism and or theft.
F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified
minimum 48 hours in advance prior to commencing work that involves digging
underground. This notification is required for each location said work is performed.
Written Verification of such notification shall be provided to the City Representative prior
to commencing work.
G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to the
relevant utility company, as well as the City. The cost of the repair, if required, will be at
the Contractor’s expense. If damage occurs to any landscape material or irrigation
system, immediate treatment or necessary replacement of the same shall be at the
Contractor’s sole expense.
H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private
property, the Contractor shall notify, in writing, each affected property owner or
responsible person, informing him of the nature of, and the approximate duration of, the
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restriction. Contractor shall also provide a copy of said notification to City Representative
prior to commencing such work.
I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall
be responsible for the protection of all improvements adjacent to the work, such as
sprinklers, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks,
street paving, etc., located on either public or private property. If any improvements are
removed or damaged, other than those designed for removal, then such improvements
shall be replaced in kind at the Contractor’s sole expense and to the City’s satisfaction,
within 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the
City will make the repairs and deduct the cost of such repairs, plus 15% administrative
costs, from the Contractor’s monthly bill.
J. TRAFFIC CONTROL:
1. Contractor shall conform to all California Vehicle Code and CAL OSHA
requirements and operating rules at all times this Contract is in effect. Contractor
shall obtain an annual City Encroachment Permit and adhere to such conditions
for street work. Contractor shall conduct all work in a manner that will insure
continuous traffic flow on the street at all times. In situations where it is necessary
to restrict traffic flow, the Contractor shall contact the City Public Works Inspector
prior to start of work. Contractor shall be responsible for supplying and using all
safety equipment necessary to close or delineate traffic lanes to through traffic.
This is to include a high visibility arrow board. Prior to closing lanes and/or
interfering with the flow of traffic, Contractor shall seek the approval of the City
Representative. 24 hour notification is required. City shall set days of the week
and times when traffic lanes may be closed.
2. Signs used for handling traffic during the course of this project shall be in
accordance with the “Work Area Traffic Control Handbook” (WATCH) published by
Building News, Inc., and made a part of these detailed specifications. The method
in which signs, barriers, and other miscellaneous traffic devices are used during
construction shall be in accordance with the publication mentioned. A copy of said
publication is on file at the Moorpark Public Services Facility. All signs shall be
illuminated or reflectorized when they are used during hours of darkness. All
cones, pylons, barricades, or posts used in the diversion of traffic shall be provided
with flashers or other satisfactory illumination if in place during hours of darkness.
3. Payment for maintenance of traffic and detours and for conforming to all the
provisions of these specifications, unless otherwise specified and itemized in the
bid schedule, shall be considered to be included in the Contract unit or lump sum
prices paid for various items of work wherein maintenance of traffic and detours is
required, without additional compensation.
4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars
($150.00) for each reported/observed violation that the Contractor fails to conform
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to any California Vehicle Codes, CAL OSHA requirement or traffic control measure
as described in J, Traffic Control, Items 1 and 2.
K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City
encroachment permit.
L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of
this Contract that are listed on subcontractor(s) form submitted with the bid documents.
All submitted subcontractors shall be licensed and only provide the work listed and
licensed to perform. The City reserves the right to reject the services of any
subcontractor for any reason, and at any time during the performance of this Contract.
M. HAZARDOUS WASTE AND NPDES REQUIREMENTS:
1. Contractor shall comply with Standards of CAL OSHA and the American National
Standard Institute, Z133.1.1988 Safety Requirements in the performance of all
work under this Contract. The Contractor shall conduct the work required in such
a manner as to cause the least amount of interference to the public and the
general operations of the City.
2. Contractor shall be responsible for compliance will all Federal and State
hazardous waste and materials requirements, codes and laws. Any situations
involving the use of, or observance of, hazardous waste or materials shall be
reported to the City immediately.
3. Contractor shall be responsible for compliance with all Federal, State and local
requirements, codes and law regarding National Pollutant Discharge Elimination
System (NPDES). Information and specifications can be found in the document
entitled, “Stormwater Pollution Control Guidelines For Construction Sites,” which
by reference is a part of these specifications and is available for review at the
Moorpark City Hall front counter.
4. Contractor shall implement all necessary steps to ensure the methods and
practices it uses to carry out its responsibilities under this contract comply with
NPDES, including but not limited to: maintaining a clean work site; properly
disposing of all debris; appropriate storage of materials; managing and operating
vehicles and equipment in a manner to prevent leaks and spills; preventing
pollution of the storm drain system during import, export, stockpiling, and
spreading of landscape debris and materials, and preventing and controlling the
discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides,
solvents, cleaning solutions, and other chemicals.
N. INSPECTION TOUR, PUNCH LIST AND SCHEDULE: The Contractor shall accompany
the City Representative on a, no less than weekly, inspection tour of landscaped areas at
a time specified by the City. The Contractor shall provide a detailed written punch list of
all areas maintained for review by the City Representative. The punch list shall contain a
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detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape
deficiencies and it shall identify the location of deficiencies and a written timeline for
completion. Contractor shall be expected to make repairs and correct deficiencies within
five (5) business days, unless the repair requires immediate response or is otherwise
stated herein. Contractor shall provide the City with a follow up punch list documenting
the status of required repairs and corrections. If corrections and repairs are not
completed within the allocated time, the Contractor may incur liquidated damages, as
more fully described below. If Contractor fails to repair or correct deficiencies within five
(5) working days past the time line approved by the City, Contractor may be found in
nonconformance with the Contract and City, at its discretion, may take corrective action
at Contractor’s sole expense, plus 15% administrative fee and assessed liquidated
damages. Such fees and expenses shall be deducted from Contractor’s invoice.
Within fourteen (14) calendar days, after contractor has been notified by City of the
Notice of Award of Contract, Contractor shall prepare and submit to the City
Representative a detailed schedule of all maintenance operations as described in the
Scope of Work (Appendix C). Weekly schedules (site specific) shall include but not be
limited to:
• Mowing/Edging
• Irrigation Inspections
• Weed Maintenance
• Trimming
• Fertilization
• Shrub and Ground Cover Maintenance
• Mulching
• Tree Maintenance
• Pesticide Applications
• Swales, Drains, and Catch Basins
• Litter Control
• Restroom Maintenance
• Athletic Field Maintenance
• Athletic Court Maintenance
• Hardscapes
• Playgrounds
• Trails, Walkways, and Pathways
Any proposed changes to the schedule(s) during the terms of this contract including
days, times, and frequencies shall be submitted to the City Representative for prior
review and approval.
O. The Contractor shall prepare and submit to the City Representative at the end of each
month, a Contractor Weekly Report (Appendix F). A separate report shall be prepared
for each park location and shall identify all maintenance items that have been completed,
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as well as maintenance deficiencies, hazards or other items requested by the City or
observed by the Contractor.
The Contractor shall prepare and submit to the City Representative at the end of each
month, a Contractor Weekly Irrigation Report (Appendix G). A separate report shall be
prepared for each park location and shall identify the current irrigation schedule and
station run times, any changes made to the irrigation schedule within the inspection
period, any damages or repairs to the irrigation system and any other information
requested by the City.
P. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform
services, adhere to the service schedule, service a system, perform all the required
service and repairs, pursuant to this Contract will be seen as a deficiency. It is agreed
that said deficiencies will result in damage to City. Contractor shall be responsible for all
costs associated with said damage including any additional costs incurred by the City in
the inspection, administration and performance of the work not performed or performed
improperly by the Contractor in addition to the liquidated damages amount as follows:
Liquidated damages shall be assessed in the amount of one hundred fifty dollars
($150.00) for each incident at each separate location for each day that the deficiency
remains uncorrected.
Furthermore, in the event Contractor fails to effectively manage water use, the over-
usage cost will be borne by Contractor. As further described, such cost incurred by City
shall be deducted from the Contractor's monthly payments.
Q. CITY’S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the course of
this Contract, other activities and operations may be conducted by City work forces and
other Contracted parties. These activities may include, but not be limited to, landscape
refurbishment, irrigation system modification or repair, specialized pest control,
construction, storm related operations, staging of police and fire for emergencies and
disaster control, and a variety of recreation programs and special events. During said
activities and operations the Contractor may be required to modify or curtail certain work
tasks and normal maintenance operations, and shall promptly comply with any request
thereof by the City.
R. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly
identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said
facilities with decals on the exterior right and left front door panels, or other City approved
location, identifying the Contractor's name, and phone number. Decals shall not be less
than 12 inches by 18 inches in size, and shall be clearly visible from a distance of 50 feet.
S. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT:
Should the Contractor fail to correct deficiencies or public nuisances, these will be
considered to be of an emergency nature and cause for the City make corrective repairs.
Such work shall be billed to the Contractor for each callout, plus actual time spent on the
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repairs. It also should be noted that there is a minimum two (2) hour charge for labor on
any callout. City staff hourly costs shall be assessed as follows (subject to change per
current salary distribution):
Parks and Recreation Director: $210/hr.
Parks and Landscape Manager: $155/hr.
Landscape/Parks Maintenance Superintendent: $130/hr.
Parks and Facilities Supervisor: $115/hr.
Senior Maintenance Worker: $80/hr.
Maintenance Worker III: $70/hr.
Applicable staff overtime hourly costs for weekend work or after hours work shall be
assessed as follows (subject to change per current salary distribution):
Senior Maintenance Worker: $120/hr.
Maintenance Worker III: $105/hr.
T. EXTRA WORK:
1. The Contractor shall not have the exclusive right to perform extra work. Extra
work may be performed by the Contractor at the discretion of the City, City forces,
or by competitive bid at the sole discretion of the City.
2. Additional work outside the performance requirements such as, but not limited to,
shrub and tree planting, renovation, and improvement, shall be required on
occasion.
3. The costs for such extra work shall be based on the fair market value of supply
and labor costs and shall be agreed to in a written proposal prior to
commencement of said work. Only those extra work items authorized in writing on
a City Work Order form or other form approved by the City, prior to the start of
work, shall be considered for payment.
4. Extra work shall not be performed by regularly scheduled personnel and shall be
performed during regular working hours unless authorized in writing by the City.
Contractor shall submit certified payroll reports for all extra work services.
U. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and
materials at City facilities shall only be allowed with prior written permission from the City.
In the event the City consents to allow Contractor to use designated City property for
storage, Contractor agrees to assume full responsibility for loss, theft, damage to its
equipment, supplies and any injury that may arise to any person. Contractor also
assumes full responsibility for any and all damage to City property as a result of any
Contractor owned property stored on City property, whether storage is temporary or
permanent. Contractor acknowledges that Section 10 Indemnification of the Agreement
applies to such storage.
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V. VANDALISM AND THEFT:
1. The City shall be notified immediately by the Contractor in regards to any acts of
vandalism, including graffiti, and theft to City landscaping, irrigation system, or
other improvements observed or found by Contractor’s employees, regardless of
the cause.
a. Contractor shall prepare a written vandalism report with a description of the
location, date and time observed, item(s) or component(s) damaged or
stolen, and the number of components involved Report shall be submitted
within one (1) business day.
2. Costs caused by vandalism, theft or accident, not caused by Contractor, shall be
the responsibility of the City, including labor costs.
W. PERFORMANCE DURING INCLEMENT WEATHER:
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his work force in order to accomplish those activities that
are not affected by weather. Contractor shall reschedule and complete all
maintenance activities that were not completed on the next available day that
weather conditions permit such activities.
2. Failure to adjust the work force and demonstrate that adequate progress has been
completed, or failure to reschedule maintenance activities, shall result in a
deduction of payment to reflect only the work actually accomplished.
3. If weather conditions do not allow regular maintenance operations to continue, the
Contractor shall inform the City Representative in writing and have his work force
available to assist the City with emergency operations as required by the City.
Emergency operations may include the installation of sand bags, removal of fallen
branches and debris, removal of mud, rocks or loose gravel, or other procedures
required by the City. Contractor shall provide their staff with OSHA approved rain
gear and other safety equipment that may be necessary during such an instance.
4. The Contractor shall not remove his work force from the job site unless he has
previously notified the City Representative in writing.
5. The Contractor shall re-stake and re-tie trees as required, and continue to monitor
trees during storm conditions.
6. The Contractor shall remove and clean all debris deposited in drainage areas
resulting from inclement weather, to mitigate potential flooding of landscaped
areas.
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7. Contractor shall request controllers and timers be set to the “OFF” position, which
shall remain off until demands indicate conditions are appropriate to set in the
“ON” position. It shall be the Contractor’s responsibility to monitor the landscape to
ensure that controllers and timers are activated at the appropriate time.
X. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY:
1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris
from operations as work progresses. All green waste, recyclables, and refuse shall
be disposed in City provided bins designed for such material and in accordance
with the City solid waste provisions of the Moorpark Municipal Code. Contractor
agrees to segregate the aforementioned materials to maximum extent possible.
Contractor shall not, at any time, dispose of materials resulting from work not
related to this Contract in any City provided bin. If requested by the City,
Contractor shall make every effort to estimate tonnage disposed.
2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All
debris shall be disposed in the bin and not allowed to accumulate on the floor of
the enclosure. If a bin is full and will not accommodate additional debris,
Contractor shall notify City immediately and depose of remaining debris in an
alternative City bin. Bin lids shall remain closed. Trash enclosure gates shall be
closed and locked when the Contractor leaves each site each day. Damage,
vandalism, and graffiti to the trash enclosures shall be immediately reported to the
City Representative whenever observed by the Contractor.
Y. KEY AND KEY CARD ACCESS CONTROL:
1. Contractor shall be responsible for assigned keys and key cards and is
responsible for the proper use and safe keeping of all keys and key cards issued
to Contractor by the City.
2. Contractor shall be responsible for assigning keys and key cards to Contractor’s
employees. Contractor shall not assign, lend, or in any other way allow use of
keys or key cards to anyone other than Contractor’s employees who are
performing services under this Agreement.
3. Contractor shall provide to City in writing the names of all individuals who are
assigned keys or a key card at the time the assignment is made. If keys or key
cards are reassigned by Contractor, Contractor shall immediately provide to City in
writing the names of the individuals no longer in possession of keys or key cards
and the names of the individuals to whom the keys or key cards are reassigned.
4. Contractor agrees not to duplicate any keys or key cards and acknowledges that
California law stipulates that it is unlawful for a person to duplicate any keys
without the permission of the owner. The penalty for violation of this law is either
six (6) months imprisonment or a five hundred dollar ($500) fine or both.
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5. Contractor shall immediately report all lost or stolen keys or key cards to the City
Representative.
6. Upon expiration, cancellation, or termination of this Agreement, all keys and key
cards received by the Contractor shall be immediately returned to the City.
7. Contractor shall reimburse the City all costs and expenses as determined by the
City for any key, key card, or lock replacements due to Contractor’s negligence or
willful misconduct. Such costs shall be deducted from any payments due or to
become due to Contractor. Costs may include, but are not limited to, replacing
padlocks, re-keying door locks, re-programing key card access site(s), staff time,
and a fifteen percent (15%) administration fee.”
Z. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed
a personal inspection of the areas to be maintained and has evaluated the extent to
which the physical condition thereof will affect the services to be provided. By entering
into this Contract, the Contractor shall be deemed to have agreed to accept the condition
of the work area in its “as is” condition with the intent to perform maintenance services
according to Contract specifications.
AA. SAFETY:
1. Contractor shall at all times adhere to all applicable safety practices and cooperate
with the City in any adverse condition related thereto.
2. Contractor shall cooperate with the City during the investigation of an accident on
City property and submit a complete written report to the City within twenty-four
(24) hours following the occurrence.
3. Contractor shall inspect all areas maintained under the provisions of this Contract
on a daily basis for all potential hazards, and maintain a daily safety inspection
report which indicates date inspected and action taken to correct conditions if
necessary. This report shall identify any condition(s) that renders any portion of
the premises unsafe, as well as any unsafe practices occurring thereon. The City
shall be notified immediately of any unsafe condition found by the Contractor.
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APPENDIX C
SCOPE OF WORK
A. MOWING:
1. Mowing equipment shall be a power driven reel-type equipped with rollers or a
rotary-type deck mower, and shall be configured so that the outer edges of the
mower blades are covered with protective guards in accordance with
manufacturer’s design specification. Mowing activity shall leave no signs of visible
clippings on turf and shall be in alternating patterns. Blades shall be kept sharp at
all times.
2. Turf shall be mowed to the minimum height of 1½" - 2" during fall and winter
months, and during the late spring and summer the cut should be no lower than 2"
from the soil grade. Mowing heights may vary for special events and conditions
approved by the City.
3. Turf shall be mowed weekly, no less than 48 times per year, so that no more than
1/3 of the blade is removed at time of cutting, but at intervals of no less than once
a week during the active growing season (April through November). Turf mowing
at each location shall be completed in one day, and shall be on a schedule
approved in writing by the City Representative.
4. Turf areas shall be inspected for all potential hazards such as holes, gopher
mounds, rocks, glass, nails or other debris prior to and after each mowing. All
hazardous material shall be immediately removed by contractor. Contractor shall
fill holes, knock down and grade gopher mounds and re-seed bare areas. Seed
shall be identical to the existing turf type.
B. EDGING AND TRIMMING:
1. Mechanical type edging includes walkways, sidewalks, driveways, curbs, trees,
shrub and groundcover beds, and shall be performed once per week, and
concurrently with mowing at each location.
2. Sprinkler heads shall be kept free of grass to allow for proper operation and
coverage. This shall be performed by mechanical methods only, unless otherwise
specified by City.
3. Edging against hardscape shall be performed in a manner that results in a neat
well-defined V-shape edge that extends into the soil. Such edging shall be done
with a power edger with a rigid blade, and shall not exceed ½ inch from the
hardscape surface being edged.
4. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter
from the main stem or trunk of the tree. Tree wells shall be edged concurrently
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with each mowing and shall be performed by mechanical methods only. Great
care shall be taken to avoid damage to tree bark tissue and roots. Tree damage
resulting from Contractor’s edging practices shall be replaced by Contactor with a
replacement tree at Contractor’s expense. Tree replacement size shall be 24” box
and replacement species shall be determined by the City Representative.
5. Curbs, gutters, walkways and all hardscape areas shall be cleaned free of
accumulated grass clippings upon completion of each mowing operation. Grass
clippings shall not be left on any area overnight.
6. Edging next to retaining walls and fences shall be done using a power string type
trimmer, and shall be completed in such a manner to avoid excessive string
contact to the exterior surface of retaining walls, fences and all areas edged with a
sting type trimmer.
7. Chemical edging is not permissible without express written approval by the City
Representative. If approved in writing by the City Representative, all chemicals
utilized shall be ‘non-restricted’ and approved by the County of Ventura
Agricultural Commission’s Office and shall meet the requirements of Sections H
and I, and Appendix B, Section M.
C. TURF FERTILIZATION:
1. One month prior to scheduled fertilization, Contractor shall notify the City
Representative in writing of application date, location, fertilizer formula to be
applied, and amount applied at each location.
2. Fertilization of turf grasses shall be accomplished four (4) times each year at the
intervals and with the fertilizer formula described below:
First week of January, April, August, and October.
Fertilization of turf grasses shall be accomplished at the following intervals with the
fertilizer formula described below:
Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000)
square feet and four (4) times annually apply 12-12-12 pelleted type fertilizer at
eight (8) pounds per one thousand (1,000) square feet.
Contractor shall submit a written schedule to the City Representative for written
approval prior to application.
3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform
coverage with minimum overlap.
a. The turf shall be free of moisture at the time the fertilizer is applied.
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b. Application of the fertilizer shall be done in sections in accordance with the
area covered by the timing stations on the automatic irrigation controllers so
that the soil may be thoroughly soaked immediately after the fertilizer is
broadcast.
D. SHRUB AND GROUND COVER FERTILIZATION:
1. 30-days prior to scheduled fertilization, Contractor shall notify the City
Representative in writing of the application date, location, fertilizer, formula to be
applied and amount applied at each location.
Shrub and ground cover Application rates are as follows:
Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000)
square feet and four (4) times annually apply 12-12-12 pelleted type fertilizer at
eight (8) pounds per one thousand (1,000 square feet).
2. Contractor shall submit a written fertilizer schedule to the City Representative
within 30-day of receipt of an executed agreement.
E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS:
1. The Contractor shall be responsible for trimming and weeding weekly, weekly
removal of leaf litter and daily removal of trash and debris. Trimming shall be
performed in a manner that does not alter the appearance of the landscaping, but
presents a clean aesthetic appeal. Selective pruning is the preferred method.
Use of power type trimmers/hedgers is acceptable however “lollipopping” or
ornamental type shaping will not be permitted. Shrubs shall be maintained in a
manner that promotes natural growth patterns.
2. All native and/or perennial plants shall be maintained to display natural growth
habits and structure. Dead and woody plant material shall be removed by select
pruning as needed per City approval in order to preserve the aesthetic value of the
plant. Aggressive cut back trimming or “dead heading” to increase density and
promote plant health shall be performed no less than once annually or as
determined by the City representative.
3. Shrubs, ground covers, bare dirt and mulched areas shall be defined as “planters”.
4. Planters shall be cultivated to a depth of (1") and raked each month. Ground cover
shall be kept neat in appearance and confined within curbs and intended borders
and kept litter free.
5. All planter areas shall be replenished with mulch no less than two times per
calendar year to maintain a depth of no less than 2”. Bark mulch shall consist of
100% recycled material and shall be 99% contaminant free, including litter and
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weed and/or weed seed. Mulch shall have a uniform size range of 3” and under.
Contractor shall submit mulch sample to the City Representative for approval prior
to installation.
6. Weeds, grasses and invasive plant species, as determined by the City
Representative, shall be removed from all planter areas weekly, or more frequently
if needed, as a regular service requirement of this Contract. Weeds shall be
removed manually, unless the Contractor has received prior written approval to
utilize alternative means of weed control by the City Representative.
7. Chemical weed control shall only be permitted with prior written approval by the
City Representative. All chemicals utilized shall be ‘non-restricted’ and approved
by the County of Ventura Agricultural Commission’s Office.
8. Contractor shall fill holes, knock down and grade gopher mounds and re- install
plant material in areas caused by such damage. Plant material shall be identical to
the existing groundcover type and reinstalled with flatted plant material or as
otherwise directed by City Representative.
F. TURF PARKWAYS AND TURF PARKWAY CONVERSION
The City’s Drought Action Plan prohibits turf in parkways and irrigation runoff onto public
streets. The City may complete projects to renovate parkways, medians and slopes with
drought tolerant plant material and drip irrigation, or other low water alternatives.
Contractor shall be responsible to maintain affected turf parkways, medians and slopes to
City standards by maintaining them free of weeds, debris and edging when necessary.
As these parkways, medians and slopes are improved and retrofitted with new plant
material and low water use irrigation systems, the Contractor shall be responsible for
maintenance of the new plant material and irrigation systems per the appropriate
section(s) of the Scope of Work.
G. MAINTENANCE OF TREES VINES AND SHRUBS:
1. Scope: The Contractor shall be responsible for the maintenance and upkeep of
shrubs and trees within designated medians, parkways, planters and slopes as
provided. Tree care is limited to the removal of sucker growth, spouts, and limbs
that obstruct the right of way and/or present a potential hazard, originating from
the tree trunk, from the ground to the first eight (8) feet.
2. Maintenance of Trees and Shrubs: Shall be in accordance industry
and International Society of Arboriculture (ISA) standards, and the standards and
practices acceptable to the City, and any later amendments and consistent with
the guidelines furnished below:
a. Pruning for removal of dead, damaged or diseased parts.
b. Pruning trees for removal of water sprouts and suckers as they develop.
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c. Pruning for shape and form shall include lifting of low tree branches to
prevent hazards.
d. Pruning shall be done with clean sharp tools. Cuts shall be made parallel
with the collar but close enough to allow cambium growth around wound,
per ISA standards.
e. Median trees shall have no branches lower than eight (8) feet from top of
curb, or as directed by the City Representative to provide proper line-of-
sight for traffic movement.
f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat
and shapely appearance. Trimming shall not be excessive and shall be
limited to no more than 10% of the overall size of the plant material, unless
otherwise directed by the City Representative. Pruning methods shall
provide a natural shape.
g. Shrubs shall be maintained at a height no greater than 1½ feet from top of
curb at designated areas to allow for traffic safety, per standard plans.
h. Vegetation shall be trimmed back from all utility boxes, controller units,
valve boxes, quick couplers, and backflow devices. Vegetation shall not
encroach onto sidewalks, curb and gutters, decomposed granite paths,
private property, or roadways. Vegetation shall not grow up trees,
structures, or walls. Pruning for sight visibility clearance may be required at
any time and shall be expedited in order to address potential safety
concerns.
i. All native and/or perennial plants shall be maintained to display natural
growth habits and structure. Dead and woody plant material shall be
removed by select pruning on an as-needed basis in order to preserve the
aesthetic value of the plant material. Aggressive pruning or ‘dead heading’
to increase plant density and promote plant health shall be performed no
less than twice annually or as determined by the City Representative.
j. Vines – All clinging vines shall be trimmed close to walls to maintain a neat
appearance. Vines shall be trimmed in order to maintain control and to
prevent them from creeping over walls. Vines shall be checked and secured
with appropriate ties as necessary. When necessary, appropriate stakes
and/or supports shall be utilized to promote directional growth. The height
of vines shall be maintained per City direction, typically within six (6) inches
of the top of the wall. Vines shall not be allowed to encroach onto trees.
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3. TREE TRIMMING:
a. Trimming and pruning shall be performed per the standards of the
International Society of Arboriculture (ISA). It is the Contractor’s sole
responsibility to obtain and practice these pruning standards on all tree
work performed. The Contractor agrees to accept all responsibility for the
replacement of trees damaged by Contractor’s pruning operations, if so
determined by the City that replacement is required.
b. Where necessary, as determined by the City Representative, Contractor
shall provide and post no parking signs 48 hours in advance of the work,
except when emergency work is necessary.
4. Tree / Shrub Replacement: Any tree or shrub badly damaged and in need of
possible replacement shall be brought to the attention of the City Representative.
The City Representative shall determine if the tree or shrub shall be removed
and/or replaced. No tree or shrub shall be removed without prior written approval
from the City Representative.
5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced
by a tree support to insure that the support is intact, and that the tree has not
outgrown the support.
a. Tree staking shall be performed in accordance ISA Standards.
b. Tree supports shall be adjusted as necessary to conform with the caliber of
the trunk to which it is attached.
c. Tree supports and stakes shall be inspected and removed when the tree
has outgrown its support or as determined by the City Representative.
d. Tree supports and stakes shall be replaced or removed, as needed, or as
directed by the City Representative.
e. Contractor shall inspect all tree wells and remove all broken or unnecessary
stakes that create a hazards condition to the public.
f. Where plastic arbor guards have been installed at base of the tree trunk,
Contractor shall maintain and replace as needed.
H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION:
1. Scope: All work involving the transport and use of pesticides, herbicides,
rodenticides and insecticides shall be in compliance with all Federal, State, County
and local laws. The Contractor shall possess all valid State and County licenses
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and permits required for pesticide, herbicide, rodenticide and insecticide transport
and application operations.
Pesticide applicators (persons) assigned by the Contractor to perform pesticide
operations shall have a valid license issued by the State of California Department
of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State
certification for categories specific to each pesticide for recommendation or use.
Contractor shall be in strict compliance with all pesticide directives and laws
governed by the County of Ventura Agricultural Commissioner’s Office and be
identified in the City of Moorpark’s Restricted Materials Permit before conducting
any Pesticide operations in the City.
The Contractor shall not store Pesticides on City owned property at any time and
for any reason without exception.
Contractor shall provide the City with photocopies of a valid Pest Control License,
State Pest Control Advisor's License, State Qualified Applicator's License for
individuals engaged in the transport, and use of all applicable pesticides,
herbicides, rodenticides and insecticides within the areas to be maintained under
the provisions of this Contract.
2. Intent to Spray Application: Contractor shall submit in writing to the City
Representative, an Intent to Spray Application (Appendix E) prior to the application
of any pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s). All
applications must be approved in writing by the City. Such authorization shall
depend upon the Contractor's submission to the City Representative the
information outlined below:
a. The exact location(s) where the pesticide(s), herbicide(s), rodenticides(s)
and/or insecticide(s) is to be used, with the identification of the insect(s),
weed(s) and/or rodent(s) to be controlled.
b. That the pesticide(s), herbicide(s), rodenticide(s) and/or insecticide(s) shall
be applied at the manufacturer's recommended rates and shall conform
with manufacturer's application instructions.
3. Chemical Weed Control: Chemical weed control at all turf locations shall be
performed as a regular service requirement of this Contract to insure areas are
kept free of weeds. Chemical weed control in shrub and groundcover planting
areas shall only be performed with prior written approval by the City
Representative.
Weed infestation of the turf, shrub and ground cover areas, may only be controlled
with ‘non-restricted’ commercial herbicide(s), as governed by the County of
Ventura Agricultural Commissioner’s Office. Contractor shall submit in writing to
the City Representative, an Intent to Spray Application (Appendix E) prior to the
application of any herbicide(s). All herbicide applications must be approved in
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writing by the City. Such authorization shall depend upon the Contractor's
submission to the City Representative the information outlined below:
a. The exact location(s) where the herbicide is to be used, with the
identification of the weed to be controlled.
b. That the herbicide has no harmful effect upon desirable plant materials.
c. That the herbicide shall be applied at the manufacturer's recommended
rates and shall conform with manufacturer's application instructions.
4. Disease, Harmful Insects:
a. Inspections of landscaped areas shall be made daily for evidence of
disease, harmful insects.
b. If evidence of disease or harmful insects is found, a report shall immediately
be submitted to the City Representative. The report shall include:
1) The exact location(s) where the disease, harmful insects are
prevalent.
2) The Contractor's opinion of the type of disease, insect.
3) The Contractor's recommendation for control and elimination of the
disease or harmful insects.
5. Rodent Control:
a. The Contractor’s Pest Control Advisor’s (PCA) recommendations shall
provide specific names of the specific vertebrate specie(s) expected to be
killed by the use of the rodenticide recommended, and shall further include
any known secondary target host (other vertebrate animals) that would
likely be killed by the use of the rodenticide recommended.
Contractor shall provide for the safe control and eradication of rodents with
the intent to safeguard and promote the well being of all surrounding habitat
in the areas to be treated. Contractor further agrees to follow PCA
Recommendation, and to advise the City of any known alternative methods
for the control and eradication of rodents. The City reserves the right to
reject the use of any rodenticide at any time.
In no instance shall the Contractor, Contractor’s Pest Control Advisor or
Contractor’s Pest Control Operator recommend or apply any anticoagulant
rodenticides.
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b. The Contractor shall be responsible for implementing the rodent control
practices approved in writing by the City’s Representative. The contractor
may use the subcontractor identified in the bid documents, at the
Contractor’s sole cost. An alternate subcontracted commercial pest control
company, hired at the Contractor’s sole cost, may be approved with prior
written approval by the City’s Representative.
c. Contractor agrees to hire and bear the cost of securing a pest control
company (subcontractor to be approved by City), if Contractor fails to
implement effective pest control measure within 30-days written notification
by City.
I. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS:
1. All pesticides, herbicides, rodenticides and insecticides to be used that are
designated “restricted” by the State of California Department of Pesticide
Regulation, shall be approved by the City Representative prior to use. A written
recommendation of proposed pesticides restricted in California shall include
commercial name, concentrations, application rates and usage. The
recommendation shall be prepared by a licensed California Pest Control Advisor
and submitted a minimum of 14 days prior to intended use. No work shall begin
until written approval of use is obtained, and a notice of intent has been filed with
the Ventura County Agricultural Commissioner's office, as required, and the City.
2. All chemicals shall only be applied by those persons possessing a valid California
Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O.
Application shall be in strict accordance with State of California Department of
Pesticide Regulation and Ventura County Agricultural Commissioner’s Office.
Records of all operations stating date and time treated, geographic location, field
location, operator ID/permit number, operator’s name and address, application
name and address, site treated, acres planted, acres treated, application method,
U.S. EPA/California pesticide registration number of product applied, pesticide
product name and manufacturer, total amount of product applied, and name and
signature of person preparing report shall be made and retained in an active file
for a minimum of two (2) years by the Contractor. Copies of Contractor’s pesticide
training records shall be presented to the City within 24 hours of notice to produce
such records.
3. Notification of Intent to spray or apply pesticides, herbicides, rodenticides and
insecticides used by the Contractor on City property shall be submitted to the City
Representative. The City Representative shall have access to all pesticide
records upon request. The Contractor shall retain all records in accordance with
Department of Agriculture regulations and requirements.
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4. Pesticides, herbicides, rodenticides and insecticides shall be applied in a manner
to avoid non-target areas. Precautionary measures shall be employed since all
areas will be open for public access during application.
5. The City shall reserve the right to reject the use of and pesticide, herbicide,
rodenticide and insecticide at any time and for any reason of justification as
determined by the City Representative.
J. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM:
1. The Contractor shall bear sole responsibility and cost for both labor and materials
for cleaning, repairing, adjusting and replacement of automatic sprinkler system
components, with the exception of backflow protection devices. Contractor shall
repair and/or replace as needed any irrigation system components, to insure
optimal operation of the irrigation system. All irrigation systems shall perform
according to the original design and installation intent.
The City shall bear the cost of all irrigation system repairs that are the result of
vandalism or theft. Contractor shall submit to the City a written vandalism or theft
report, in a format approved by the City, for any claims of irrigation system
damage due to vandalism or theft. Contractor shall not make repairs without prior
written approval.
2. The Contractor shall be responsible for the cleaning, repairing, adjusting and
replacement of all items, at it sole cost, listed in the succeeding paragraphs in
addition to the following:
* Irrigation Controllers (exception necessary replacement)
* Plastic pipe
* Remote control valves
* Remote control valve wiring
* Valve boxes and valve box covers
* Batteries
* Plastic pipe fittings
* Galvanized steel pipe
* Galvanized steel fittings
* Main lines
* Sprinkler heads
* Sprinkler assemblies
* Riser assemblies
* Quick coupler valves
* Hose bibs
* Gate valves
3. Replacement of any item shall be with a new item of identical model, make and
manufacturer unless otherwise approved in writing by the City Representative.
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4. The Contractor shall inspect and examine the irrigation system weekly at all
locations, while water is on. Any part of the system not functioning normally shall
immediately be cleaned, adjusted, repaired or replaced as needed to restore the
system to normal operation. This shall also apply in times of service failure for any
reason.
5. At the sole discretion of the City, irrigation controllers shall be replaced when
determined to be inoperable and no longer functional. If approved, City shall be
responsible for cost of replacement, and Contractor shall bear sole responsibility
for labor and related materials necessary for installation of said replacement(s).
6. All mainline repairs shall be inspected by the City Representative prior to
backfilling to insure the quality of backfill and compaction.
7. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the
water penetration by random testing of the root zones (as directed by the City).
8. Excessive watering shall be avoided to mitigate water run-off onto roads,
sidewalks, and recreation use areas. Special attention shall be given to the
relationship of conditions that affect day and night watering.
9. Contractor shall prevent water from over-spraying onto walls, walkways, streets
and private property. For this purpose, the Contractor shall provide the necessary
repair, replacement, and component adjustment as required of all sprinkler heads,
nozzles, swing joints and pipe risers. In cases where irrigation system design
features makes this impractical or impossible, the Contractor shall provide, at no
cost to the City, a recommended plan of component changes and/or a cost
estimate for installation of the changes needed for the purpose of mitigating the
undesirable over-spray.
10. All repairs, adjustments, cleaning or replacements of any part of the system that
cannot be completed within one (1) hour of detection, shall be immediately
reported to the City, and provisions made by Contractor to complete said repair
prior to the close of the next regular business day. Additional time may be granted
in writing, at the sole discretion of the City Representative.
11. Contractor shall take corrective action and immediately report to the City
Representative any conditions that may create a public hazard.
12. If an automatic irrigation system or a portion of a system should malfunction, the
Contractor shall provide manual operation of that system for a period of time until
the system is restored to normal operation.
13. At the request of the City, Contractor shall identify and mark the location of
sprinkler heads with provided flags, at no additional cost to City, to assist with
improvement projects.
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14. The following specifications are provided for replacement of plastic pipe, plastic
fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control
valve wiring:
a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2
(PVC 1220).
b. Plastic pipe fittings and connections shall be PVC Schedule 40, except
nipples, which shall be Schedule 80.
c. If existing galvanized steel pipe and galvanized steel pipe fittings require
repair, they shall be identical type and model.
15. All drip line emitters, sub-surface drip line, standard drip line, polypropylene flex
line, etc., shall be properly maintained and secured or staked at or below grade to
ensure system integrity, reduce trip hazards, and prevent an unsightly
appearance. Contractor shall inspect, repair and maintain all drip irrigation
systems as a regular service to the contract. Contractor shall inspect all drip
irrigation systems weekly.
16. Time of Completion: Non-emergency irrigation repairs shall be completed by the
Contractor by the end of the following business day that the problem was reported
to the City in writing, using City approved materials, supplied by the Contractor.
Emergency irrigation repairs, as determined by the City Representative, shall be
immediately repaired.
17. Repair Inspection: Irrigation inspections by the City Representative may occur
within one (1) working day of notification of services or repair completion. The City
Representative shall inspect and verify performance and service of the repair.
Should such inspections find the repair to be deficient, the Liquidated Damages
clause of this Contract may be enacted at City's sole discretion.
18. Irrigation Materials:
a. All replacement materials are to be identical type, manufacturer and model
number unless a substitute is approved in writing by the City
Representative.
b. Contractor shall maintain an adequate inventory of medium-to-high usage
stock items for repair of the irrigation systems.
c. Contractor shall implement repairs in accordance with all effective
warranties, and with no additional payment.
d. All materials are to be new and identical to existing materials, per these
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specifications, unless otherwise approved in writing by the City
Representative.
19. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full
time irrigation technician, fully trained in all phases of the WeatherTrak irrigation
system operation. This is to include, but not limited to, diagnosis and repair of
controllers (motors, switches and fuses), valve wires, control valves, lateral lines,
gate valves, main lines, strainers, moisture sensors, master valves and electric
pedestals.
The Contractor’s irrigation technician shall have a minimum of seven (7) years of
experience at the technician level and have WeatherTrak experience. Fourteen
(14) days prior to the start of any work, the Contractor shall submit to the City
information that demonstrates the technician’s qualifications, for City review and
approval. During the term of the Contract, the City Representative shall approve
any changes to the irrigation technician position.
The irrigation technician shall be able to effectively communicate in English and
shall meet the requirements identified in Appendix B, Sections A and B.
The irrigation technician shall remain on site for a minimum of eight (8) hours per
day, except as required to obtain irrigation equipment necessary for repairs to the
City’s irrigation systems. The irrigation technician is responsible for the City
irrigation systems and shall not perform any other landscape maintenance
services unless approved in writing by the City Representative.
The irrigation technician shall be required to carry a basic inventory of irrigation
parts and equipment to complete the necessary repairs.
Contractor shall provide additional irrigation personnel as needed, to provide
irrigation repair and maintenance services described herein, in emergency
situations and as directed by the City Representative.
K. IRRIGATING AREAS: Irrigation is controlled by the City’s Central Irrigation Management
System. Programming and scheduling of the City’s Central Irrigation Management
System shall be the responsibility of the City. Contractor shall manually turn on the
system to check irrigation coverage and irrigation system components for conformance
to this contract as described herein. Contractor shall not make any adjustments to the
Central Irrigation System without permission from the City Representative.
1. Watering of Turf, Shrubs and Ground Cover Areas:
a. Watering of the turf, shrubs and ground cover areas shall be done pursuant
to the City’s installed WeatherTrak Central Irrigation Management System,
unless otherwise directed by the City Representative.
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b. Contractor shall be responsible to make all adjustments to sprinkler heads
as required to keep over-spray of sprinklers from walls and excessive runoff
onto sidewalks, and streets.
c. Since water requirements of plants vary according to the season, plant
variety and soil conditions, the Contractor shall consider the variation in size
of plants, roots, soil, irrigation components and weather conditions when
making water determination requirements. Extremely close attention shall
be paid to the water demands of plants as influenced by their exposure to
sun, wind, shade and geographic location. All landscape and turf areas
shall be irrigated as required to promote vigorous and healthy plant growth.
d. Contractor shall be held responsible for over-watering, which is represented
by excessive run-off, over saturation, or high use rates and dry areas or
dead plant material caused by the Contractor’s negligence to monitor or
report to the City Representative Central Irrigation Management System
problems or required adjustments shall result in Liquidated Damages and
the cost of water or dead plant material incurred by City.
e. Contractor shall be responsible to report new trees, shrubs ground cover
and turf (up through the sixth mowing), to the City representative to make or
request watering adjustments.
2. Irrigation Reports: The Contractor shall maintain and submit to the City
Representative in writing:
a. Contractor’s Irrigation Schedule and Maintenance Report (Appendix G): An
Irrigation Schedule and Maintenance Report shall be prepared weekly and
submitted to the City Representative monthly.
3. Irrigation Repairs: Non-emergency irrigation repairs shall be completed by the
Contractor by the end of the following business day that the problem was reported
using City approved materials, supplied by the Contractor. Emergency irrigation
repairs, as determined by the City Representative, shall be immediately repaired.
4. Repair Inspection: Irrigation inspections by the City Representative may occur
within one working day of notification of services or repair completion. The City
Representative will inspect and verify performance and service of the repair.
Should such inspections find the repair to be deficient, the Liquidated Damages
clause of this Contract may be enacted at City's sole discretion.
5. Irrigation Materials:
a. All replacement materials are to be identical manufacturer, type and model
unless a substitute is approved in writing by the City Representative.
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b. Contractor shall maintain an adequate inventory of medium-to-high usage
stock items for repair of the irrigation systems.
c. Contractor shall implement repairs in accordance with all effective
warranties, and with no additional payment.
d. All materials are to be new and identical to existing materials, per these
specifications, unless directed otherwise approved in writing by the City
Representative.
6. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full
time irrigation Journeyperson fully trained in the operation of the WeatherTrak
Central Irrigation Management System and in all phases of landscape irrigation
system operations, maintenance, adjustment and repair. This is to include
diagnosis and repair of valve wires, control valves, lateral lines, gate valves, main
lines, strainers, moisture sensors, master valves and electric pedestals.
Contractor shall provide additional irrigation personnel as needed, to provide
irrigation repair and maintenance services described herein, in emergency
situations and as directed by the City Representative.
7. Irrigation During Inclement Weather: Contractor shall request irrigation controllers
be set to the “OFF” position prior to actual inclement weather conditions and when
local weather reports forecast a 40% or greater chance of inclement weather. The
Contractor will be responsible to request that the controllers and timers are
returned to the “ON” position when conditions are appropriate.
L. SWALES, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION AND CATCH
BASINS):
1. Contractor shall maintain all swales and drains on a weekly basis to insure
operable flow. Operations shall insure that swales and drains are maintained free
of sand, mud, rocks and miscellaneous debris so that water will have an
unimpeded passage to its outlet.
2. Drains and collection boxes shall be inspected weekly, cleaned and cleared of all
debris as needed.
3. Drain grates shall be inspected weekly. Contractor shall immediately inform the
City of any broken or missing grates, and secure same to keep the area safe for
public use.
4. Debris basins, retention basins and detention basins shall be kept clear of all
debris, including but not limited to leaf litter, trash and tree branches. Contractor
shall string trim or mow the bottom of all basins to a maximum height of 3”, four (4)
times annually. Contractor shall remove all trimmings. The Contractor shall
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provide a weed abatement schedule to the City Representative for approval. The
City Representative may alter the schedule at any time.
5. Contractor shall maintain all tree, shrub and groundcover areas, including
accompanying irrigation systems, adjacent to all debris basins, retention basins
and detention basins as described herein.
M. LITTER CONTROL:
1. Contractor shall on a daily basis provide complete policing and litter pickup to
remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and
miscellaneous debris. This includes, but is not limited to all hardscape surfaces,
developed and undeveloped areas, walkways, parking lots, roadways, along fence
lines, between and around planted areas, steps, planters, drains, catch basins,
areas on slopes from the toe to the top of slope and turf areas.
2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves,
and other yard wastes as defined in the Moorpark Municipal Code, shall be
delivered to the Moorpark Public Services Facility and disposed of in the proper
recycling bin. Under no circumstance shall Contractor dispose of any refuse,
recyclables, or green waste that was not generate from the performance of this
Contract in City supplied solid waste containers or bins.
3. Litter pickup shall be completed as early in the day as possible, but in no event
later than 10:00 a.m.
4. Branches, paper trash and miscellaneous debris shall be removed from along
walkways, slopes and basin, as well as submerged debris.
5. Litter shall be removed from all pedestrian, bike, and hiking trails and three (3) feet
on either side of trails adjacent to developed areas and City streets daily, unless
otherwise stated.
6. Litter shall be removed from developed irrigated slope areas and undeveloped
areas adjacent to developed areas or roadways.
8. Litter picked up on site shall be performed daily and litter placed in City supplied
refuse bins and not in public use trash containers.
N. TRASH RECEPTACLES AND DOG WASTE STATIONS:
1. Trash, recycling and Mutt Mitt receptacles adjacent to City trails, or other areas,
shall be emptied when they at 50 percent full, but no less than weekly. Liners shall
be provided by the contractor and replaced no less than weekly. Liners shall be
commercial grade (heavy duty), black in color and 1.5 Mil thickness or better
to contain trash without tearing. Trash receptacles liners shall be placed in
appropriate trash bins. Recycle material shall be removed from the liner and
placed in appropriate recycling bin. The liner shall be placed in appropriate
trash bin.
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2. Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as
needed and when less than 75% full. City shall provide Mutt Mitt’s at City’s sole
cost.
3. Trash, recycling and Mutt Mitt receptacles shall be cleaned as needed, or as
requested by the City, but no less than monthly.
O. HARDSCAPE:
1. All hardscapes such as, but not limited to, sidewalks, parking lots, steps,
walkways, ramps, curb and gutters, medians and median noses, expansion joints
and walls adjacent to City landscapes shall be kept clear of dirt, mud, trash,
weeds, leaf litter and any other substances which are either unsightly or unsafe.
2. The Contractor shall be responsible for weekly sweeping or blowing of concrete
surfaces, parking lots and walkways adjacent to all areas.
3. Contractor shall be responsible to remove graffiti that can be removed with an
approved solvent. Such removal shall take place within two (2) hours of
observance. The City will be responsible for all other graffiti and the Contractor
shall be responsible for reporting said graffiti to City immediately upon observance.
P. GRAFFITI:
1. On a daily basis, Contractor shall immediately report all graffiti upon detection to
City Representative. The City Representative shall determine if graffiti requires
photographing and police reporting prior to removal. The Contractor shall be
responsible for removing graffiti within two (2) hours of observance that can be
removed using a solvent specially formulated for graffiti removal and approved for
such use by the City Representative. If graffiti cannot be removed with said
solvent, Contractor shall notify the City Representative immediately upon
observance and City shall be responsible for removal. Special attention shall be
given to the following areas upon the Contractor’s first arrival to the designated
work site:
a) Concrete walkways.
b) Curb and gutter
c) Concrete drainage swells, slough walls, culverts, drainage inlet or outlet
devices
d) Fences and block walls
e) Waste cans
f) Lighting fixtures
2. All materials and processes used in graffiti eradication shall be non-injurious to
applied surfaces, and areas adjacent to graffiti abatement and approved by the
City and CAL-O.S.H.A.
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3. Contractor shall use special care and attention when removing graffiti from treated
or sealed surfaces. Such surfaces shall not be painted. Contractor shall use
materials, and methods of application, as provided and approved by City.
4. Contractor is not required to sandblast or paint graffiti.
5. Contractor shall clean spills, spatters, and runs from removal operations as a part
of each operation.
Q. MULTI-USE TRAILS AND STAGING AREA:
1. Contractor shall fine grade, rake, remove all trail ruts and trash, remove all weeds
and report all graffiti and potential trail hazards to the City Representative.
Contractor shall provide trail maintenance services weekly. After inclement
weather, contractor shall inspect and repair all trails, remove trail ruts and clean
adjacent hardscape surfaces.
2. All trail ruts, holes or other deviations shall be repaired by filling in deviation level
with surrounding areas with new decomposed granite. Decomposed granite shall
be fully wetted and compacted to the satisfaction of the City Representative.
3. Drains, collection boxes, swales and cobble shall be inspected weekly, cleaned
and cleared of all debris as needed. Swales shall be maintained to provide
positive drainage. All swales shall be cleared of loose decomposed granite or
other material and compacted as needed.
4. Drain grates shall be inspected weekly. Contractor shall immediately inform the
City of any broken or missing grates, and secure same to keep the area safe for
public use.
5. Contractor shall remove all weeds from the Zone 15 gravel staging area.
Contractor shall grade gravel surface and fill in ruts two (2) times annually. The
Contractor shall provide a service schedule to the City Representative for
approval. The City Representative may alter the schedule at any time.
R. TRASH, RECYCLING AND GREEN WASTE BINS
1. A designated trash, recycling and green waste bin will be provided by City, and
located at locations determined by the City.
2. Contactor shall not dispose of any solid waste refuse, recyclables or green waste
in bins provided by the City that is not generated as part of this Contact.
3. When provided by the City, waste and recycling bins shall be stored in enclosures.
Contractor shall be responsible for cleaning trash bin enclosures of all trash and
remove accumulated debris to provide a surface that is clean of foreign matter,
green waste, and food spills on a daily basis. By the end of each work day, the
trash bin enclosure gates shall be closed and locked.
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APPENDIX D
LANDSCAPE MAINTENANCE DISTRICTS
AREAS TO BE MAINTAINED (AREA DESCRIPTIONS)
ZONES 12, 15, 16, 18, 20, 21
DESCRIPTION SIZE MAP
1. Zone 12 Carlsberg (parkways):
Parkway (s): East side of Miller Parkway from Patriot Drive
southerly to Tierra Rejada Road. Sidewalk and planters.
Parkway (s): West side of Miller Parkway from Patriot Drive
southerly to Tierra Rejada Road. Sidewalk and planters.
Hillside (s): West side of Miller Parkway across from Olive Street.
East side of Miller Parkway from Stagecoach to Miller Park. East
side of Miller Parkway from Shawnee north to the flow basin. East
side of Miller Parkway from Patriot Drive north to mid-point
between Southfork and Stagecoach (approx. 15’ width entire
length). Natural areas.
Parkway (s): North side of Tierra Rejada Road from Spring Road
to the south bound Hwy 23 off-ramp. Sidewalk and planters.
Hillside (s): North side of Tierra Rejada Road between the 118
Freeway southbound off-ramp easterly to a location
approximately 300’ east of Miller Parkway. Natural areas.
Planter (s): North side of Tierra Rejada Road between Miller
Parkway and Spring Road, including the area between the back
of sidewalk to v-ditch. Sidewalk, planters and natural area.
Parkway (s) and slope (s): East side of Spring Road from Tierra
Rejada road northerly to a point approximately 600’ south of
Peach Hill Road. Slope landscape area from Tierra Rejada Road
northerly approximately 1,000’. Sidewalk, turf, planters and
natural areas.
400,753 s.f. Z12
2. Zone 12 Carlsberg (median islands):
Median islands (s): Miller Parkway between Los Angeles Avenue
and Peach Hill Road.
Median islands (s): Miller Parkway between Peach Hill Road and
Tierra Rejada Road
130,680 s.f. Z12a & Z12b
3. Zone 15 Moorpark Country Club Estates (parkways):
Parkway (s), planter (s) & multi-use trail (s): South side of
Championship Drive between curb and south side of multi-use
trail from Walnut Canyon Road westerly to Grimes Canyon Road.
Sidewalk, multi-use trail, turf and planters.
Entry statement areas and parkway (s): North and south side of
Championship Drive at Walnut Canyon Road and Grimes Canyon
Road. Sidewalk, turf and planters.
Multi-use trail (s): Decomposed granite multi-use trails from
382,270 s.f. Z15
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Walnut Canyon Road westerly to Grimes Canyon Road and
southerly parallel to Grimes Canyon Road to the staging area.
Decomposed granite multi-use trails from Championship Drive
southerly approximately 750’ to the end of the debris basin.
Staging Area: Gravel parking area adjacent to Grimes Canyon
Road.
4. *Zone 15 Moorpark Country Club Estates (medians):
Median (s): Median islands at Championship Drive and Walnut
Canyon Road.
Median (s): Median islands at Championship Drive and Grimes
Canyon Road.
9,770 s.f. Z15a
5. *Zone 15 Moorpark Country Club Estates “Masters” Trail
and Detention Basin:
Trail Championship Drive from Augusta Drive to and Grimes
Canyon (59,602sqft ) Detention Basin Lot I Championship Dr.
East of Augusta Dr. (51,438sqft)
111,040 s.f. Z15c
13. Zone 16 Mountain View:
Parkway(s): West side of Gisler Road from Poindexter Avenue
southerly to Olympus Street. Sidewalk, vines and planters.
Parkway(s): West side of Fuji Street and West side of Reyes
Street at property line. Sidewalk, vines and planters.
Parkway(s): South side of Poindexter Avenue between Gisler
Road and westerly property line. Sidewalk, tree wells, vines and
turf
17,424 s.f. Z16
14. Zone 18 Moonsong:
Parkway (s): North side of Los Angeles Avenue between Flory
Street and Millard Street. Sidewalk, turf, vines and planters.
Parkway (s) & basin (s): East side of Flory Street from Los
Angeles Avenue to northerly property line. Sidewalk, vines and
planters.
21,780 s.f. Z18
6. Zone 20 Median Landscape (Phase 1):
Median islands, including pavers, on Meridian Hills Drive from
Walnut Canyon Road to Ridgemark Drive.
15,754 s.f. Z20
7. Zone 20 Multi-Use Trail (Phase 1):
Decomposed granite multi-use trail from Ridgemark Drive
easterly to the VCWPD basin and from the VCWPD basin
northerly to the southern end of the debris basin adjacent to
Championship Drive.
30,120 s.f. Z20
8. Zone 20 Tract 5405 Lots A & B (Phase 1):
Parkways on west side of Walnut Canyon Road between the
southerly property line of Tract 5405 and the NPDES Basin.
Parkways, vines and planters.
2,800 s.f. Z20
9. Zone 20 Tract 5405 Lot C (Phase 1):
Slope area at the southerly end of Tract 5405, including bioswale
and inlet.
6,880 s.f. Z20
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10. Zone 20 Walnut Canyon Road Streetscape Landscape
(Phase 1):
Parkways on west side of Walnut Canyon Road from the
southern border of the NPDES Basin to the northern border of the
VCWPD Basin.
7,680 s.f. Z20
11. Zone 20 Meridian Hills Drive Parkway (Phase 1):
Parkways on north and south side of Meridian Hills Drive from
Walnut Canyon Road to Ridgemark Drive. Turf, vines and
planters.
18,660 s.f. Z20
12. Zone 20 Manufactured Slopes Below Meridian Hills Drive
(Phase 1):
Slope and landscaped areas adjacent to the south side of
Meridian Hills Drive from Ridgemark Drive to Walnut Canyon
Road, including entry statement areas at Walnut Creek Drive.
Turf, vines, planters and landscaped areas.
198,400 s.f. Z20
13. Zone 20 Manufactured Slopes Above Meridian Hills Drive
(Phase 1):
Slope and landscaped areas on the north side of Meridian Hills
Drive from Ridgemark Drive to Walnut Canyon Road, including
entry statement areas at Walnut Creek Drive and slopes and
landscape areas adjacent to the project monument southwest of
the VCWPD basin. Turf, vines, planters and landscaped areas.
100,275 s.f. Z20
14. Zone 20 Manufactured Slopes North Walnut Canyon
Road (Phase 1):
Slopes adjacent to the west side of the VCWPD Basin and
adjacent to the west side of the Walnut Creek Basin.
97,320 s.f. Z20
15. Zone 20 Manufactured Slopes South Walnut Canyon
Road (Phase 1):
Slope adjacent to the west side of Tract 5405.
81,680 s.f. Z20
16. Zone 20 Walnut Canyon Road NPDES Basin (Phase 1):
Slopes, bottom and access road of NPDES Basin at the
southwest corner of Meridian Hills Drive and Walnut Canyon
Road. Planters, vines and landscaped areas.
66,200 s.f. Z20
17. Zone 20 Project Interior NPDES Basin (Phase 1):
Slopes, bottom and access road of NPDES Basin west of the
recreation center. Planters, vines and landscaped areas.
62,500 s.f. Z20
18.* Zone 20 Median Landscape (Phase 2):
Median islands, including pavers, on Meridian Hills Drive west of
Ridgemark Drive.
8,471 s.f. Z20
19.* Zone 20 Multi-Use Trail (Phase 2):
Decomposed granite multi-use trail west of Ridgemark Drive. 11,880 s.f. Z20
20.* Zone 20 Meridian Hills Drive Parkway (Phase 2):
Parkways on north and south side of Meridian Hills Drive west of
Ridgemark Drive. Turf, vines and planters.
5,340 s.f. Z20
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21.* Zone 20 Manufactured Slopes Below Meridian Hills
Drive (Phase 2):
Slope and landscaped areas adjacent to the south side of
Meridian Hills Drive west of Ridgemark Drive. Turf, vines, planters
and landscaped areas.
109,700 s.f. Z20
22.* Zone 20 Manufactured Slopes Above Meridian Hills
Drive (Phase 2):
Slope and landscaped areas on the north side of Meridian Hills
Drive west of Ridgemark Drive. Turf, vines, planters and
landscaped areas.
169,060 s.f. Z20
23.* Zone 20 Trail Head Staging Area (Phase 2):
Trail head staging area west of Ridgemark Drive. Landscape and
parking areas.
59,000 s.f. Z20
24. Zone 21 Shea Canterbury & Ivy Lane:
Parkway, planters, vines and sidewalks: South side of Los
Angeles Avenue; east and west sides of Millard Street. East and
west sides of Edenbridge Road Western perimeter Parkway
planter Millard Street
8,712 s.f. Z21
PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE
ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION.
Landscape maintenance services for areas designated with an asterisk (*) shall not begin
without prior written City approval.
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APPENDIX E
CITY OF MOORPARK CONTRACTOR’S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS
Contractor: Date:______________
Site Name:___________________________________________________________________________
Location:____________________________________________________________________________
Proposed date (s) of application: ________________________________________________________
Number of acres/area to be treated: ____________________________________________________
Type of equipment to be used: ________________________________________________________
Target pest(s):________________________________________________________________________
Chemical Registration No.:____________________
Chemical Name:___________________ Dilution Rate:_______ per gallon Chemical Total:_________
Fumigant Name: _____________________________Tablet Size: ______oz. Total Tablets: _________
Fumigation Management Plan Completed and a copy to the City: Yes: _______ No:_______
Ingredient(s):_________________________________________________________________________
Antidote: _______________________________ Active:____________________ Inert:_____________
Environmental:
Re-entry after spraying: ________ (Hours / Minutes) Notes:___________________________________
Criteria / Reason / Notifications:_________________________________________________________
North
Identify Location of Adjacent Schools, Dwellings, Etc. West [Treatment Area] East
South
Applicator(s) Name(s): ________________________________________________________________
(Print Name)
License No: ________________________________________
Submitted By:_______________________________________________ Date:_______________
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APPENDIX F
CITY OF MOORPARK
CONTRACTOR WEEKLY INSPECTION REPORT
Contractor: _______________________________________________Date:_________to__________
Location: _________________________________________________________________________
Inspector: _____________________________________________________________
Retain document for 3 years after inspection.
Area Inspected
WEEK
1 2 3 4
DEFICIENCY
Yes (Y) or
No (N)
Description/See
detailed report below
A. Landscape
1 Damages – Traffic Accident,
Vandalism, Theft, etc.
2 Mowing, edging, trimming has been
completed
3 Trees and shrubs have been
maintained, planters weeded
4 Shrubs, turf or tree replacement
needed
5 Turf areas are weed free (herbicide
applicator scheduled?) provide
6 Turf areas inspected for hazards such
as holes, mounds, rocks, glass and
other debris and removed daily (list
hazards removed)
B. Trees
1 12” tree wells have been maintained
2 No sucker growth or low limb
obstructions
3 Tree supports and stakes are secure
4 Tree contractor (WCA) services are
required
C. Irrigation
1 Sprinkler system operating correctly
2 Irrigation heads operating correctly
3 Damaged to irrigation components
4 Excessive wet areas, run-off, over-
spray Areas
5 Dry, brown or dead areas
6 Irrigation controller time and water
days correct
7 Controller & backflow working
correctly.
8 Controller adjusted for inclement
weather
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D. Hardscape
1 Damage or hazards in sidewalks,
curb, gutters, parking lots or picnic
areas
2 Swales and drains clean
3 Litter & debris removed daily
E. Fertilization
1 Grass: Forecasted Application Date
for: Jan/Apr/Aug/ October
2 Shrub: Forecasted Application Date
for: Apr/Sep
F. Pesticide
1 Notification submitted to City: Weed
Control Application
2 Notification submitted to City: Rodent /
Disease / Insect Applications
G. Lighting
1 Lights Bulbs Burned OUT / Staying
ON / Vandalized etc.
H. Graffiti
1 Restrooms: Identify location & log time
2 All other areas: Identify location & log
time
I. Trash and Recycling
Receptacles
1 Emptied 50% full or weekly
2 Cleaned
J Trails
1 Trail ruts filled in, hazards removed
and trash and debris removed
2 Weeds removed from trail
3 Irrigation Checked
4 Trees, shrubs ground cover
K TRAFFIC CONTROL
1 Required traffic control devices in-
place
2 Encroachment permit at site and
posted in vehicle
Letter and
Number
Description of Deficiency Recorded Date
Identified
Date
Corrected
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APPENDIX G
CITY OF MOORPARK
CONTRACTOR’S WEEKLY IRRIGATION INSPECTION REPORT
Contractor:_________________________ Date: ______________
Park Name:_________________________ Controller: _____________________
Inspector:__________________________
Irrigation Schedule:
Scheduled water days (circle): M T W TH F Sat Sun
Start Times: Program A 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program B 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program C 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program D 1st _____ 2nd _____ 3rd _____ 4th ______
IRRIGATION INSPECTION
Station Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
IRRIGATION INSPECTION
Station Number 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
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Water Budget %: ______
Station Run Times: 1__, 2 __, 3 __,4__, 5 __, 6 __,7__, 8 __, 9 __,10__, 11 __,
12 __,13__, 14 __, 15 __,16__, 17 __, 18 __,19__, 20 __, 21 __,22__, 23 __,
24 __,25__, 26 __, 27 __,28__, 29 __, 30 __,31__, 32 __, 33 __,34__, 35 __, 36__,
37 __,38__, 39 __, 40 __,
Notes:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________
Inspector (signature):_____________________________
Inspector (printed name):__________________________
Affix additional sheets as required.
Station
Number Description of Deficiency Recorded Date
Identified
Date
Corrected
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APPENDIX H
LANDSCAPE MAINTENANCE DISTRICTS
ZONES 12, 15, 16, 18, 20 and 21
AREA DIAGRAMS
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AREA DIAGRAMS
LMD ZONES 12, 15, 16, 18, 20, and 21
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371
372
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374