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HomeMy WebLinkAboutAGENDA REPORT 2020 0617 CCSA REG JNT DC ITEM 10ICITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 17, 2020 ACTION Approved staff recommendation, including adoption of Resolution No. 2020- 3929. (Roll Call Vote: Unanimous). BY B.Garza. I. Consider Award of Agreement to Oakridge Landscape, Inc. for Landscape Maintenance Services in Landscape Maintenance Districts 12, 15, 16, 18, 20 and 21; and Consider Resolution Amending the Fiscal Year 2020/21 Budget to Fund the Landscape Maintenance Services. Staff Recommendation: 1) Approve Agreement with Oakridge Landscape, Inc. and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2020-3929, amending the FY 2020/21 Budget to fund these services. (ROLL CALL VOTE REQUIRED) (Staff: Chris Ball) Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Management Analyst DATE: 06/17/2020 Regular Meeting SUBJECT: Consider Award of Agreement to Oakridge Landscape, Inc. for Landscape Maintenance Services in Landscape Maintenance Districts 12, 15, 16, 18, 20 and 21; and Consider Resolution Amending the Fiscal Year 2020/21 Budget to Fund the Landscape Maintenance Services BACKGROUND On April 29, 2020, staff provided the City Council with a report that discussed proposed updates to the distribution of the City’s Landscape Maintenance Districts (LMDs) among the three existing areas of contract responsibility for landscape maintenance services. One area would contain the Citywide LMD, miscellaneous City properties, and the underfunded LMDs that generally require a General Fund subsidy. A second contractual service area would contain Carlsberg Specific Plan (LMD 12), Country Club Estates (LMD 15), Mountain View (LMD 16), Moonsong Court (LMD 18), Meridian Hills (LMD 20) and Canterbury/Ivy Lanes (LMD 21), which are fully funded and do not require General Fund subsidy. No change was proposed for the third contractual service area which consists of Moorpark Highlands (LMD 22) and is fully funded. This updated distribution would allow staff to explore service level reductions in the underfunded and Citywide LMD contractual service area to reduce landscape maintenance costs and lower the burden on the General Fund. The results of this study are scheduled for presentation to the City Council on July 1, 2020. The updated distribution would also allow staff to bid out landscape maintenance services for the fully funded LMDs 12, 15, 16, 18, 20 and 21 without changes to the scope of services or service level reductions. Since there was no change to LMD 22, staff was able to extend existing service levels in this area for fiscal year (FY) 2020/21 by executing the final available one-year extension to the Agreement for landscape services in LMD 22. Item: 10.I. 114 Honorable City Council 06/17/2020 Regular Meeting Page 2 DISCUSSION On April 29, 2020, in addition to considering the revised LMD areas of contract responsibility, the City Council approved the Landscape Maintenance Contract Documents and Specifications for landscape maintenance services in the following Landscape Maintenance Districts (LMDs): Carlsberg Specific Plan (LMD 12), Country Club Estates (LMD 15), Mountain View (LMD 16), Moonsong Court (LMD 18), Meridian Hills (LMD 20) and Canterbury/Ivy Lanes (LMD 21), and authorized staff to solicit bid proposals from qualified contractors. The City Clerk posted the notice inviting proposals on May 6, 2020, and staff held a pre-proposal teleconference with interested bidders on May 18 to review the requirements of the proposal documents. The City received seven proposals by the due date of May 29, 2020. Proposal solicitation and review was conducted in accordance with City Council Resolution No. 2019-3829 governing the procurement of contractual services. The bid results are summarized below: Contractor Name Proposal (Annual Cost) Oakridge Landscape, Inc. $251,436.00 American Heritage Landscape $256,097.88 Venco Western, Inc. $265,284.00 BrightView Landscape Services $287,939.00 Mariposa Landscapes, Inc. $304,164.00 Parkwood Landscape Maintenance Inc. $344,964.00 Landscape Development Inc. $570,336.00 In addition to submitting the lowest bid, Oakridge Landscape, Inc. (Oakridge) is the current service provider in LMDs 12, 15 and 20, and possesses a thorough knowledge of the City’s landscape maintenance requirements. Staff believes that they have the necessary qualifications and experience to perform the required services. The City Council is now being asked to award a twelve (12) month agreement (July 1, 2020 through June 30, 2021) with an option to extend the agreement for two (2) additional one (1) year periods to Oakridge. FISCAL IMPACT The total FY 2020/21 budget for Property Maintenance Services account (53000) for LMDs 12, 15, 16, 18, 20 and 21 is $418,924. Of this amount, $279,324 is designated for landscape maintenance services. The table below presents a side by side comparison of the FY 2020/21 landscape maintenance budget and the proposal costs. LMD FY 2020/21 Budget Proposal Cost Increase/(Decrease) 12 $39,876.00 $54,192.00 $14,316.00 15 $37,632.00 $51,804.00 $14,172.00 16 $2,400.00 $2,520.00 $120.00 18 $3,132.00 $3,120.00 $(12.00) 20 $195,024.00 $137,280.00 $(57,744.00) 21 $1,260.00 $2,520.00 $1,260.00 TOTAL $279,324.00 $251,436.00 $(27,888.00) 115 Honorable City Council 06/17/2020 Regular Meeting Page 3 As illustrated in the table above, the bid amount for landscape maintenance services in LMDs 12, 15, 16, 18, 20 and 21 for FY 2020/21 represents an overall savings of $27,888. Staff anticipated some savings due to economies of scale, as well as some savings due to uncertainties in the economic forecast. Additionally, since Oakridge has already maintained the majority of the LMDs for the last several years, staff believes that Oakridge’s proposal reflects the actual costs of service. LMDs 18 and 20 will realize savings and no additional appropriation is required. Conversely, the bid amounts for LMDs 12, 15, 16 and 21 exceed the FY 2020/21 budget. An additional appropriation of $29,868 from the associated funds will be required to cover the cost of services for these LMD Zones. As noted earlier, due to the reorganization of the areas of contractual responsibility, the LMDs to be serviced under this Agreement are fully funded and typically do not require General Fund subsidy. For FY 2020/21 staff is requesting to increase appropriations to cover contract costs in these LMDs as follows: $14,316 from LMD 12; $14,172 from LMD 15; $120 from LMD 16; and $1,260 from LMD 21. Staff recommends awarding an Agreement to Oakridge for landscape maintenance services for LMDs 12, 15, 16, 18, 20 and 21 in the amount of $316,436 per year, which includes an annual contingency of $65,000. The FY 2020/21 budget includes adequate allowances for unanticipated landscaping work so no additional appropriation related to the annual contingency amount is required at this time. The contract contains a provision for up to two optional one-year extensions. The total contract value over three years would be $949,308. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Agreement with Oakridge Landscape, Inc. and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager; and 2. Adopt Resolution No. 2020-____, amending the FY 2020/21 Budget to fund these services. Attachment 1: Agreement Attachment 2: Draft Resolution No. 2020-____ 116 AGREEMENT BETWEEN THE CITY OF MOORPARK AND OAKRIDGE LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT ZONES 12, 15, 16, 18, 20 AND 21 THIS AGREEMENT, is made and effective as of this _________ day of ________________________, 2020, between the City of Moorpark, a municipal corporation (“City”) and Oakridge Landscape, Inc., a corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for landscape maintenance services for Landscape Maintenance District (LMD) Zones 12, 15, 16, 18, 20 and 21, plus related additional repair and installation services as needed; 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 May 27, 2020, which is attached hereto as Exhibit C. 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 July 1, 2020 and will expire on June 30, 2021, 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 two (2) additional one (1) year periods. 2.SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide landscape maintenance services for Landscape Maintenance District (LMD) Zones 12, 15, 16, 18, 20 and 21, plus related additional repair and installation services as needed, as set forth in Exhibit C: Contractor’s Bid Proposal, and as set forth in Exhibit D: Contract Documents and Specifications. In the event there is a conflict between the provisions of Exhibit C and Exhibit D and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or contract value of three hundred sixteen thousand four hundred thirty-six dollars ($316,436) annually, which includes an annual contingency of sixty-five thousand dollars ($65,000), without a ATTACHMENT 1 117 Oakridge Landscape, Inc. Page 2 of 18 written amendment to the agreement executed by both 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 Jeffrey Myers, 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 Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed three hundred sixteen thousand four hundred thirty-six dollars ($316,436) annually, which includes an annual contingency of sixty-five thousand dollars ($65,000), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 118 Oakridge Landscape, Inc. Page 3 of 18 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 have five (5) days after service upon it of said notice in 119 Oakridge Landscape, Inc. Page 4 of 18 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 ($150.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement. 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 120 Oakridge Landscape, Inc. Page 5 of 18 causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees 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. 121 Oakridge Landscape, Inc. Page 6 of 18 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, 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 122 Oakridge Landscape, Inc. Page 7 of 18 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. 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 123 Oakridge Landscape, Inc. Page 8 of 18 To: Jeffrey Myers, President Oakridge Landscape, Inc. 28064 Avenue Stanford, Unit K Valencia, CA 91355 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. 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. 124 Oakridge Landscape, Inc. Page 9 of 18 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. 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. 125 Oakridge Landscape, Inc. Page 10 of 18 IN W ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK OAKRIDGE LANDSCAPE, INC. By:_______________________________ By:_______________________________ Troy Brown, City Manager Jeffrey Myers, President Attest: __________________________________ Ky Spangler, City Clerk 126 Oakridge Landscape, Inc. Page 11 of 18 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. 127 Oakridge Landscape, Inc. Page 12 of 18 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. 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 128 Oakridge Landscape, Inc. Page 13 of 18 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 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 129 Oakridge Landscape, Inc. Page 14 of 18 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 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 130 Oakridge Landscape, Inc. Page 15 of 18 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. 131 Oakridge Landscape, Inc. Page 16 of 18 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. 132 Oakridge Landscape, Inc. Page 17 of 18 (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. (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 133 Oakridge Landscape, Inc. Page 18 of 18 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. (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.) 134 PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES TO THE CITY OF MOORPARK, as City: In accordance with City's Notice Inviting Sea led Bids , and the instructions to bidders, the unde rs ig ned bidder he reby proposes to furnish a ll materia ls, equipment, too ls, labor, transportation and incidenta ls required for the above stated project as set forth in the Contract Documents and to perform a ll 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 ag rees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedu le. Bidder understands that fai lu re to enter i nto a contract in the manner and time prescribed wi ll resu lt in forfeiture to City of the guarantee accompanying this proposal. Bidder understands that a bid amount is required in a manner set forth in the Bid Schedule solely fo r t he purpose of compa ring bids , and that fina l compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RI GHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR DECREASE THE CONTRACT. It is agreed that the un it and/or lump sum prices bid include a ll appurtenant expenses , taxes , royalties , and fees . In the case of discrepancies in the amounts bid, unit prices sha ll govern over extended amounts , and words sha ll 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) ca lendar days after the City has mai led notice of the award of contract to the bidder, this bid an d the acceptance hereof may , at the City's option , sha ll be considered null and void. Authorized Sig nature __ #-,,l,!:1,.----------------- Signer's Title_.f ...... IZ'-'--t::.--=-'""2'---'-I -'----'-~------------- 12 135 BID SCHEDULE ZONES 12, 15, 16, 18, 20, 21 ZONE12-CARLSBERG DESCRIPTION SIZE 1. Zone 12 Parkways and Slopes: 400,753 s.f. 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 s ide 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 '. Sidewal k , turf, planters and natural areas. West side of soundwalls at Hwy 23 southbound off ramp at Tierra Rejada Road. Vines . 2. Zone 12(a & b) Median Islands: 130,680 s.f. Median island(s): Miller Parkway between Los Angeles Avenue and Peach Hill Road . Median island(s): Miller Parkway between Peach Hill Road and Tierra Reiada Road TOTAL ZONE 12: (Revised 5/22/2020) Monthly B id Annual Bid Amount Amount $ $ 'J/f00,DV 'f 0/(> 72.. · l){) $ $ I,/ I(), l)0 t ;/,2u . oo $f✓5/~.l)0 $ 'i~ 1 , qz.&o 136 ZONE 15-MOORPARK COUNTRY CLUB ESTATES DESCRIPTION 1. Zone 15 Parkways: Parkway(s), planter(s) & multi-use trail(s): South side of Championship Dr ive 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 Wa lnut 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 granit e 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. 2. * Zone 15(a & b) Medians: Med ian(s): Median islands at Championship Drive and Walnut Canyon Road. Med ian(s): Median islands at Championship Drive and Grimes Canyon Road. 3. * Zone 15(c) Trail and Detention Basin: Trail Championship Drive from Augusta Drive to Grimes Canyon Road (59 ,602 s.f .) Detention Basin Lot I Championsh ip Drive, east of Augusta Drive. (51,438 s.f.) SIZE Monthly Bid Amount 382,270 s.f. $ 3,2.~~r~o 9 ,770 s.f. $ I z.S.t>o 111 ,040 s.f. $ 14 3. DO $ Annual Bid Amount I /:iDD . DO TOTAL ZONE 15: $ L(3rJ.ov $ft,t>O~,DO * Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The Cont ractor'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. 137 ZONE 16 -MOUNTAIN VIEW DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 16 Parkways: 17,424 s.f. $ l/v .oO $ 2 1 t;' 'J-O . DO Parkway(s): West side of Gisler Road from Poindexter Avenue southerly to Olympus Street. Sidewal k , vines and planters. Parkway(s): West side of Fuji Street and West side of Reyes Street at p roperty line. Sidewalk, vines and planters. Parkway(s): South side of Po indexter Avenue between Gisler Road and westerly property line. Sidewa lk, tree we ll s , vines and turf TOTAL ZONE 16: $ 2-J o. Y>O $ 2, 'i2.D, ()0 ZONE 18 -MOONSONG DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 18 Pa rkways and Basins: 21 ,780 s.f. $ 2..60,()0 $ Parkway(s): North side of Los Angeles Avenue ~, /7,..(),{)0 between Flory Street and Millard Street. S idewalk, turf, vines a nd plante r s. Parkway(s) & basin(s): East side of Flory Street from Lo s Angeles Avenue to northerly property line . Sidewalk, vines and planters. TOT AL ZONE 18: $ 2-lt,D I bf) $ ~, 12-D .OO 138 ZONE 20 -MERIDIAN HILLS -PHASE 1 DESCRI PTI ON SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 20 Median Landscape: 15,754 s.f. $ $ Median islands, including pavers , on Meridian 3 15 .00 ~, 7&30 .tJO Hills Drive from Wal nut Canyon Road to Ridaemark Drive. 2. Zone 20 Multi-Use Trail: 30 ,120 s.f. $ $ Decomposed granite multi-use trail from Ridgemark Drive easterly to the VCWPD basin 4so .oo 5/fD(!). IJO and from the VCWPD basin northerly to the southern end of the debris basin adjacent to Championship Drive. 3. Zone 20 Walnut Canyon Road 7,680 s.f. $ $ Streetscape Landscape: Parkways on west side of Walnut Canyon 2..So .!JO ~,De%.() u Road from the southern border of the NPDES Basin to the northern border of the VCWPD Basin. 4. Zone 20 Meridian Hills Drive Parkway: 18,660 s.f. $ $ Parkways on north and south side of Meridian ~50 ,VD 'i, lf<9D, OD Hills Drive from Walnut Canyon Road to RidQemark Drive. Turf, vines and planters. 5. Zone 20 Manufactured Slopes Below 198 ,400 s .f . $ $ Meridian Hills Drive: Slope and landscaped areas adjacent to the 2 1 05O -D0 2-tf I G, (9 0 , <' c.') south side of Meridian Hills Drive from Ridgemark Drive to Walnut Canyon Road , including entry statement areas at Wal nut Creek Drive. Turf, vines , planters and landscaped areas. 6 . Zone 20 Manufactured Slopes Above 100,275 s.f. $ $ Meridian Hills Drive: Slope and landscaped areas on the north side \ 3J t;DO , Do of Meridian Hills Drive from Ridgemark Drive to I, 12 5. DO Walnut Canyon Road, including entry statement ar eas 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. 7. Zone 20 Manufactured Slopes North 97 ,320 s .f. $ $ Walnut Canyon Road: Cf't5-~o I 1/{YO,OC) Slopes adjacent to the west side of the VCWPD Basin and adjacent to the west side of the Walnut Creek Bas in. 139 8. Zone 20 Manufactured Slopes South 81 ,680 s.f. $ $ Walnut Canyon Road: 81.5,DO '1/1 otJ . 00 Slope adjacent to the west side of Tract 5405. 9. Zone 20 Walnut Canyon Road NPDES 66,200 s.f. $ $ Basin: 1 1 '12t:). DO Slopes, bottom and access road of NPDES {p~().OD Basin at the southwest corner of Meridian Hills Drive and Walnut Canyon Road . 10. Zone 20 Project Interior NPDES Basin: 62,500 s.f. $ $ Slopes, bottom and access road of NPDES b 2-5,oo 1,~DfJ,DO Basin west of the recreation center. TOTAL ZONE 20 PHASE 1 : $ 7, 745.t/O $ qz,, ~o 140 ZONE 20 -MERIDIAN HILLS -PHASE 2 * DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1.* Zone 20 Median Landscape: 8,471 s.f. $ $ Median islands , including pavers , on Mer idian 175-DO 2-1 I <X). DC> Hills Drive west of Ridgemark Drive. 2.* Zone 20 Multi-Use Trail: 11,880 s.f. $ $ Decomposed granite multi-use trail west of 1qo.oo 2,2-8tJ . {)Q Ridgemark Drive. 3.* Zone 20 Meridian Hills Drive Parkway: 5,340 s.f. $ $ Parkways on north and south side of Meridian 11 D. DO I , 3 2D , D0 Hill s Drive west of Ridgemark Drive. Turf, vines and planters. 4.* Zone 20 Manufactured Slopes Below 109,700 s.f. $ $ Meridian Hills Drive: Slope and landscaped areas adjacent t o the ~50, oo ( 0,2,~C) .oo south side of Meridian Hills Drive west of Ridgemark Drive. Turf, vines and planters. 5.* Zone 20 Manufactured Slopes Above 169,060 s.f. $ $ Meridian Hills Drive : I b, 2.DD .00 Slope and landscaped areas on the north side 1,~5'o .~o of Meridian Hills Drive west of Ridgemark Drive. Turf, vines and olanters. 6 .* Zone 20 Trail Head Staging Area: 59,000 s.f. $ $ Trail head staging area west of Ridgemark ,crs.Do S, 3'-/D. (){) Drive. Landscape and parkinq areas. 7.* Zone 20 Tract 5405 Lots A & B : 2,800 s.f. $ $ Parkways on west side of Walnut Canyon lZ.5.o0 1.,7otJ .OO Road between the southerly property line of Tract 5405 and the NPDES Basin. Parkways , vines and planters. 8.* Zone 20 Tract 5405 Lot C: 6,880 s.f. $ $ Slope area at the southerly end of Tract 5405 includinQ bioswale and inlet. 1c.,o . ~o r 1 2..eO TOTAL ZONE 20 PHASE 2*: $ ?,tCf5:t>O $ tf Lf, 3L./O.{)I > * 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 sha ll 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. 141 ZONE 21 -SHEA -CANTERBURY & IVY LANE DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 21 Parkways & Planters : 8,712 s.f. $ 2JD,OO $ Parkway, planters , vines and sidewalks: South 252-<!J. 00 side of Los Angeles A venue; east and w est I sides of Milla rd Street. East and west sides of Ede nbridge Road Western perimeter Parkway pl ante r Mill ard Street TOTAL ZONE 2 1 : $2-JO.l>D $ 2.., 5'"l(). 6 0 BID SUMMARY -ZONES 12, 15, 16, 18, 20 & 21 T ota l Monthly Bid Tota l Annual Bid TOTAL BID ALL ZON ES: $ Z,o .I er 5" 3. {) 0 $ Z5 I" 4 3G . 00 • Property sizes and locations listed are approximate and for reference on ly. Contractor sha ll fie ld ve rify actual size a nd location . • Price must include labor , materials, and equipment to perform work , in accordance with the contract documents and specifications . • The City reserves the right to discontin ue landscape maintenance services at any of the locations listed , at any ti me. The contractor's monthly bid amount shall remain in effect for a ll other areas un t il the Agreement with the City and contra ctor has been termin ated . • La ndscape m aintenance services for a reas designated with an asterisk (*) sha ll not begin without prior written City approval. Th e Contr actor's bid amount fo r these areas s hall b e deducted from the tota l monthly compensation paid to Cont ractor unti l s u c h time that the C ity directs the Co n tractor to begin landsca p e mainten ance service in t hese areas . 142 BIDDER'S INFORMATION Bidder ce rtifie s that the following information is true and corre ct: Bidder's Name: o)½<. ~\ ~€:'. L,.D-1'-J bS'~fE: INC-- Type of Firm: ___ Individual; __ Partnership ; X. Corporation Business Address: 2-bt>G '-I Pve('-1 LIE: ->ff•-t'-lft>tz.-D ,, UN 1\ I(. \/,6 L, 6 N c I iA CA Cf t-3 6? Telephone: {,~ I -2-'f 5'" 7 22 B State Contractor's License No. and Class(es): 7'T~5ti.5 CL.MS A, B', C-27, c.rs, f I D'-11 Origin a l Date Issued : 0/2~ /2~CJ I Expiration Date : Bidde rs or Subcontractor's State Pesticide License No.; list ca tegories and "type" of license(s). 1) M2.1t"li GuJt"e, ?~ Co n . 31 t~5 Expiration Date : __ ~_2 .._/~_1_,_/_2_1 _____ _ 2) GAL--4 1357 3 2.. Expiration Date : _1_1_/_J _, /_1-_I _____ _ 3) _____________ Exp iration Date : _________ _ If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, info rmation related to the subcontractor must be disclosed on Subcontractor Form . The follow ing are the names, titles, addresses, and phone numbe rs of all individuals, firm members, partners, joint ventures, an d/or co rp o rate officers having a principal interest in this proposal: 20 143 The date of any voluntary or involuntary bankruptcy judgments against any principa l having an interest in this proposal are as fo llows: A ll current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows : IN W IT NES S WHEREOF , bidder execu tes and su bmits this proposal with the names, titles, hands , and seals of all forenamed principa ls this _____ day of ______ , 2020. Bidder -------------------------- 21 ,2020 -H-I 5-,R_e ~1;/7Lch.JJ.J 144 CALIFORNIA JURAT WITH AFFIANT S T ATEMENT GOVERNMENT CODE § 8202 ~ee Attached Document (Notary to cross out li nes 1-6 below) □ See St atement Below (Lines 1-6 to be completed o nly by document slg ner[s], not Notary) Signature of Document Signer No . 1 Signature of Document Signer No. 2 (if any) A notary public or other officer complet ing thi s cert ificate verifies only the ident ity of the individ ual who signed the document to which th is certificate is attached , and not the truthful ness, accuracy, or validi ty of that document. State of Cal iforni a Count yof l,es~S f ~ •·= ~ 0 0 0 su7AN~. ;E; • 0 ~ _ ~ • Notary Pub lic• Califor nia i . >' ! Los Ange les County ! • . • Commission /1 22 63955 -◄ '0 -' My Comm . Expi res Nov 19, 2022 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) on t his -;J,7 day of Yf1 ~ by Date r h (1) '-, / a...,{A.,~ ~L/5 before me , 20 3'6 , Year (and (2) ____________ ), Name(s) of Signer(s) proved to me on the basis of satisfact ory evidenc e to be the person(s) who appeared b efore m e. Signatu ,e ,~ i;;atureofNotaryPub/ -=--~-----------OPTIONAL ______________ _ Though this sectio · ·ona/, completing this information can deter alteration of the document or fraudulent re>?YN..,,,.hment of this form to an unintended document. Descripti o n of Attache d Document T itle o r Type o f Docum e nt:--------------=---~ Numb er of Pages: __ Signer(s) Other Th an Named Above:--------=...._,,--____ _ ~~~~~'l:R,~'C<.,~~",;?,'g,,g,~"@,~~~~~= ©2014 National Notary Association• www.National Nota ry.org • 1-800-US NOTARY (1 -800-876-6827) Item # i ~ 145 CONTRACTOR'S REFERENCES The fo llowing are the names, addresses, and p hone numbe rs for three public agencies for which bidder has performed landscape maintenance and pesticide operations services , of simi lar s ize, price, and scope to those considered by thi s RFP , within the past two years: 1. Nameof O rg anization : c,r:r bf (...,.0, C:.ANAPA -fut,t. . .\c.., l,c-1&P--~S I &fVIC. CE..r-Ctt?-DQ., L.A C4//:>-P/l-fL1,t-.J-tR 1P6,i4i!:' ~t6fl Address: g•ftil~ ~~c:\CI~ ~l2./D , su ,-\c ~GD , 5..bs:¼¥ C~.i-P 1:-tt> ~•3.ti:? Contact Person : gd>NZ'.ALO V€.Nc G,.AS / Phone#: lB 18 ~ 1'10 -8~ ~ 2. y. LJ~s ~NN'r p..t)\3~ Co ntact Email: kr-ober-t::i f) !cf.ca .~ov Co ntract Amount: ~ Lfo0 ,000 /vi r Acreage Under Contract: 10(!) + Contract Per iod (start/end date):_2.AJ> __ l_1-____ / f P-.b7e.1'-l T Description of landscape services and maintenance program performed: AN::.J,<S M..b-lN t.A ,.r-Je:.p -~f,. ~5. ~L..L-f 16LD5 , ,rJ Pt6L-V,S ' -AND Me:.01~$ 2. Name of Organization : e, 1ty 6' f: S-Ar,rfA C L,-.,A.~1 !A- Address: 2..34'W VALE-N~\ti. W?LYQ . su11:E '.Jo D I .SW~ Cki8-'2-iif. c.A q,~,<5 Co ntact Person : k/)(':(J-...le:. S 1'1 I tt± /~~ •~\ Ph;ne #: 6 {;, I -2 'To -2 20 ~ J Contact Ema il: ~M,t..L-E,& ~'?ck-1'2 ... ~ ly,f~ ,Cc)M Contract Amount: 4\ 3 25 ,D?Ju ) '1' Acreage Under Contract: 7 5 + • Co ntract Period (start/end date): ___ 1A5> __ 1 ';-'--__ / p"'~61'-1 r Description of landscape services and maintenance program performed : AN2.,A? t~.b-1 t---\ y..1 N 6 D Pt>-f--,.\L-. W.t,. 'f 5 1 t-,<\6D 1~,J.? f <D p~ f'--\ 5f P..GE 5 22 146 3. Name of Organization: C,t f"( 6'.>r 60L-e1.A Address: l~o Cf-(Mi,r-J-6 Of-. $u~ B 6DL8p c.-A . ContactPerson : ~IL--M£.D€L--Phone#: E:£J17 ~Cjb8 -~1 69 Contact Email: p t'YI ed e. l 0 C l tr c>ij O la.{~ . ~ f'J Contract Amoun~ I 0(9 rc!)t)C) /0 r-• Acreage Under Contract: 2-~ B,..C,t-t.. .S Contract Period (start/end date): ~ o \ '-l. Description of landscape services and maintenance program performed: 23 147 SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 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 City, State, or Federal equal 24 148 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. 25 149 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD Landscape Maintenance Services Labor Co de Section 3700, in pertinent part, provides: "Every employe r except the state shall secure the payment of compe nsa tion in one or mo re of the follow i ng ways: (a) By being insured against liabil ity to pay compensation in one or mo re insurers duly authorized to write compensation in su rance in this state. (b) By securing from the Director of Industrial Re lations a certificate of consent to se lf- insure, wh ic h may be given upon furnishing proof satisfactory to the Di rector of Industrial Relations of ability to self-insure and to pay any compensation that may become due to hi s employees." I am aware of the provisions of Sectio n 3700 of the Labor Code, which requ ires every emp loyer to be insured against liabil ity for worke rs' compensation or to undertake se lf-assu rance in accordance with the provisions of that code, and I will comp ly with such provisions before commencing the pe rformance of the work of this contract. Dated : ~ h.-r / 2.llz..u (In accordance with Ca lifornia Labor Code Section 1860, et~-, th e above Certificate must be sig ned and filed with the City prior to performin g any work under the Agreement.) 26 150 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 f~es1 Oe.t--1± foregoing Bid. of ~442-.11>6€. ¼)p.<cgu.,, the party making the I /'l(., 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 e xe cu te, ihis declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of Californ ia th: the foregoing is true and correct and that this de claration is executed on '? /,.7 2-b2<J [date], at V?.\GdAo, CA [city], _________ [state]. Signature: Printed Name : Signature: --------- This form must be notarized . sec. z_ tt2<:..W 2.7 151 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ~~~~~~~cru:~~~~~~~~~~~i1<lc~~· ~~~~.,cte'~-0¢.«<'~ 1$ See Attached Document (Notary to cross out l ines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary publ ic or other officer complet ing this cert ificate verifies only the identity of the ind ividual who signed the document to which this cert ificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif9 rn ia ,1 A fl. r County of _l,D_5 __ l _1Yl~'1:._',v:..I __ ::> Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me p 20 Jo, Year -(and (2), _____________ ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person ) who appeared before me. ---------------OPTIONAL ______________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ______________ Document Date: ______ _ Number of Pages: __ Signer(s) Other Than Named Above: _____________ _ .~~~~~~~~'.lil'(;,~~~~~~'G<;~~'e'<).'<l:C(,'<Z(,'C(,'( ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800 -876-6827) Item #5910 152 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 Opportun ity Clause, as required by Executive Orders 11246 , entitled "Equa l Employment Opportunity" as amended by Executive Order 11375, and supp lemented 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 Comp liance, a Federa l Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity , all reports due under the applicab le filing requirements. (!5 ~R\ DGte. LWD~:fe:. ING, Name of "dding Company Title Date 28 153 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXEC UTED B Y BIDDER AND SUBMITTED WITH B ID [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 th is contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to publ ic works and the awarding Owner ("Owner") and agrees to be bound by all the provisions thereof as though set forth in fu ll herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevaili ng rates of wages to workers and the penalties for fail ure 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 prevaili ng rates as determined by the Directo r 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, a nd (3) inform Ow ner 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 Cali fornia Labor Code Section 1777.5 concerni ng 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 Cal ifornia as amended. 6. Con tractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work ~xcess hours. Contractor shall. as a ;,anally to Owner, forfeit twenty-five dollars ($25) for each worker employed in the executio n of the contract by Contractor or by any subcontractor for each calendar day during which such worker is requi red or permitted to work more than 8 hours i n any one calendar day and 40 hours in any one calendar week in vio lation 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. I n accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: •1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability f orker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will o ply with such provisions before commencing the performance of the work of this contract." Printed Name:...._,....,_.,,...._-+-_..._.~~..;:...,.,__ ___ _ Company: a,..A \"--\2::\ DGs. e-\...A~~ Sc bf£. f NL, Title: f '2-G-> \ t)E:. ~'-lt 29 Date: 5 /1..1 / '-19 ?O 154 .-- Bond No. N/A BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: ---- WHEREAS the City of Moorpark ("Public Agencyn), 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 ______ o,.,.a .... k .... rid__.g._e_L_an_d_sc_a...,pe_-2_s_o_64_A_v_e_n_ue_s_t_an_fo_r_d_, u_n_it_K_, _v_al_en_c_ia_, c_A_9_1_3_ss __ _ (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 SureTec Insurance Company 3131 Caminio del Rio N., Suite 1450, San Diego, CA 92108 (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 Ten Percent of the Total Bid Amount----------- ---------------------------------------------------------------------------------------------------------------------------------Dollars ($ 10% of the Total Bid Amount---------------------------------), 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 bo11~::!eci Principal is awarded the Contract for the Work by the Public Agency and, wittl!!'! !111:: time and in the manner required by the bidding specifications, enters into the written torm of Contract includ~d 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. 30 155 ,- 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: May 27, 2020 wsu rety" Oakridge Landscape, Inc. sureTec Insurance Company Stanford, Unit K, Valencia, CA 91355 By: Its: Its: By: By: N/A Its: ____________ Its: Note: This Sond mus, t:J dgtf'li, :!!! =!i,;;;:.,,es must be notarized, and evidence of the aut/lorft/ of any person signing as attomey-ln•fact must be attached. 31 156 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Bid Bond No.: N/A On May 27 t h , 2020, before me, Jamie A. Goodrich, Notary Public, personally appeared Jennifer K. Green, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within i nstrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY unde r the laws of the State of California that the foregoing paragraph is true and correct. W ITNESS my hand and official seal. •••••••• f JAMIE A, GOODRICH Notary Putll c • Californ ia x Los Antfles County ~ Commission# 2327605 - y Comm. Explm May 7, 2024 157 POA #: 510541 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jennifer K. Green its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 9th day of November , A.D. 2018 . State of Texas County of Harris ss: ~1u11,...,._ _ .. '?,~.~~~~~ ~ ... • ... ;·.;o\ /;//~~ ....... i, tiii w i~, ct\ ~ ,f ~j ~• •• .J. .... , ····• .... .;;······ ./ fftl'f,,,,. SURETEC PANY On this 9th day of November , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. · avez, Notary Public commission expires September I I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ----..:. Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. 158 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." State of California County of Los Angeles On May 27, 2020 before me, Susan L. Meza, Notary Public, personally appeared Jeffrey Myers, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity on behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. ~--··········~ • o, '• SUSAN L. MEZA : ' .... . • Notary Public • Californ ia : i ; . '=-Los Angel~ County ~ • ·. • ' Commission # 2263955 ,,, 0 • My Comm. Expir~ Nov 19, 2022 159 ac:a OU'i\llTIM#'l'Ol'COll&lll•All'"I.W CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE , . .,..,_ 798565 Em, CORP "'"""'"""' OAKRIDGE LANDSCAPE INC C••"""'"'" AB C27 C61/D49 ...... ~""· 08/31/2021 www.cslb.ca.gov fA 160 • .. DEPJ\RTMENT;OF PE~TICIDE REGULATION . nr ; LICENSING/CERTIFICATION PROG~M 1---• _ QAL. · · QUALIFIEDAPPLICATOR LICE,NSE " LICENSE #:135732 EXPIRES-:.12/:31/i021 Categories: B Issued: _ 1/1/2020 · I ARMANDO TRINIDAD 43735 HARDWOOD AVE 1 LANCASTER, CA 93534 . I ! I I llllllllllrnl 4 l . -_ I Thie Udense mu ■t be ohown ID '""ll'-rapre■enta&v.• of the Dir9C!!Dr or Commlsslanar upon no,quesl ; ,' . .·· • • ~,_ _ __,,.! 161 pr CALIFORNIADEPARTMENT OF PESTICIDE REGULATION 1001 I STREET ISSUED: EXPffiES: January 14, 2020 December 31, 2021 Mailing Address OAKRIDGE LANDSCAPE INC 28064 A VE STANFORD #K VALENCIA, CA 91355 SACRAMENTO, CALFORNIA 95814 POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICENSE IS NOT TRANSFERABLE -ANY CHANGE IN OWNERSHIP REQUIRES A NEW LICENSE 1. Please make sure the information on your license is correct. 2. Notify us immediately of any changes to your business ( e.g., name, address, insurance carrier or qualified person). 3. If you lose your license, then you may request a new one for a $20 fee. 4. Please refer to the license number located in the middle of the page when contacting us. 5. For more information, please contact us at (916) 445-4038 or at <licensemail@cdpr.ca.gov>. Or you may write to Department of Pesticide Regulation Pest Management and Licensing Branch Licensing and Certification Program P.O. Box 4015 Sacramento, California 95812-4015 @ OSP 15 137571 162 Addendum No. 1 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 5 24. Q: Zone 16 3rd Parkway (between Gisler road and westerly property line), what is the name of the street or where is end of property line? A: The properly fine ends at a point approximately 100' east of Sierra Avenue. 25. Is roundup ok to use? A: Currently the use of glyphosate-based herbicide is allowed with prior written City approval, however the City cannot guarantee that its use will continue to be allowed for the duration of the contract term, and reserves the right to restrict its use at any time. This addendum shall be made part of the above referenced project. Fu ll compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation w ill be allowed therefore. J e-re-m,y Uu,(,,r~ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Chris Ball, cball@moorparkca.gov no later than 12:00 p.m . May 26 , 2020 . ........................................................................................................................................... PLEASE EMAIL A S IGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: <0Af:IZIOC:t£ LAl--lP.$'C Afe ',Jc.,. Authorized Representative:._~=-'=~:::+--\-----''---L~"'-4-'1-"'-+------------- Signature of Authorized Representative : ___ ~..Jf-..------------ 163 CITY OF MOORPARK PARKS, REC REATION est COMMUNITY SERVl CES DE PT. I 799 Moorpark Aven ue, Moorpark, CA 93 0 21 Main C ity Phone Numbe r (805) 517-6200 I Fax (BOS) 532 -2550 I moorpark@moorparkca.gov May 22 , 2020 ADDENDUM NO. 2 for Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 and 21 Identification No. PR-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: QUESTIONS/CLARIFICATIONS: 1. Q: Can we get historical irrigation reports? A: Irrigation reports for January 2020 are included in this addendum. Other periods can be provided on request. This addendum sha ll be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation wi ll be allowed therefore . Je-r~ Ut.Ur~ Jeremy Laurentowski , Parks and Recreation Director Questions regarding this addendum may be directed to th e City's Project Representative Chris Ba l l, cball@moorparkca.gov no later than 12:00 p.m. May 26, 2020 . • • • • • •.■a•■•■■ ■I ■■■■■■■ I ■■■ I I I I I I I I I I I I I I I I I I I I I II I I I I ■ I I I I ■ I I I I I ■ I I I I I I I ■ I I I I I I I I I ■ I I I I I ■ I I I I I I I I ■■■ I I I I ■ I I I I I ■ I I I I I I I I I I I I I I I I I I I I I I I ■ I I I PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: 6k:f4s\ D:'.'.'::t~ LL>,ND:SC.A-t 12. r NL-- Authorized Representative: ,jt::.ff M':( e,~ Sig nature of Authorized Representative: ___ YS"-~~----------- j \"\ICES. P,\R\ I\ ;1.(ayor CHRIS E'-El,REi\ Councilmcmbc r ROSb\ "\ \ \IIl<..uS. Ph.D Councilmembcr [),\\ ID PDLLOO.. Council membe r 1--.Ei\ Sl\10"\S Councilme mber 164 7 . Q: A: 8 . Q: A: 9. Q: A: Addendum No. 3 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 , and 21 Page2 Is any of the existing irrigation brass valves or galvanized piping? Master valves are brass valves. No galvanized piping to our knowledge. Is the City satisfied with the current state of the repairs completed to the DG paths throughout the zone after the rain season? Yes . Future projects (not included in this RFP or contract) are planned to improve the condition of trails in Zones 15 & 20. Is there any way you can provide a map or clarify which areas of the LMD the city expects to be mulched? Generally the areas to be mulched include the parkways, streetscapes and median islands . Slopes will not be included. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. Je-r~ Laur~ Jeremy Laurentowski, Parks and Recreation Director ........................................................................................................................................... PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: <0,A\L~IDC:t~ LajD.SCbf~ /tJl, 165 CITY OF MOORPARK CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES LMD ZONES 12, 15, 16, 18, 20 AND 21 IDENTIFICATION NO. PR–2020-1 RFP Submittals Due By May 29, 2020 At 4:00 p.m. City of Moorpark CONTACT: CHRIS BALL Management Analyst 799 Moorpark Avenue Moorpark, California 93021 166 2 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL FORM 12 BID SCHEDULE 13 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 96 167 3 CITY OF MOORPARK NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT ZONES 12, 15, 16, 18, 20 AND 21 Identification No. PR-2020-1 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 Parks and Recreation Department, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 4:00 p.m. on Friday, May 29, 2020. 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. Prospective bidders may obtain copies of the RFP for Landscape Maintenance Services for Landscape Maintenance District Zones 12, 15, 16, 18, 20 & 21 from the City of Moorpark website at www.moorparkca.gov/bids. Bidders who intend to submit a proposal in response to this RFP must to register in advance with the City. To register, email Administrative Assistant Kim Sexton at ksexton@moorparkca.gov no later than Thursday, May 14th at 5:00 p.m. Registration emails should reference Project ID # PR-2020-1, and include Contractor Name, Contractor Address, Primary Contact Name, Primary Contact Phone Number and Primary Contact Email Address. An online pre-bid teleconference will be held on Monday, May 18, 2020 at 9:00 a.m. Pre-bid teleconference participation information will be emailed to registered bidders on Friday, May 15th. A City tour of the proposed areas will be made available to registered bidders on Wednesday, May 20, 2020 at 9:00 a.m. 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 168 4 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. If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the 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 Friday, May 22, 2020 at 1:00 p.m. in order to provide the City sufficient time to evaluate the question and respond. Questions received after the aforementioned deadline will be deemed not received. The City will respond via written addendum no later than 48 hours prior to the bid due date. See Instructions to Bidders for contact and additional information. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the City of Moorpark (799 Moorpark Avenue, Moorpark, CA 93021) in a sealed envelope plainly marked on the outside, "RFP for Landscape Maintenance Services – Do Not Open With Regular Mail”, (Proposer’s Name) and “May 29, 2020 at or before 4:00 p.m.”. 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 evidence of DIR Registration, active contractor’s license, and required pesticide license with the bid documents. All bids must be submitted in conformance with this Notice and with Instructions to Bidders. The City of Moorpark reserves the right to reject all bids. This contract is subject to liquidated damages. 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 169 5 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, and slopes. 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 12 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. Bidders who intend to submit a proposal in response to this RFP must register with the City no later than Thursday, May 14th at 5:00 p.m. by emailing Administrative Assistant Kim Sexton at ksexton@moorparkca.gov. Registration emails should reference Project ID No. PR-2020-1 and include the following:  Contractor Name & Address  Primary Contact Name  Primary Contact Email Address  Primary Contact Phone Number 170 6 An online pre-bid teleconference will be held on Monday, May 18, 2020 at 9:00 a.m. Pre-bid teleconference participation information will be emailed to registered bidders on Friday, May 15th. A City tour of the proposed areas will be made available to registered bidders on Wednesday, May 20, 2020 at 9:00 a.m. 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. The proceeds of the Bond will become the property of the City if the bidder fails to or refuses to execute the contract within fourteen (14) calendar days after the City has notified the bidder of intent to award the bid or within fourteen (14) 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 fourteen (14) calendar 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 “May 29, 2020 at or before 4:00 p.m.”. Proposals may be mailed or delivered by messenger to Parks and Recreation Department, 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 appropriate official prior to the bid due date stipulated in the Notice Inviting Sealed Bids. 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 171 7 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 . 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 172 8 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 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. Bidder finding discrepancies or omissions in the RFP documentation or having doubts as to the meaning or intent of any provision should immediately notify the contact person listed below. Questions must be received in writing no later than Friday, May 22, 2020 at 1:00 p.m in order to provide the City sufficient time to evaluate the question and respond. All questions related to this RFP shall be directed to: Chris Ball Management Analyst Email: cball@moorparkca.gov 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. 173 9 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. 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. The City reserves the right to request additional information from any bidder, at any time, which the City deems necessary to evaluate the bidder’s proposal and qualifications. 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 174 10 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 twelve (12) month contract (July 1, 2020 through June 30, 2021), 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 Project Representative, at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA, together with the insurance certificates and endorsements and contract bonds within fourteen (14) 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 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 qualified 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 175 11 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. 176 PAGES 12 – 48 ARE THE PROPOSAL DOCUMENTS (EXHIBIT C) AND THE SAMPLE AGREEMENT DOCUMENTS, AND HAVE BEEN REMOVED FROM THIS EXHIBIT D SO AS NOT TO BE DUPLICATIVE. 177 49 APPENDIX A EXECUTION OF CONTRACT Contractor shall execute the Agreement within fourteen (14) calendar 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 fourteen (14) calendar 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. 178 50 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} 179 51 (Corporate Seal) ________________________________ (Principal) Notarial Certificate Attached By______________________________ ________________________________(Title) (Corporate Seal) ________________________________ (Surety) Notarial Certificate Attached By______________________________ ________________________________ (Title) 180 52 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# ______________________________ 181 53 SAMPLE INSURANCE FORMS 182 54 183 55 184 56 185 57 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 n on- 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 186 58 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 187 59 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 188 60 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 189 61 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.[No fee?] 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 190 62 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, 191 63 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 192 64 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. 193 65 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. 194 66 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. 195 67 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. 196 68 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 197 69 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. 198 70 b. Application of the fertilizer shall be done in sections in accordance with t he 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 199 71 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. 200 72 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. 201 73 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 202 74 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 203 75 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. 204 76 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. 205 77 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. 206 78 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. 207 79 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 208 80 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. 209 81 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. 210 82 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 211 83 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. 212 84 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. 213 85 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. 214 APPENDIX D LANDSCAPE MAINTENANCE DISTRICTS AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) ZONES 12, 15, 16, 18, 20, 21 215 90 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:_______________ 216 91 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 217 92 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 218 93 219 94 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 220 95 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 221 96 APPENDIX H LANDSCAPE MAINTENANCE DISTRICTS ZONES 12, 15, 16, 18, 20 and 21 AREA DIAGRAMS 222 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 22, 2020 ADDENDUM NO. 1 for Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 and 21 Identification No. PR-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: REVISIONS: 1. The Bid Schedule (pages 13 through 19 of the RFP) is hereby replaced with the revised version in this addendum dated 5/22/2020. Bidders are to use this revised Bid Schedule to submit their proposals. Revisions include:  Zone 12-Carlsberg, item 1 description revised to include sound wall vines.  Zone 20 Tract 5405 Lots A & B is removed from the bid schedule for Zone 20 - Meridian Hills – Phase 1, and added to the bid schedule for Zone 20 – Meridian Hills – Phase 2.  Zone 20 Tract 5405 Lot C is removed from the bid schedule for Zone 20 - Meridian Hills – Phase 1, and added to the bid schedule for Zone 20 – Meridian Hills – Phase 2. 2. Appendix D Landscape Maintenance Districts Areas To Be Maintained (Area Descriptions) (pages 86 – 89 of the RFP) is hereby replaced with the revised version in this addendum dated 5/22/2020. Revisions reflect those in the Revised Bid Schedule. 3. Appendix H, Landscape Maintenance Districts Zones 12, 15, 16, 18, 20 & 21 Area Diagrams (beginning on page 96 of the RFP) is hereby replaced with the revised version in this addendum dated 5/22/2020. Revisions include:  Zone 12 Area Diagram is modified to show detention basin on east side of Miller Parkway and natural areas.  Zone 20: Meridian Hills area diagram is modified to show Zone 20 Tract 5405 Lots A, B & C as part of Phase 2 4. The contract term is hereby revised throughout the RFP as follows: The term of the contract shall be twelve (12) months (July 1, 2020 through June 30, 2021), with an option for two (2) additional one-year terms, at the City’s discretion. 223 Addendum No. 1 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 2 5. Page 5, paragraph 2 is hereby replaced in its entirety as follows: “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. The proposal forms which must be submitted by bidders include pages 12 through 31, as may be amended by the City.” 6. The deadline to submit questions has been extended to Tuesday, May 26, 2020 at 12:00 p.m. Questions are to be submitted in writing to Chris Ball at cball@moorparkca.gov. QUESTIONS/CLARIFICATIONS: 1. Q: Who is the current Contractor and what is the current monthly cost? A: Zones 12, 15 & 20: Oakridge Landscape, Inc. Zones 16, 18 & 21: Venco Western, Inc. Monthly Costs: Zone 12: $3,323 / Zone 15: $2,383 / Zone 20: $11,684 Zone 16: $200 / Zone 18: $261 / Zone 21: $105 Total Monthly Cost: $17,956 2. Q: Is the current contractor in compliance? A: Yes 3. Q: How much historically has been held back? A: $0 4. Q: When will the Meridian Hills detour open? A: It is anticipated that the opening of the Meridian Hills detour will coincide with the acceptance of Zone 20, Phase 2. Phase 2 is anticipated to be accepted by the City later this year (2020). 5. Q: Is there a list of City approved irrigation material replacements? Is it in the RFP? A: No. 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 (see Appendix C, Section J.3. of the RFP) 6. Q: What is the height limit on tree work in this scope? A: 8’ (see Appendix C, Section G.1. of the RFP) 7. Q: Is cultivation required? Is it being done? A: Planters shall be cultivated to a depth of 1” and raked each month (see Appendix C, Section E.4.of the RFP). Yes. 224 Addendum No. 1 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 3 8. Q: Can the part time supervisor be one of the irrigation technicians or a a crew leader? A: 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 (see Appendix B, Section B of the RFP). 9. Q: Can we get the current spend on existing contract? Has SOW changed? A: See answer to Questions/Clarifications #1 above. Scope of Work has not changed. 10. Q: Is the cost of mulch 2x/year and labor to install to be included in the contract price? A: Yes 11. Q: Is there a CPI increase allowed after the initial 1 year term? A: No 12. Q: Is the minimum requirement 1 or 2 irrigation staff? A: One (1) 13. Q: Is the replacement of plant material to be included in the contract even if it is not the contractor’s fault? A: See Appendix B, Section E of the RFP. 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. 14. Q: Are we able to submit our own proposal with the bid package or just the documents in the RFP packet? A: Proposals are to be submitted on the forms provided in the RFP package and in this Addendum. 15. Q: RFP refers to Pest Control Operator. Does this mean they have to have a QAL, or do they qualify if they have received the correct training as required by law to be an applicator? A: All chemicals are to be applied by persons possessing a valid State of California Qualified Applicator License (QAL), Qualified Applicator Certificate (QAC), or properly trained persons operating under the supervision of a QAL or QAC. Application shall be in strict accordance with all State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioner’s Office guidelines and regulations. 225 Addendum No. 1 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 4 16. Q: Confirm no Sat/Sun work. A: See Appendix B, Section A, Working Hours (page 57 of the RFP). 17. Q: Clarify if space on site will be available. A: See Appendix B, Section U, Equipment Storage on City Property (page 64 of the RFP). 18. Q: Will there be an initial period where the City will pay for any required irrigation repairs that currently exist? Or will the new service provider be required to bear the cost of any existing deficiencies at the onset of the new contract? A: Contractor will be allowed 30 days at the beginning of the term to inspect irrigation systems and determine any needed repairs. City will supply materials for necessary repairs. Contractor is to supply labor for repairs. 19. Q: In Zone 21 is the expectation for vines to be trimmed 1 block down from the top of the wall? A: Vines are to be maintained in accordance with Appendix C, Section G.2.j. of the RFP and trimmed to prevent them from growing over the walls. Specific height is at the contractor’s discretion. 20. Q: Clarify that in Zone 15, area to be maintained on south side of Championship Drive is from curb to trail. A: Area to be maintained on the south side of Championship Drive is from the curb to the south side of the multi-use trail. 21. Q: In Zone 15, is the wall adjacent to the south side of the multi-use trail between Rawls Road and Trevino Drive included in the area to be maintained? A: No. 22. Q: In Zone 15, can daylilies be cut to the ground once a year? A: No. Daylily maintenance is to consist of periodic dead heading of spent flowers and removal of dead plant material. 23. Q: Clarification regarding sand bag placement in Zone 15. A: Maintenance of multi-use trail will include, at the City’s direction, the placement of sand bags for erosion control prior to the start of the winter season, and removal of sand bags prior to summer. Sand bags will be supplied by the City. 226 Addendum No. 1 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 5 24. Q: Zone 16 3rd Parkway (between Gisler road and westerly property line), what is the name of the street or where is end of property line? A: The property line ends at a point approximately 100’ east of Sierra Avenue. 25. Is roundup ok to use? A: Currently the use of glyphosate-based herbicide is allowed with prior written City approval, however the City cannot guarantee that its use will continue to be allowed for the duration of the contract term, and reserves the right to restrict its use at any time. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City’s Project Representative Chris Ball, cball@moorparkca.gov no later than 12:00 p.m. May 26, 2020. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 227 BID SCHEDULE (Revised 5/22/2020) ZONES 12, 15, 16, 18, 20, 21 ZONE 12 - CARLSBERG DESCRIPTION SIZE Monthly Bid Amount Annual Bid Amount 1. Zone 12 Parkways and Slopes: 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. West side of soundwalls at Hwy 23 southbound off ramp at Tierra Rejada Road. Vines. 400,753 s.f. $ $ 2. Zone 12(a & b) Median Islands: Median island(s): Miller Parkway between Los Angeles Avenue and Peach Hill Road. Median island(s): Miller Parkway between Peach Hill Road and Tierra Rejada Road 130,680 s.f. $ $ TOTAL ZONE 12: $ $ 228 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(a & b) 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(c) 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: $ $ * 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. 229 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: $ $ 230 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 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. $ $ 4. 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. $ $ 5. 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. $ $ 6. 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 basin. Turf, vines, planters and landscaped areas. 100,275 s.f. $ $ 7. 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. $ $ 231 8. Zone 20 Manufactured Slopes South Walnut Canyon Road: Slope adjacent to the west side of Tract 5405. 81,680 s.f. $ $ 9. 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. $ $ 10. 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: $ $ 232 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. $ $ 7.* 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. $ $ 8.* Zone 20 Tract 5405 Lot C: Slope area at the southerly end of Tract 5405 including bioswale and inlet. 6,880 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. 233 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 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.  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. 234 APPENDIX D (Revised 5/22/2020) LANDSCAPE MAINTENANCE DISTRICTS AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) ZONES 12, 15, 16, 18, 20, 21 DESCRIPTION SIZE MAP 1. Zone 12 Carlsberg: 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. West side of soundwalls at Hwy 23 southbound off ramp at Tierra Rejada Road. Vines. 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 si de of Championship Drive at Walnut Canyon Road and Grimes Canyon 382,270 s.f. Z15 235 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. 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 & Z15b 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 6. 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 7. 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 8. 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 9. 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 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 236 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 21.* Zone 20 Manufactured Slopes Below Meridian Hills Drive (Phase 2): Slope and landscaped areas adjacent to the sou th side of Meridian Hills Drive west of Ridgemark Drive. Turf, vines, planters and landscaped areas. 109,700 s.f. Z20 237 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 20 Tract 5405 Lots A & B (Phase 2): 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 25.* Zone 20 Tract 5405 Lot C (Phase 2): Slope area at the southerly end of Tract 5405 , including bioswale and inlet. 6,880 s.f. Z20 26. 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. 238 APPENDIX H (Revised 5/22/2020) LANDSCAPE MAINTENANCE DISTRICTS ZONES 12, 15, 16, 18, 20 and 21 AREA DIAGRAMS 239 240 241 242 243 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 22, 2020 ADDENDUM NO. 2 for Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 and 21 Identification No. PR-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: QUESTIONS/CLARIFICATIONS: 1. Q: Can we get historical irrigation reports? A: Irrigation reports for January 2020 are included in this addendum. Other periods can be provided on request. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City’s Project Representative Chris Ball, cball@moorparkca.gov no later than 12:00 p.m. May 26, 2020. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 244 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 26, 2020 ADDENDUM NO. 3 for Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20 and 21 Identification No. PR-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: QUESTIONS/CLARIFICATIONS: 1. Q: Under the current agreement, are Ornamental grasses renovated annually? If not, is this acceptable or desired under the new agreement? A: Yes 2. Q: Clarifying the Boundaries on the Detention Basin for Zone 15, Section C, is it everything inside the black fence? A: Yes 3. Q: Is the current state of the detention basin (Zone 15, Section C) acceptable at this time? A: The Zone 15 (c) detention basin has not been accepted by the City. The City will not accept the detention basin unless its condition conforms with the standard defined in Appendix C, Section L.4. of the RFP. 4. Q: In Zone 18, what is the City’s opinion of the detention basins at this time? A: Detention basin maintenance is covered in Appendix C, Section L.4. These detention basins are on the current contractor’s punch list. 5. Q: During Site Inspections, V-Ditches found to have organic debris, weeds, and dirt build up in some areas. What is the expectation for V-Ditches? A: The expectation for V-Ditches is the same as that for all drains. See Appendix C, Section L: Swales, Drains and Basins (Debris, Retention, Detention and Catch Basins). V-Ditches are on the current contractor’s punch list. 6. Q: In Zone 21, the planter on the West Side of Millard at LA Ave, is the planter above the retaining wall part of the LMD or the HOA? A: LMD 245 Addendum No. 3 Landscape Maintenance Services LMD Zones 12, 15, 16, 18, 20, and 21 Page 2 7. Q: Is any of the existing irrigation brass valves or galvanized piping? A: Master valves are brass valves. No galvanized piping to our knowledge. 8. Q: Is the City satisfied with the current state of the repairs completed to the DG paths throughout the zone after the rain season? A: Yes. Future projects (not included in this RFP or contract) are planned to improve the condition of trails in Zones 15 & 20. 9. Q: Is there any way you can provide a map or clarify which areas of the LMD the city expects to be mulched? A: Generally the areas to be mulched include the parkways, streetscapes and median islands. Slopes will not be included. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 246 ATTACHMENT 2 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 BUDGET TO APPROPRIATE $29,868 FROM VARIOUS FUNDS TO FULLY FUND LANDSCAPE MAINTENANCE SERVICE COSTS IN LANDSCAPE MAINTENANCE DISTRICTS 12, 15, 16 AND 21 WHEREAS, on June 17, 2020, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year (FY) 2020/21; and WHEREAS, a staff report has been presented to City Council recommending the award of a landscape maintenance service agreement to Oakridge Landscape, Inc. for service in Landscape Maintenance Districts (LMDs) Carlsberg Specific Plan (LMD 12), Country Club Estates (LMD 15), Mountain View (LMD 16), Moonsong Court (LMD 18), Meridian Hills (LMD 20) and Canterbury/Ivy Lanes (LMD 21) in the amount of $316,436 per year including an annual contingency of $65,000; and WHEREAS, the same staff report described the impact of the new contract costs and recommended a budget expenditure increase of $29,868 to fund these services in specific LMDs. The budget amendment will be required from 84-2 Carlsberg Fund (2312) - $14,316; Country Club Estates Fund (2315) - $14,172; Mountain View Fund (2316) - $120; Canterbury & Ivy Lane Fund (2321) - $1,260; and WHEREAS, Exhibit A hereof describes said budget amendment and its resultant impact to the budget line items. NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An aggregate budget amendment of $29,868 from various funds to fully finance landscape maintenance services, as more particularly described in Exhibit A, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of June 2020. __________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment 247 Resolution No. 2020 - Page 2 EXHIBIT A BUDGET AMENDMENT FOR VARIOUS FUNDS TO FULLY FINANCE LANDSCAPE MAINTENANCE SERVICES FISCAL YEAR 2020/21 FUND BALANCE ALLOCATION: Fund Title Fund Account Number Amount LMD-Z12: 84-2 Carlsberg 2312-000-00000-33990 14,316.00$ LMD-Z15: Country Club Estates 2315-000-00000-33990 14,172.00$ LMD-Z16: Mountain View 2316-000-00000-33990 120.00$ LMD-Z21: Canterbury & Ivy Ln 2321-000-00000-33990 1,260.00$ Total 29,868.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2312-542-P0004-53000 65,376.00$ 14,316.00$ 79,692.00$ 2315-542-P0004-53000 89,632.00$ 14,172.00$ 103,804.00$ 2316-542-P0004-53000 3,650.00$ 120.00$ 3,770.00$ 2321-542-L0071-53000 6,980.00$ 630.00$ 7,610.00$ 2321-542-L0072-53000 6,130.00$ 630.00$ 6,760.00$ -$ -$ -$ Total 171,768.00$ 29,868.00$ 201,636.00$ 248