HomeMy WebLinkAboutAGENDA REPORT 2021 0602 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 2, 2021
ACTION APPROVED STAFF
RECOMMENDATION.
J.Consider Award of Agreement to Parkwood Landscape Maintenance, Inc. for
Landscape Maintenance Services in Landscape Maintenance District Zone 22.
Staff Recommendation: Approve Agreement with Parkwood Landscape
Maintenance, Inc. and authorize the City Manager to execute the Agreement,
subject to final language approval of the City Manager. (Staff: Chris Ball)
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Senior Management Analyst
DATE: 06/02/2021 Regular Meeting
SUBJECT: Consider Award of Agreement to Parkwood Landscape Maintenance,
Inc. for Landscape Maintenance Services in Landscape Maintenance
District Zone 22
SUMMARY
It is requested that the City Council consider approval of an Agreement with Parkwood
Landscape Maintenance, Inc. (Parkwood) in the amount of $204,328 annually for landscape
maintenance services in Landscape Maintenance District (LMD) Zone 22.
BACKGROUND
On August 1, 2018, the City Council approved an agreement with Oakridge Landscape, Inc.
for landscape maintenance services in LMD Zone 22 with an initial term ending June 30,
2019, and containing a provision for up to two one-year extensions. Over the course of the
contract both of the optional extensions were executed, and the final term is scheduled to
expire on June 30, 2021.
On April 29, 2020, the City Council approved redistributing landscape maintenance services
among the contractual service areas so that service level modifications could be
implemented to reduce costs in those underfunded LMDs that generally require an annual
General Fund subsidy including the Citywide LMD; LMDs 1-11; LMD 14; and miscellaneous
City properties. Service levels in the fully funded LMDs 12, 15, 16, 18, 20, 21 and LMD 22
were not affected by this redistribution, and landscape maintenance standards did not
change in these areas.
DISCUSSION
With the current landscape maintenance contract for LMD 22 scheduled to expire at the end
of June, staff prepared and released a Request for Proposals (RFP) for landscape
Item: 10.J.
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Honorable City Council
6/02/2021 Regular Meeting
Page 2
maintenance services on May 5, 2021. A mandatory pre-bid meeting and site visit with
interested bidders was conducted on May 14. The City received six proposals by the due
date of May 21, 2021. 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)
Parkwood Landscape Maintenance $177,828
Venco Western $204,528
Oakridge Landscape $237,660
BrightView Landscape Services $251,068
American Heritage Landscape $305,484
Mariposa Landscapes $441,084
The lowest bid was submitted by Parkwood. Staff believes that they have the necessary
qualifications and experience to perform the required services. Staff recommends awarding
an Agreement to Parkwood for landscape maintenance services for LMD 22 in the
amount of $204,328 per year, which includes an annual contingency of $26,500, with
three optional one-year extensions, for a total contract value over four years of $817,312.
FISCAL IMPACT
The total proposed Fiscal Year 2021/22 budget for Property Maintenance Services
(53000) for Lighting and Landscape Maintenance Districts (542) in LMD 22 is $338,324.
Of this amount, $207,324 is designated for landscape maintenance services. Parkwood’s
annual cost for landscape maintenance services in LMD 22 is $177,828, which represents
a savings of $29,496 annually. Adequate funding is budgeted in 53000 to cover any
contingency expenses. No additional appropriation is required at this time.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with Parkwood Landscape Maintenance, Inc. and authorize the City
Manager to execute the Agreement, subject to final language approval of the City
Manager.
Attachment: Draft Agreement with Parkwood Landscape Maintenance, Inc.
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ATTACHMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
PARKWOOD LANDSCAPE MAINTENANCE, INC., FOR LANDSCAPE MAINTENANCE
SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT ZONE 22
THIS AGREEMENT, is made and effective as of this _________ day of June,
2021, between the City of Moorpark, a municipal corporation (“City”) and Parkwood
Landscape Maintenance, 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) Zone 22, plus 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 20, 2021,
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, 2021 and will expire on June 30,
2022 unless this Agreement is terminated or suspended pursuant to this Agreement.
Upon the mutual consent and written amendment to this Agreement executed by
both parties, the term of this Agreement may be extended by three (3) additional one (1)
year periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide landscape maintenance services for LMD Zone 22 plus
additional repair and installation services as needed, as set forth in Exhibit C:
Contractor’s Bid Proposal, and as set forth in Exhibit D: Landscape Maintenance
Service Specifications. In the event there is a conflict between the provisions of Exhibit
C, 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 total contract
value of two hundred four thousand three hundred twenty-eight dollars ($204,328.00)
annually, which includes an annual contingency of twenty-six thousand five hundred
dollars ($26,500.00) without a written amendment to the agreement executed by both
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parties. Payment by City to Contractor shall be in accordance with the provisions of this
Agreement.
City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be George Albanez, 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 two hundred four
thousand three hundred twenty-eight dollars ($204,328.00) annually, which includes an
annual contingency of twenty-six thousand five hundred dollars ($26,500.00), for the
total term of the Agreement unless additional payment is approved as provided in this
Agreement.
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Contractor shall not be compensated for any additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
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the default. The Contractor shall have five (5) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150.00) 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.
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10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees 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.
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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,
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confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
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
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To: David L. Melito, President
Parkwood Landscape Maintenance, Inc.
16443 Hart Street
Van Nuys, CA 91406
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.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK PARKWOOD LANDSCAPE
MAINTENANCE, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager David L. Melito, President
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor’s employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
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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
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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
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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
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assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
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(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
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
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(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 their 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, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes
or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020.
Repealed as of January 1, 2027, by its own provisions.)
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EXHIBIT C
CONTRACTOR'S BID PROPOSAL
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EXHIBIT D:
LANDSCAPE MAINTENANCE SERVICE SPECIFICATIONS
PART 1: CONTRACTOR PERFORMANCE REQUIREMENTS (RFP Appendix B)
PART 2: SCOPE OF WORK (RFP Appendix C)
PART 3: AREAS TO BE MAINTAINED (RFP Appendix D)
PART 4: CONTRACTOR’S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED
MATERIALS (REPORT) (RFP Appendix E)
PART 5: CONTRACTOR WEEKLY INSPECTION REPORT (RFP Appendix F)
PART 6: CONTRACTOR’S WEEKLY IRRIGATION INSPECTION REPORT (RFP Appendix G)
PART 7: AREA DIAGRAMS (RFP Appendix H)
PART 8: ADDENDA (RFP Addendum #1)
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PART 1
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 to, employee hourly rates and any related costs for any City approved work
performed by Contractor on weekends and/or holidays which may require
verification and inspection by a City employee.
3. The Contractor shall have staff available by phone contact (not an answering
service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to
call outs, questions, and verification of schedules. Contractor shall also provide a
24-hour emergency contact phone number (not an answering service) for non-
working hours, including weekends and holidays.
4. Non-working City holidays include: New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have
personnel in place and carrying out the responsibilities of this Contract on all other
City holidays if they fall on a weekday.
5. After notification of award and prior to the start of any work, Contractor shall submit
to City for approval a proposed maintenance schedule. The schedule shall include,
but not be limited to a list of all activities specified in this Agreement, with respective
days of the week and day of time said activities will be performed by location. Once
approved in writing by the City, any revisions to the approved schedule must be
authorized in writing by the City.
6. The use of leaf blowers or air broom is prohibited, except between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday.
B. SUPERVISION:
1. Contractor shall provide an on-site landscape maintenance supervisor, fully trained
in all aspects of landscape maintenance and repair, and an on -site irrigation
technician. Said supervisor(s) and technician(s) shall have a minimum of seven (7)
years of 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
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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. 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.
3. 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.
4. 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 and respond to an
emergency 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 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.
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3. All necessary fertilizers and soil amendments.
4. All necessary horticultural supplies and landscape tools.
5. All parts necessary for the repair and proper maintenance of all irrigation systems.
6. 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 Contracto r'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 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, drainpipes, 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
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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
to any California Vehicle Codes, CAL OSHA requirement or traffic control measure
as described in J, Traffic Control, Items 1 and 2.
K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City
encroachment permit.
L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of
this Contract that are listed on subcontractor(s) form submitted with the bid documents. All
submitted subcontractors shall be licensed and only provide the work listed and licensed
to perform. The City reserves the right to reject the services of any subcontractor for any
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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 re ported 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; manag ing 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
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 timeline 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
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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 (Part
2). 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 Inspection Report (Part 5). The Report shall identify all
maintenance items that have been completed, 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 (Part 6). The Report 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
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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
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 wo rk or afterhours work shall be
assessed as follows (subject to change per current salary distribution):
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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.
V. VANDALISM AND THEFT:
1. The City shall be notified immediately by the Contractor regarding 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
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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 sandbags, 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 a pproved 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.
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 e xtent 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.
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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 Contrac tor’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.
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.”
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Z. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a
personal inspection of the areas to be maintained and has evaluated the extent to which
the physical condition thereof will affect the services to be provided. By entering into this
Contract, the Contractor shall be deemed to have agreed to accept the condition of the
work area in its “as is” condition with the intent to perform maintenance services according
to Contract specifications.
AA. SAFETY:
1. Contractor shall at all times adhere to all applicable safety practices and cooperate
with the City in any adverse condition related thereto.
2. Contractor shall cooperate with the City during the investigation of an accident on
City property and submit a complete written report to the City within twenty-four (24)
hours following the occurrence.
3. Contractor shall inspect all areas maintained under the provisions of this Contract
on a daily basis for all potential hazards and maintain a daily safety inspection report
which indicates date inspected and action taken to correct conditions if necessary.
This report shall identify any condition(s) that renders any portion of the premises
unsafe, as well as any unsafe practices occurring thereon. The City shall be notified
immediately of any unsafe condition found by the Contractor.
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PART 2
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 with each
mowing and shall be performed by mechanical methods only. Great care shall be
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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 determined by City
representative and shall be equivalent to the size of the tree damaged. In no
instance shall the replacement tree be less than 24” box. The 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 Part
1, 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 Rep resentative for written
approval prior to application.
3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform
coverage with minimum overlap.
a. The turf shall be free of moisture at the time the fertilizer is applied.
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b. Application of the fertilizer shall be done in sections in accordance with the
area covered by the timing stations on the automatic irrigation controllers so
that the soil may be thoroughly soaked immediately after the fertilizer is
broadcast.
D. SHRUB AND GROUND COVER FERTILIZATION:
1. 30-days prior to scheduled fertilization, Contractor shall notify the City
Representative in writing of the application date, location, fertilizer, formula to be
applied and amount applied at each location.
Shrub and ground cover Application rates are as follows:
Two (2) times annually apply gypsum at ten (10) pounds per one thousand
(1,000) square feet and four (4) times annually apply 12-12-12 pelleted type
fertilizer at eight (8) pounds per one thousand (1,000 square feet).
2. Contractor shall submit a written fertilizer schedule to the City Representative within
30-day of receipt of an executed agreement.
E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS:
1. The Contractor shall be responsible for trimming and weeding weekly, weekly
removal of leaf litter and daily removal of trash and debris. Trimming shall be
performed in a manner that does not alter the appearance of the landscaping and
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, at contractor’s cost, no less than
two times per calendar year to maintain a depth of no less than 2”. Bark mulch shall
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consist of 100% recycled material and shall be 99% contaminant free, including litter
and weed and/or weed seed. Mulch shall have a uniform size range of 0” to 3”.
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, slopes and other
landscape areas with drought tolerant plant material and drip irrigation, or other low water
alternatives. Contractor shall be responsible to maintain affected 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 u pkeep 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.
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b. Pruning trees for removal of water sprouts and suckers as they develop.
c. Pruning for shape and form shall include lifting of low tree branches to
prevent hazards.
d. Pruning shall be done with clean sharp tools. Cuts shall be made parallel
with the collar but close enough to allow cambium growth around wound, per
ISA standards.
e. Median trees shall have no branches lower than eight (8) feet from top of
curb, or as directed by the City Representative to provide proper line-of-sight
for traffic movement.
f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat
and shapely appearance. Trimming shall not be excessive and shall be
limited to no more than 10% of the overall size of the plant material, unless
otherwise directed by the City Representative. Pruning methods shall
provide a natural shape.
g. Shrubs shall be maintained at a height no greater than 1½ feet from top of
curb at designated areas to allow for traffic safety, per standard plans.
h. Vegetation shall be trimmed back from all utility boxes, controller units, valve
boxes, quick couplers, and backflow devices. Vegetation shall not encroach
onto sidewalks, curb and gutters, decomposed granite paths, private
property, or roadways. Vegetation shall not grow up trees, structures, or
walls. Pruning for sight visibility clearance may be required at any time and
shall be expedited in order to address potential safety concerns.
i. All native and/or perennial plants shall be maintained to display natural
growth habits and structure. Dead and woody plant material shall be
removed by select pruning on an as-needed basis in order to preserve the
aesthetic value of the plant material. Aggressive pruning or ‘dead heading’
to increase plant density and promote plant health shall be performed no less
than twice annually or as determined by the City Representative.
j. Vines – All clinging vines shall be trimmed close to walls to maintain a neat
appearance. Vines shall be trimmed in order to maintain control and to
prevent them from creeping over walls. Vines shall be checked and secured
with appropriate ties as necessary. When necessary, appropriate stakes
and/or supports shall be utilized to promote directional growth. The height of
vines shall be maintained per City direction, typically within six (6) inches of
the top of the wall. Vines shall not be allowed to encroach onto trees.
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3. TREE TRIMMING:
a. Trimming and pruning shall be performed per the standards of the
International Society of Arboriculture (ISA). It is the Contractor’s sole
responsibility to obtain and practice these pruning standards on all tree work
performed. The Contractor agrees to accept all responsibility for the
replacement of trees damaged by Contractor’s pruning operations, if so
determined by the City that replacement is required.
b. Where necessary, as determined by the City Representative, Contractor
shall provide and post no parking signs 48 hours in advance of the work,
except when emergency work is necessary.
4. Tree / Shrub Replacement: Any tree or shrub badly damaged and in need of
possible replacement shall be brought to the attention of the City Representative.
The City Representative shall determine if the tree or shrub shall be removed and/or
replaced. No tree or shrub shall be removed without prior written approval from the
City Representative.
5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced
by a tree support to ensure 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 at contractor’s cost 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 and
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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 (Part 4) 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 ensure 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 (Part 4) prior to the application of any
herbicide(s). All herbicide 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:
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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.
b. The Contractor shall be responsible for implementing the rodent control
practices approved in writing by the City’s Representative. The contractor
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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 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. 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 p lanted, 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 r etained 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.
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.
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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 its 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.
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
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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.
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:
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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
specifications, unless otherwise approved in writing by the City
Representative.
19. Irrigation Trained Personnel: The Contractor shall provide an 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
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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 chan ges
to the irrigation technician position.
The irrigation technician shall be able to effectively communicate in English and
shall meet the requirements identified in Part 1, Sections A and B.
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 Contractor with prior written approval from City
Representative. 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.
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
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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 (Part 6): 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.
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 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
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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, drains and drain lines 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 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, retentio n basins and
detention basins as described herein.
6. Contractor shall provide equipment, materials, and labor to cut down seasonal growth
up to 100’ from structures adjacent to the retention basins on Ridgecrest Drive and
Timber Hollow Avenue twice (2x) annually, as directed by the City.
M. LITTER CONTROL:
1. Contractor shall remove daily all litter, paper, rocks, glass, trash, undesirable
materials, fallen tree branches and miscellaneous debris. This includes , but is not
limited to all hardscape surfaces, improved and unimproved trails, developed and
undeveloped areas, walkways, parking lots, roadways, median islands and adjacent
curbs and gutters, 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 su pplied
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.
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4. Branches, paper trash and miscellaneous debris shall be removed from along
walkways, slopes and basin, as well as submerged debris.
5. Litter picked up on site shall be performed daily and 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 or on 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.
2. Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as
needed and when less than 75% full. Mutt Mitt’s shall be provided at Contractor’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, steps, walkways, ramps, curbs
and gutters adjacent to median islands and sidewalks, median islands and median
island noses, improved and unimproved trails, expansion joints, and walls adjacent
to City landscape areas shall be kept clear of dirt, mud, trash, weeds, leaf litter, pine
needles, fallen branches, 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
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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.
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:
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.
2. After inclement weather, or when repair is needed, contractor shall inspect and
repair all trails, remove trail ruts and clean adjacent hardscape surfaces. All trail
ruts, holes or other deviations shall be repaired by filling in deviations level with
surrounding areas with new decomposed granite. Swales in trails shall be
maintained to provide positive drainage. All swales shall be removed of loose
decomposed granite or other material and reinstalled with decomposed granite and
compacted as needed. Decomposed granite shall be provided by the City and
installed by the contractor. Decomposed granite shall be fully wetted and
compacted with a vibrating roller or other equipment approved by the City. At City’s
request, contractor shall install G3 chemical stabilizer or other material to the
satisfaction of the City. Chemical stabilizer shall be provided by the City.
3. Prior to the winter season, or as determined by the City, contractor shall install
sandbags along the trail to minimize damage resulting from rain and inclement
weather. Sandbags shall be provided by the City and installed to the satisfaction of
the City. Sandbags shall be removed and discarded by the contractor after the
winter season, as directed by the City. Sandbags and fill material removed from site
shall be disposed per requirements outlined in Part 1.
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4. Drains and drain lines, collection boxes, swales and cobble shall be inspected
weekly, cleaned and cleared of all debris as needed.
5. 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.
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 workday, the trash
bin enclosure gates shall be closed and locked.
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PART 3
LANDSCAPE MAINTENANCE DISTRICT – ZONE 22
AREAS TO BE MAINTAINED (AREA DESCRIPTIONS)
DESCRIPTION SIZE MAP
1. Zone 22 Moorpark Highlands (Slopes):
East and west side of Spring Road from Charles Street to Walnut
Canyon Road. North sides of Ridgecrest Drive from Spring Road to
the V’ ditch approximately 400’ east of Spring Road. North side of
Ridgecrest Drive from Elk Run Way to Hightop Street.
1,379,279 s.f. Z22
2. Zone 22 Moorpark Highlands (Parkways & Streetscape):
East and west side of Spring Road from Charles Street to Walnut
Canyon Road. North and south sides of Ridgecrest Drive from Spring
Road to end of Ridgecrest Drive.
69,016 s.f. Z22
3. Zone 22 Moorpark Highlands (Medians Spring Road):
Spring Road from Charles Street northerly to Walnut Canyon Road. 73,845 s.f. Z22
4. Zone 22 Moorpark Highlands (Medians Ridgecrest Drive &
Elk Run Loop):
Ridgecrest Drive from Spring Road to Hightop Street.
Elk Run Loop from Spring Road to Ridgecrest Drive.
26,075 s.f. Z22
5. Zone 22 Moorpark Highlands (Trails):
Decomposed granite trail on the west side of Spring Road from
Charles Street to Walnut Canyon Road.; North/east side of Spring
Road from Walnut Canyon Road to Ridgecrest Drive; North side of
Ridgecrest Drive to easterly end of Ridgecrest Drive. Natural trail at
N/E corner of Spring Road and Ridgecrest Drive to interior of the
Pinnacles development. Decomposed Granite Trail adjacent to the
perimeter of the Pinnacles and Living Smart Development to
Mammoth Highlands Park.
242,798 s.f. Z22
6. Zone 22 Moorpark Highlands (Detention Basins & Debris
Basins):
Three (3) Debris Basins (14,716 s.f.): West side of Spring Road.
Four (4) Detention Basins (86,678 s.f.): S/E corner of Spring Road
and Walnut Canyon Road; Pinnacles on Elk Run Way; N/E corner
Ridgecrest Drive and Elk Run Way; south end of Timber Hollow Lane.
101,394 s.f. Z22
7. Zone 22 Moorpark Highlands (Living Smart Development):
Parkways and slopes south side of Ridgecrest Drive east of Elk Run
Loop to end of Ridgecrest. Slopes on Elk Run Loop from Ridgecrest
to Mammoth Highlands Park.
109,900 s.f.
Z22
PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE
ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION.
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PART 4
CITY OF MOORPARK
CONTRACTOR’S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS
Contractor: Date:______________
Site Name:___________________________________________________________________________
Location:____________________________________________________________________________
Proposed date (s) of application: ________________________________________________________
Number of acres/area to be treated: ____________________________________________________
Type of equipment to be used: ________________________________________________________
Target pest(s):________________________________________________________________________
Chemical Registration No.:____________________
Chemical Name:___________________ Dilution Rate:_______ per gallon Chemical Total:_________
Fumigant Name: _____________________________Tablet Size: ______oz. Total Tablets: _________
Fumigation Management Plan Completed and a copy to the City: Yes: _______ No:_______
Ingredient(s):_________________________________________________________________________
Antidote: _______________________________ Active:____________________ Inert:_____________
Environmental:
Re-entry after spraying: ________ (Hours / Minutes) Notes:___________________________________
Criteria / Reason / Notifications:_________________________________________________________
North
Identify Location of Adjacent Schools, Dwellings, Etc. West [Treatment Area] East
South
Applicator(s) Name(s): ________________________________________________________________
(Print Name)
License No: ________________________________________
Submitted By:_______________________________________________ Date:_______________
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PART 5
CITY OF MOORPARK
CONTRACTOR WEEKLY INSPECTION REPORT
Contractor: _______________________________________________Date:_________to__________
Location: _________________________________________________________________________
Inspector: _____________________________________________________________
Retain document for 3 years after inspection.
Area Inspected
WEEK
1 2 3 4
DEFICIENCY
Yes (Y) or
No (N)
Description/See
detailed report below
A. Landscape
1 Damages – Traffic Accident,
Vandalism, Theft, etc.
2 Mowing, edging, trimming has been
completed
3 Trees and shrubs have been
maintained, planters weeded
4 Shrubs, turf or tree replacement
needed
5 Turf areas are weed free (herbicide
applicator scheduled?) provide
6 Turf areas inspected for hazards such
as holes, mounds, rocks, glass and
other debris and removed daily (list
hazards removed)
B. Trees
1 12” tree wells have been maintained
2 No sucker growth or low limb
obstructions
3 Tree supports and stakes are secure
4 Tree contractor (WCA) services are
required
C. Irrigation
1 Sprinkler system operating correctly
2 Irrigation heads operating correctly
3 Damaged to irrigation components
4 Excessive wet areas, run-off, over-
spray Areas
5 Dry, brown or dead areas
6 Irrigation controller time and water
days correct
7 Controller & backflow working
correctly.
8 Controller adjusted for inclement
weather
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D. Hardscape
1 Damage or hazards in sidewalks,
curb, gutters, parking lots or picnic
areas
2 Swales and drains clean
3 Litter & debris removed daily
E. Fertilization
1 Grass: Forecasted Application Date
for: Jan/Apr/Aug/ October
2 Shrub: Forecasted Application Date
for: Apr/Sep
F. Pesticide
1 Notification submitted to City: Weed
Control Application
2 Notification submitted to City: Rodent /
Disease / Insect Applications
G. Lighting
1 Lights Bulbs Burned OUT / Staying
ON / Vandalized etc.
H. Graffiti
1 Restrooms: Identify location & log time
2 All other areas: Identify location & log
time
I. Trash and Recycling
Receptacles
1 Emptied 50% full or weekly
2 Cleaned
J Trails
1 Trail ruts filled in, hazards removed
and trash and debris removed
2 Weeds removed from trail
3 Irrigation Checked
4 Trees, shrubs ground cover
K TRAFFIC CONTROL
1 Required traffic control devices in-
place
2 Encroachment permit at site and
posted in vehicle
Letter and
Number
Description of Deficiency Recorded Date
Identified
Date
Corrected
333
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PART 6
CITY OF MOORPARK
CONTRACTOR’S WEEKLY IRRIGATION INSPECTION REPORT
Contractor:_________________________ Date: ______________
Park Name:_________________________ Controller: _____________________
Inspector:__________________________
Irrigation Schedule:
Scheduled water days (circle): M T W TH F Sat Sun
Start Times: Program A 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program B 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program C 1st _____ 2nd _____ 3rd _____ 4th ______
Start Times: Program D 1st _____ 2nd _____ 3rd _____ 4th ______
IRRIGATION INSPECTION
Station Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
IRRIGATION INSPECTION
Station Number 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
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Water Budget %: ______
Station Run Times: 1__, 2 __, 3 __,4__, 5 __, 6 __,7__, 8 __, 9 __,10__, 11 __,
12 __,13__, 14 __, 15 __,16__, 17 __, 18 __,19__, 20 __, 21 __,22__, 23 __,
24 __,25__, 26 __, 27 __,28__, 29 __, 30 __,31__, 32 __, 33 __,34__, 35 __, 36__,
37 __,38__, 39 __, 40 __,
Notes:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________
Inspector (signature):_____________________________
Inspector (printed name):__________________________
Affix additional sheets as required.
Station
Number Description of Deficiency Recorded Date
Identified
Date
Corrected
336
PART 7
LANDSCAPE MAINTENANCE DISTRICT
ZONE 22
AREA DIAGRAMS
337
338
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PART 8
ADDENDA
340
CITY OF MOORPARK
JANICE S. PARVIN
Mayor
DR. ANTONIO CASTRO
Councilmember
CHRIS ENEGREN
Councilmember
DANIEL GROFF
Councilmember
DAVID POLLOCK
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 18, 2021
ADDENDUM NO. 1
for
Landscape Maintenance Services - LMD Zone 22
Identification No. PR-2021-2
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.Appendix C Scope of Work Section L Swales, Drains and Basins (Debris, Retention,
Detention and Catch Basins) (Page 76 of the RFP) is hereby revised to add the following:
•6. Contractor shall provide equipment, materials, and labor to cut down seasonal
growth up to 100’ from structures adjacent to the retention basins on Ridgecrest Drive
and Timber Hollow Avenue twice (2x) annually, as directed by the City.
See Exhibit A attached for the areas referenced.
QUESTIONS/CLARIFICATIONS:
1.Q: What is the name of the current contractor?
A: Oakridge Landscape Inc.
2.Q: Are there any changes in the current scope of work and the last time it was
out for bid?
A: There have been several changes from the previous scope of work to the current
scope of work. Refer to RFP for current scope of work.
3.Q: Did the incumbent complete the term of the past contract?
A: Yes.
4.Q: What is the monthly invoice for the contract?
A: $17,277.00
5.Q: Who pays for irrigation parts?
A: See Appendix B Section D of the RFP.
6.Q: What is the tree maintenance requirements?
A: See Appendix C Section G of the RFP.
7.Q: Is Roundup ok to use in your city?
A: See Appendix C Section H.3 of the RFP.
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Addendum No. 1
Landscape Maintenance Services - LMD Zone 22
Page 2
8. Q: Is storage provided on city property for contractor’s equipment?
A: See Appendix B Section U of the RFP.
9. Q: Is there a mandated man/worker/crew count for this RFP?
A: See Appendix B Section B of the RFP.
10. Q: Do you have an engineers estimate?
A: Engineer’s estimate is the current contract amount.
11. Q: What is maintenance level of D.G. Trail consist of?
A: See Appendix C Section Q of the RFP.
12. Q: Does contractor pay for D.G. replacement? Will contractor be reimbursed
at a % markup?
A: City will provide DG.
13. Q: Do we provide all insurance forms as identified in this Request for
Proposal at the time we submit the proposal or upon award of contract? Pg. 3
A: Upon award of contract.
14. Q: Will addenda be mailed out, or must we check ourselves?
A: Addendum is posted on the City bid page.
15. Q: It was mentioned during the RFP walk that all signatures must be notarized,
where is this noted in the RFP?
A: Signatures must be notarized only on those Proposal forms specifically requiring
notarization. This includes the Bidder’s Information form (p. 15-16), Noncollusion
Declaration form (p. 22), and Bid Bond (p. 25-26).
16. Q: RFP notes that an on-site supervisor and irrigation technician is required,
does mean that they are expected to be dedicated full time to LMD 22?
A: No.
17. Q: If awarded the contract will the winner be able to investigate all irrigations
to ensure they are functioning properly and allowed to issue proposals to
repair any deficiencies before taking ownership of the system?
A: Yes.
18. Q: Does the City have an estimated cost associated with maintaining the
irrigation system per the RFP specifications?
A: No.
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19. Q: RFP includes mulching of the shrub and ground cover areas. Is there an
estimated amount for how much mulch would be used annually? Also if there
is no mulch currently in a planter should we assume that mulch is not needed?
A: No material estimates. Areas with no evidence of previous mulching can be
assumed to not require mulching.
20. Q: Does tree trimming include full pruning of trees or only lifting up to 15’?
A: Clearance pruning only.
21. Q: RPF calls for weekly inspections, are these conducted with the City
representative and if so what is the approximate duration of the inspections?
A: Yes, roughly one (1) hour.
22. Q: You mentioned that there would be the need for planting Acacia plants,
how many Acacia plants do you anticipate needing to plant during the term of
the RFP?
A: Acacia is being planted to replace declining myopporum. Materials are supplied
by the City, with labor supplied by the Contractor. We do not have a plant estimate,
and replanting is done twenty (20) #5 plants at a time on a biweekly basis.
23. Q: It is indicated on the map that there is an area behind the fence of the
Pinnacle HOA that we did not see on the job walk. Please confirm if that area is
part of the RFP?
A: Yes, there is a small area adjacent to the retention basin along the multi-use trail.
This area can be accessed for review by walking up the multi-use trail from
Ridgecrest Drive.
24. Q: How long have the current contractor had the contract?
A: Contract term began on 9/1/2018.
25. Q: What is the current monthly amount?
A: $17,277.00
26. Q: Can you provide us with the current contract document?
A: https://docs.moorparkca.gov/WebLink/0/doc/99648/Page1.aspx
27. Q: Why is the contract out to bid?
A: End of term.
28. Q: Is the city of Moorpark satisfied with the current landscape condition?
A: The current contractor is currently working on correcting deficiencies.
29. Q: How many stations/ RCV are in the contracted areas?
A: There are 420 available irrigation stations within the LMD, not all of which are
active. 343
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30. Q: How many total Controllers in the area?
A: 17.
31. Q: Page 64 mention 2x/ year gypsum application on shrubs and Groundcover.
Was gypsum applied last year?
A: Yes.
32. Q: Who will supply mulch?
A: See Appendix C Section E.5 of the RFP.
33. Q: How many trees are there that the contractor need to maintain?
A: Tree maintenance is clearance only.
34. Q: Is the tree scope of work limited to clearance only?
A: Yes.
35. Q: How many trash receptacles are under this contract?
A: It is up to the bidder to personally examine the work site in order to ascertain the
existence of conditions which may impact the bid proposal, as outlined in the
Instructions to Bidders section of the RFP.
36. Q: How many Mutt Mitt dispenser does the contractor has to maintain?
A: It is up to the bidder to personally examine the work site in order to ascertain the
existence of conditions which may impact the bid proposal, as outlined in the
Instructions to Bidders section of the RFP.
37. Q: Does the city have specific task / concerned that the city would like to see
improvement?
A: No.
38. Q: How much was spent on extras this last year?
A: $25,694.00
39. Q: Does the city use reclaim water for irrigation?
A: No.
40. Q: Do we have to provide DG for repairs? Who will pay?
A: DG is provided by the City.
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 344
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Questions regarding this addendum may be directed to the City’s Project Representative Leland
Baxter, lbaxter@moorparkca.gov no later than 4:00 p.m. May 17, 2021.
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO LELAND BAXTER AT
LBAXTER@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name:
Authorized Representative:
Signature of Authorized Representative:
345
LMD 22 Timber Hollow Retention Basin Exhibit: A
346
LMD 22 Ridgecrest Detention Basin
347