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HomeMy WebLinkAboutAGENDA REPORT 2022 0601 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 1, 2022 ACTION APPROVED STAFF RECOMMENDATION AND ADOPTED RESOLUTION NO. 2022-4101. (ROLL CALL VOTE: UNANIMOUS BY A. Hurtado. F. Consider Award of Agreement to Parkwood Landscape Maintenance, Inc. for Landscape Maintenance Services in Landscape Maintenance District (LMD) Citywide Zones, Zones of Benefit 1-11, and 14, and Miscellaneous City Properties. Staff Recommendation: 1) 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; and 2) Adopt Resolution No. 2022-4101 amending the Fiscal Year 2022/23 Budget to fund landscape maintenance services for LMD Citywide Zones, Zones of Benefit, LMDs 1-11 and 14, and miscellaneous City properties. (Staff: Jeremy Laurentowski, Parks and Recreation Director) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Leland Baxter, Parks and Facilities Supervisor DATE: 06/01/2022 Regular Meeting SUBJECT: Consider Award of Agreement to Parkwood Landscape Maintenance, Inc. for Landscape Maintenance Services in Landscape Maintenance District (LMD) Citywide Zones, Zones of Benefit 1-11, and 14, and Miscellaneous City Properties SUMMARY It is requested that the City Council consider award of an Agreement with Parkwood Landscape Maintenance, Inc. (Parkwood) in the amount of $415,488 annually for landscape maintenance services in Citywide, Zones of Benefit, and Miscellaneous City Properties. BACKGROUND In 1984, Landscaping and Lighting Maintenance Assessment District No. AD 84-2, encompassing the entire City (AD 84-2), was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit (Zones) were added to fund improvements and the maintenance of certain specific areas. Later, these Zones were changed to Districts 1 through 12. Since 1984, the City has formed additional Assessment Districts to fund the maintenance of associated landscape improvements. These include the following active Districts: District 14 (Silver Oak Lane Tract 5201); District 15 A / B (Country Club Estates Tract 4928 / Masters at Moorpark Country Club Tract 5463); District 16 (Mountain View Tract 5166); District 18 (Moonsong Court Tract 5307); District 20 (Meridian Hills Tract 5187), District 21 A / B (Canterbury Lane Tract 5133 / Ivy Lane Tract 5425), and District 22 (Moorpark Highlands Tract 5045). Item: 10.F. 246 Honorable City Council 06/01/2022 Regular Meeting Page 2 AD 84-2, which includes the Citywide Zone and Districts 1 through 12, was adopted prior to the passage of Proposition 218, which does not provide a provision for increasing the annual assessment without a vote of the affected property owners. For the remaining districts that were adopted after the passage of Proposition 218, the language in the formation documents allows the maximum assessment to be increased annually to cover cost-of-living adjustment (COLA) increases. The Citywide Zone and Districts 1 through 11, and 14 generally require a subsidy from the General Fund each year for landscape maintenance operations, while Districts 12, 15, 16, 18, 20, 21 and 22 are fully funded and do not require a General Fund subsidy. This is reflected in the Landscape and Lighting Maintenance Assessment Districts (LLMAD) Engineer’s Report for Fiscal Year (FY) 2022/23, presented to Council on May 4, 2022, which shows an estimated operating deficit in the Citywide Zone and Districts 1 through 11, and 14 (hereafter the “underfunded LMDs”) of $334,269. In August of 2018 the City Council approved an agreement with Venco Western, Inc. for landscape maintenance services in LMD Citywide Zones, Zones of Benefit 1-11, 14, 16, 18, 21, and miscellaneous City properties with an initial term ending June 30, 2019 and containing a provision for two (2) one-year extensions, expiring on June 30, 2021. During the adoption of the FY 2020/21 Operating Budget, the City projected significant revenue shortfalls due to the COVID-19 health emergency. In response, 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. 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. The scope of services modifications were approved by City Council in September 2020. In October 2020, an Amendment to the Agreement with Venco Western was executed at a savings of approximately $50,000 annually. The Agreement was subsequently Amended to extend the term of the Agreement through June 30, 2022. Notable scope of services modifications included changes to the mowing frequency in passive parks from weekly to every other week, and changes to the weeding frequency from weekly to monthly, including the use of chemical herbicides. Additionally, shrub pruning was changed from as necessary to monthly, fertilization was removed from the contract in order to keep turf areas from growing too quickly between mowings, debris and litter removal was changed from daily to weekly, and irrigation materials were removed from the contractor’s responsibilities and purchased directly by in-house staff to save on overhead charges. DISCUSSION With the current landscape maintenance contract for LMD Citywide Zones, Zones of Benefit 1-11, and 14, and miscellaneous City properties scheduled to expire at the end of June, staff prepared and released a Request for Proposals (RFP) for landscape maintenance services 247 Honorable City Council 06/01/2022 Regular Meeting Page 3 on April 13, 2022. The bid specifications outlined in the RFP restore landscape maintenance service levels back to the level of service established prior to the COVID-19 pandemic. A mandatory pre-bid meeting and site visit with interested bidders was conducted on May 5th. The City received four proposals by the due date of May 16, 2022. 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 $345,324 Oakridge Landscape $410,088 BrightView Landscape Services $481,020 Venco Western $499,092 The lowest bid was submitted by Parkwood Landscape Maintenance (Parkwood). Parkwood currently provides landscape maintenance services for the City in LMD Zone 22. Staff believes that they have the necessary qualifications and experience to perform the required services. After the identification of Parkwood as the low bidder, staff requested a quote from Parkwood for additional services related to landscape maintenance in Citywide Zone of Benefit 15, Peter’s Trail (CW15), which was not included in the bid specifications. Parkwood’s annual cost to provide services in this area would be $16,164. Adding this service area to the contract would bring the total annual cost for services to $361,488. Staff recommends including this additional service area in the contract and awarding an Agreement to Parkwood for landscape maintenance services for LMD Citywide Zones, Zones of Benefit 1-11, and 14, and miscellaneous City properties in the amount of $415,488 per year, which includes an annual contingency of $54,000. The recommended contract includes three (3) optional one-year extensions, which would bring the total contract value over four years to $1,661,952. FISCAL IMPACT The proposed budget for FY 2022/23 allocates a total of $291,568 for landscape maintenance services in the LMD Citywide Zones, Zones of Benefit, LMDs 1-11 and 14, and miscellaneous City properties. An aggregate budget amendment in the amount of $70,294, to be implemented following adoption of the FY 2022/23 budget and the start of the fiscal year, is requested to fully fund landscape maintenance services in these underfunded Zones for FY 2022/23, as detailed in Attachment 2. The resulting projected increase in the General Fund subsidy for the underfunded LMDs would be about $34,968 in FY 2023/24 for the various districts. Additional budget amendments from various accounts are requested in the following amounts: $17,127 – General Fund (1000), $877 – Library Operating Fund (1010), $1,181 – City-Wide Traffic Mitigation (2002), $16,141 – Local TDA Article 8C (2414). 248 Honorable City Council 06/01/2022 Regular Meeting Page 4 Allocation of the requested funds would leave an estimated fund balance of $1,517,390 in Fund 1010, an estimated fund balance of $20,580,443 in Fund 2002, and an estimated fund deficit of $59,398 in Fund 2414. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. 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; and 2. Adopt Resolution No. 2022-____ amending the Fiscal Year 2022/23 Budget to fund landscape maintenance services for LMD Citywide Zones, Zones of Benefit, LMDs 1-11 and 14, and miscellaneous City properties. Attachment 1: Agreement Attachment 2: Draft Resolution No. 2022-____ 249 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PARKWOOD LANDSCAPE MAINTENANCE, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT CITYWIDE ZONES, LANDSCAPE MAINTENANCE DISTRICT ZONES OF BENEFIT 1-11, AND 14, AND MISCELLANEOUS CITY PROPERTIES THIS AGREEMENT, is made and effective as of ____________________________, 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 Districts (LMD) Citywide Zones, Zones of Benefit 1-11, and 14, and Miscellaneous City Properties; 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 15, 2022, 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, 2022 and will expire on June 30, 2023, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide landscape maintenance services for Landscape Maintenance Districts (LMD) Citywide Zones, Zones of Benefit 1-11, and 14, and Miscellaneous City Properties, as set forth in Exhibit D. 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. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibits 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 four hundred fifteen thousand four hundred eighty-eight dollars ($415,488) annually, which includes an annual contingency of fifty-four thousand dollars ($54,000) as stated in Exhibit C, without a written amendment to the agreement executed by both ATTACHMENT 1 250 Parkwood Landscape Maintenance, Inc. Page 2 of 18 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 four hundred fifteen thousand four hundred eighty-eight dollars ($415,488) annually, which includes an annual contingency of fifty-four thousand dollars ($54,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 251 Parkwood Landscape Maintenance, Inc. Page 3 of 18 Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor’s fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) days after service upon it of said notice in which to cure the 252 Parkwood Landscape Maintenance, Inc. Page 4 of 18 default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable 253 Parkwood Landscape Maintenance, Inc. Page 5 of 18 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. 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 254 Parkwood Landscape Maintenance, Inc. Page 6 of 18 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of 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 255 Parkwood Landscape Maintenance, Inc. Page 7 of 18 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 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 256 Parkwood Landscape Maintenance, Inc. Page 8 of 18 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. 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 257 Parkwood Landscape Maintenance, Inc. Page 9 of 18 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 258 Parkwood Landscape Maintenance, Inc. Page 10 of 18 CITY OF MOORPARK PARKWOOD LANDSCAPE MAINTENANCE, INC. By:_______________________________ By:_______________________________ Troy Brown, City Manager David L. Melito, President Attest: __________________________________ Ky Spangler, City Clerk 259 Parkwood Landscape Maintenance, Inc. Page 11 of 18 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. 260 Parkwood Landscape Maintenance, Inc. Page 12 of 18 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid 261 Parkwood Landscape Maintenance, Inc. Page 13 of 18 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 requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 262 Parkwood Landscape Maintenance, Inc. Page 14 of 18 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 assumes no obligation or liability by such notice, but has the right (but not the duty) 263 Parkwood Landscape Maintenance, Inc. Page 15 of 18 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. 264 Parkwood Landscape Maintenance, Inc. Page 16 of 18 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (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. 265 Parkwood Landscape Maintenance, Inc. Page 17 of 18 (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. 266 Parkwood Landscape Maintenance, Inc. Page 18 of 18 (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.) 267 CITYWIDE ZONES DESCRIPTION SIZE Monthly Bid Amount Annual Bid Amount 1. Poindexter Avenue (CW1): Parkway(s): South side of Poindexter Ave, east and west of Sierra Ave. Sidewalk, vines and planters. 4,356 s.f. $ $ 2. Tierra Rejada Road Parkways (CW2): Parkway(s): East and west side of Tierra Rejada Rd from Los Angeles Ave southerly to Harvester St. Tree wells, sidewalk, vines and planters. 13,068 s.f. $ $ 3. Tierra Rejada Road Median Islands (CW2a, 2b, 2c, 2d): Median Islands: Tierra Rejada Rd between Los Angeles Ave and the flood control channel bridge. Median Islands: Tierra Rejada Rd between the flood control channel bridge and the Southern California Edison (SCE) easement. Median Islands: Tierra Rejada Rd between the SCE easement and Spring Rd. Median Islands: Tierra Rejada Rd between Spring Rd and the City limits, east of the Hwy 23 overpass. 56,628 s.f. $ $ 4. Mountain Trail Street Median Islands (CW3a): Median Island(s): Mountain Trail St between Tierra Rejada Rd and Mountain Meadows Dr. 13,068 s.f. $ $ 5. Fountain (CWF): Mountain Meadows Plaza at the corner of Tierra Rejada Rd and Mountain Trail St. Planters. 2,500 s.f. $ $ 6. Spring Road Median, Planters, Parkways South of LA Avenue (CW4a, 4b): Medians: Spring Rd between Los Angeles Ave and Peach Hill Rd. Spring Rd between Peach Hill Rd and Tierra Rejada Rd Planters: East side of Spring Rd from Los Angeles Ave to Peach Hill Rd from Arroyo bridge to approximately 650’ south of Peach Hill Rd. Planter at corner of Spring Rd and Peach Hill Rd (Marlbrough). West side of Spring Rd from Peach Hill Rd to planter on the south side of Christian Barrett Rd. Trees, shrubs, wall vines and mulch. 159,603 s.f. $ $ 7. High Street (CW5): Moorpark Ave to Spring Rd: Planters, Parkways, improved and unimproved Public Parking lots, Hardscapes 43,560 s.f. $ $ 60.00 720.00 174.68 2096.16 702.68 8,432.16 174.68 2,096.16 33.34 400.08 1,418.51 17,022.12 587.36 7,048.32 Exhibit C BID SCHEDULE 268 8. Los Angeles Avenue at Millard Street (CW6): Parkway(s): North side of Los Angeles Ave between Millard St and Spring Rd. Sidewalk, vines and planters. 9,000 s.f. $ $ 9. Princeton Avenue Parkways (CW7): Parkway(s): East side of Princeton Ave from the 118 Freeway northerly to Campus Park Dr. Sidewalk and planters. Parkway(s): West side of Princeton Ave from the 118 Freeway northerly to Amherst St. Sidewalk and planters. 6,500 s.f. $ $ 10. Princeton Avenue Medians (CW7a, 7b): Median(s): Princeton Ave between the southerly end of Condor Dr and the 118 Freeway overpass. Median(s): Princeton Ave between the 118 Freeway overpass and Campus Park Dr. 6,500 s.f. $ $ 11. Campus Park Drive Parkways (CW8): Parkway(s): Southwest side of Campus Park Dr from Cambridge St easterly to the commercial center. Sidewalk and planters. Parkway(s): South side of Campus Park Dr from Princeton Ave easterly to Penn St. 9,000 s.f. $ $ 12. Campus Park Drive Medians (CW8a, 8b): Median(s): Campus Park Dr between Princeton Ave and Penn St. Median(s): Campus Park Dr between Penn St to Collins Dr. 22,000 s.f. $ $ 13. Campus Park Drive at Collins Drive (CW9): Parkway(s): North side of Campus Park Dr from Collins Dr westerly to the Flood Control Channel. Sidewalk and planters. Parkway(s): West side of Collins from Benwood Dr southerly to Campus Park Dr. Sidewalk and planters. 13,068 s.f. $ $ 14. Los Angeles Avenue at Tierra Rejada Road (CW 10): Parkways Southside of Los Angeles Ave from Mira Sol Dr easterly approximately 600’ east of Maureen Lane. Trees, tree wells, sidewalk, planters and vines. 13,068 s.f. $ $ 122.01 1,464.12 1,088.04 90.67 90.67 1,088.04 122.01 1,464.12 302.02 3,624.24 176.01 2,112.12 176.01 2,112.12 269 15. Spring Road Parkways – North of Los Angeles Avenue (CW11): Parkway (s): West side of Spring Rd, from the Railroad tracks southerly to Los Angeles Ave. Tree wells, sidewalk, vines and planters. Parkway (s): East side of Spring Rd between the Railroad tracks and Flinn Ave. Tree wells, sidewalk. 26,250 s.f. $ $ 16. Spring Road Medians – North of Los Angeles Avenue (CW11a): Median(s): Spring Rd south between railroad tracks and Flinn Ave. 4,356 s.f. $ $ 17. Peach Hill Road Parkway – West of Rolling Knoll Drive (CW12). Parkway with trees and wood mulch 600 s.f. $ $ 18. Peach Hill Road Parkway – West of Bella Vista Drive (CW13). Parkway with trees and wood mulch 600 s.f. $ $ 19. Second Street Parkway – West of Spring Road to Harry Street (CW14). Parkway with trees and wood mulch 365 s. f. $ $ 20. Peter’s Trail (CW15) Decomposed granite trail: From northern most roadway southerly to approximately 170’ beyond end of v-ditch. Includes wall planter. Slope: From decomposed granite trail west to adjacent roadway. Gravel Planter (s): West side of Walnut Canyon. From intersection northerly approximately 440’, and southerly approximately 150’. 60,031 s.f. $ $ Sub-Total Citywide Zones: $ $ 357.35 4,288.20 56.67 680.04 32.00 384.00 32.00 384.00 4.85 58.20 1,347.00 16,164.00 6,060.52 72,726.24 270 ZONES OF BENEFIT DESCRIPTION SIZE Monthly Bid Amount Annual Bid Amount 1. Zone 1 Pecan Avenue: Parkway(s): East side of Pecan Ave between Campus Park Dr and Bambi Ct. Sidewalk and planters. Parkway(s): North side of Bambi Ct between Pecan Ave and Benwood Dr. Sidewalk and planters. Parkway(s): East side of Benwood Dr between Bambi Ct and north Benwood Dr. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. 60,984 s.f. $ $ 2.Zone 2 Steeple Hill: Parkway(s) & slope(s): West side of Spring Rd, south of Monte Vista Park to approximately 75’ south of Christian Barrett Rd, including entry planters. Sidewalk, turf, vines and planters. Parkway(s) & slope(s): South side of Christian Barrett Rd between Spring Rd and Willow Creek Lane. Sidewalk, vines and planters. Parkway(s) & slope(s): North side of Tierra Rejada Rd, from the southwest property line of the commercial center westerly to Peach Hill Rd. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): South side of Tierra Rejada Rd from approximately 75’ east of Keisha Dr westerly to Peach Hill Rd. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): East side of Peach Hill Rd from Tierra Rejada Rd southerly to Christian Barrett Rd. Sidewalk and planters. 143,748 s.f. $ $ 3. Zone 3 Buttercreek: Parkway(s): South side of Peppermill St. Sidewalk and planters. Parkway(s): South side of Los Angeles Ave from the east property line west of Buttercreek Rd easterly to Mira Sol Dr. Tree wells, sidewalk, vines and planters. 4,356 s.f. $ $ 851.38 10,216.56 2,007.43 24,089.16 62.00 744.00 271 4. Zone 4 Williams Ranch Road: Parkway (s): North side of Williams Ranch Rd between Granadilla Dr and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Rd from the SCE Easement westerly to the west end of Williams Ranch Rd. Turf, planters and sidewalk. Parkway(s): SCE barrier landscape area. Planters 21,780 s.f. $ $ 5. Zone 5 Pheasant Run: Parkway(s) & slope (s): West side of Peach Hill Rd between Williams Ranch Rd and Tierra Rejada Rd. Sidewalk, turf and planters. Parkway(s) & slope(s): North and South side of Tierra Rejada Rd between Peach Hill Rd and the SCE easement, including the entry statements at Pheasant Run St. Sidewalk and planters. 191,664 s.f. $ $ 6. Zone 6 Inglewood Street: Parkway(s): West end of Inglewood St 1,500 s.f. $ $ 7. Zone 7 Los Angeles Avenue & Gabbert Road: Parkway(s): North side of Los Angeles Ave from Gabbert Rd easterly to the property line east of Shasta Ave. Turf, sidewalk and planters. 35,000 s.f. $ $ 8. Zone 8 Home Acres Buffer: The fenced landscaped area at the west end of Shadyridge Dr. Turf, sidewalk and planters. 60,984 s.f. $ $ 9. Zone 9 Condor Drive: Parkway and planter at the southwest corner of Condor Dr and Princeton Ave. 17,424 s.f. $ $ 304.02 3,648.24 2,544.79 30,537.48 20.67 248.04 489.00 5,868.00 584.70 7,016.40 244.68 2,936.16 272 10. Zone 10 Mountain Meadows PC3: The landscape area adjacent to both sides of the Peach Hill Wash channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Rd on the north side of the channel, including the slope and landscape areas behind the adjacent shopping center at Tierra Rejada Rd and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, Zone 10 (cont.): west of Mountain Trail St, behind the houses fronting Shadyridge Dr, including the north slope area adjacent to Mountain Trail St. Planters and natural areas. Parkway(s) and slope(s): North and south side of Tierra Rejada Rd between the flood control channel bridge and Countrywood Dr, including the entry statements at Countrywood Dr. Sidewalk, turf and planters. Parkway(s) and slope(s): Southwest side of Tierra Rejada Rd between Countrywood Dr and the Vons Shopping Center. Sidewalk and planters Parkway(s) and slope(s): North side of Tierra Rejada Rd between Mountain Trail St and the SCE easement. Parkway(s) and slope(s): South side of Tierra Rejada Rd between Mountain Meadow Dr and the SCE easement. 740,520 s.f. $ $ 11. Zone 11 Alyssas Court: Landscaped parkway at the northeast and southeast corners of Pecan Ave and Alyssas Ct. Turf and sidewalk. 1,800 s.f. $ $ 12. Zone 14 Silver Oak: Parkway(s): North side of Peach Hill Rd from Rolling Knoll Dr easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Dr from Peach Hill Rd northerly to property line. Sidewalk and planters. 13,068 s.f. $ $ SUB-TOTAL ZONES OF BENEFIT: $ $ MISCELLANEOUS PROPERTIES DESCRIPTION SIZE Monthly Bid Amount Annual Bid Amount 4,386.27 52,635.24 26.00 312.00 217.70 2,612.40 11,738.64 140,863.68 273 1. 310 High Street — Metrolink Station: Paved north parking lot and south parking lot, Metrolink Station and walkways, pedestrian access park south of the railroad tracks between Moorpark Ave and the Metrolink parking lot, all landscape planters, access drive and the High St and Moorpark Ave landscape frontage. 278,784 s.f. $ $ 2. 661 Moorpark Avenue: City-owned vacant property. Landscape areas and parkway east of the property fence and between the north and south property line. 11,185 s.f. $ $ 3. 18 High Street: SA owned office property. Landscape frontage on High St and Moorpark Ave, south property line fence, parking lot and planters. 15,700 s.f. $ $ 4. 33 High Street: SA owned office property. Landscape frontage on High St, parking lot and planters. 1,500 s.f. $ $ 5. 627 Fitch Avenue: Landscape areas and parking lot 55,000 s.f. $ $ 6. 699 Moorpark Avenue - Library: Landscape areas and parking lot. 37,000 s.f. $ $ 7. 799 Moorpark Avenue — Civic Center: All landscaped areas at the Civic Center Complex (City Hall, Office (s), Annex (s), Community Center, Parking Lots) Does not include the Community Center Park. 113,256 s.f. $ $ 8. Public Parking Lot: Paved parking lot and landscape areas on the south/west corner of High St and Moorpark Ave. 43,560 s.f. $ $ 9. 612 Spring Road – Ruben Castro Human Services Center Landscape areas and parking lot 108,900 s.f. $ $ 10. 31 Poindexter Avenue (City Facility Parking lot, Trees and Shrubs 10,000 s.f. $ $ 11. 323 Science Drive – City Hall: All landscaped areas on the City Hall property at 323 Science Dr. 53,567 s.f. 12. Bus Shelters: Empty trash receptacles at 21 bus stops once a week. 21 total $ $ SUB-TOTAL MISCELLANEOUS PROPERTIES: $ $ 3,834.86 46,018.32 157.34 1,888.08 220.01 2,640.12 20.67 248.04 768.71 9,224.52 518.03 6,216.36 1,582.08 18,984.96 608.03 7,296.36 1,520.74 18,248.88 140.01 1,680.12 $714.26 $8,571.12 2,240.10 26,881.20 12,324.84 147,898.08 274 BID SUMMARY Total Monthly Bid Total Annual Bid GRAND TOTAL ALL AREAS: $ $ • Property sizes and locations listed are approximate and for reference only. Contractor shall field verify actual size and location. • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor’s monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. 30,124.00 361,488.00 275 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) 276 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 employee's hourly rate of One Hundred Five dollars ($105.00) per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee. 3.The Contractor shall have staff available by phone contact (not an answering service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number (not an answering service) for non- working hours, including weekends and holidays. 4.Non-working City holidays include: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 5.After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this Agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 6.The use of leaf blowers or air broom is prohibited, except between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. B. SUPERVISION: 1.Contractor shall provide a minimum of one (1) half-time on-site landscape maintenance supervisor, fully trained in all aspects of landscape maintenance and repair, and a minimum of one (1) full time on-site irrigation technician. Said supervisor (s) and technician (s) shall have a minimum of four (4) years of 277 2 experience at the supervisory and technician level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the supervisor’s and technician’s qualifications for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the landscape maintenance supervisor position and irrigation technician positions. 2.The landscape maintenance supervisor shall remain on site for a minimum of twenty (20) hours per week, except as required to obtain equipment and supplies necessary for regular maintenance activities, and to attend company meeting and events necessary during the normal course of business. 3.Contractor shall have an on-site supervisor(s) and irrigation technician (s) capable of communicating effectively both in written and oral English, at all times during the term of the Contract. Any communication from the City to the Contractor’s on-site supervisor(s) or irrigation technician(s) shall be deemed as delivered to the Contractor. 4. Contractor shall endeavor to maintain excellent public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and disturbance to the public. Work shall be performed by competent employees and supervised by a person(s) experienced in supervising landscape maintenance operations. 5.Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor’s. C.COMMUNICATION/EMERGENCY RESPONSE: 1.Contractor shall have the ability to contact their field crews within fifteen (15) minutes of notification by City Representative during normal working hours. 2.Contractor shall provide capabilities for twenty-four (24) hours per day, seven (7) days a week service. Contractor shall provide a 24-hour emergency contact person, who is familiar with the City’s maintenance operation, with phone number (not an answering service) for non-working hours, including weekends and holidays. 3.During an after-hours emergency situation, the Contractor shall provide on-the-job response time of no more than one (1) hour maximum upon notification by City. D.MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at contractor’s sole expense, shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance, as determined by City. Quality and specifications of materials to be provided by Contractor must be approved by 278 3 the City Representative. These supplies and materials shall include, but not be limited to: 1.All necessary fuel, oil, equipment, machinery, and parts. 2.All necessary pesticides including herbicides, insecticides, fungicides and rodenticides and all necessary licenses. 3.All necessary fertilizers and soil amendments. 4.All custodial and trash container supplies, including trash can liners, , disinfectants and cleaning solutions, etc., as approved by the City. 5.All necessary horticultural supplies and landscape tools. 6.All parts necessary for the repair and proper maintenance of all irrigation systems. 7.All materials are to be new and identical to existing materials model and make, unless directed otherwise by the City Representative. E.CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully responsible for any and all damage to City property resulting from the Contractor's operations. This shall include, but not be limited to, the repair, removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf grass, irrigation system, ground cover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage to buildings, infrastructure, hardscape, and other improvements due to Contractor's negligence. The City Representative shall determine negligence. The City shall be responsible for replacing any plant material that has been damaged or destroyed as a result of acts of vandalism and or theft. F.UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified minimum 48 hours in advance prior to commencing work that involves digging underground. This notification is required for each location said work is performed. Written Verification of such notification shall be provided to the City Representative prior to commencing work. G.PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to the relevant utility company, as well as the City. The cost of the repair, if required, will be at the Contractor’s expense. If damage occurs to any landscape material or irrigation system, immediate treatment or necessary replacement of the same shall be at the Contractor’s sole expense. H.ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the 279 4 restriction. Contractor shall also provide a copy of said notification to City Representative prior to commencing such work. I.PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor’s sole expense and to the City’s satisfaction, within 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor’s monthly bill. J.TRAFFIC CONTROL: 1.Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector prior to start of work. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility arrow board. Prior to closing lanes and/or interfering with the flow of traffic, Contractor shall seek the approval of the City Representative. 24 hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2.Signs used for handling traffic during the course of this project shall be in accordance with the “Work Area Traffic Control Handbook” (WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3.Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, without additional compensation. 4.Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each reported/observed violation that the Contractor fails to conform 280 5 to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K.ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. L.SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of this Contract that are listed on subcontractor(s) form submitted with the bid documents. All submitted subcontractors shall be licensed and only provide the work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M.HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1.Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2.Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. 3.Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, “Stormwater Pollution Control Guidelines For Construction Sites,” which by reference is a part of these specifications and is available for review at the Moorpark City Hall front counter. 4.Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N.INSPECTION TOUR, PUNCH LIST AND SCHEDULE: The Contractor shall accompany the City Representative on a, no less than weekly, inspection tour of landscaped areas at a time specified by the City. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative. The punch list shall contain a 281 6 detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five (5) business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the allocated time, the Contractor may incur liquidated damages, as more fully described below. If Contractor fails to repair or correct deficiencies within five (5)working days past the time line approved by the City, Contractor may be found in nonconformance with the Contract and City, at its discretion, may take corrective action at Contractor’s sole expense, plus 15% administrative fee and assessed liquidated damages. Such fees and expenses shall be deducted from Contractor’s invoice. Within fourteen (14) calendar days, after contractor has been notified by City of the Notice of Award of Contract, Contractor shall prepare and submit to the City Representative a detailed schedule of all maintenance operations as described in the Scope of Work (Appendix C). Weekly schedules (site specific) shall include but not be limited to: •Mowing/Edging •Irrigation Inspections •Weed Maintenance •Trimming •Fertilization •Shrub and Ground Cover Maintenance •Mulching •Pesticide Applications •Swales, Drains, and Catch Basins •Litter Control •Hardscapes •Trails, Walkways, and Pathways Any proposed changes to the schedule(s) during the terms of this contract including days, times, and frequencies shall be submitted to the City Representative for prior review and approval. O.The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Report (Appendix F). A separate report shall be prepared for each park location and shall identify all maintenance items that have been completed, as well as maintenance deficiencies, hazards or other items requested by the City or observed by the Contractor. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Irrigation Report (Appendix G). A separate report shall be prepared for each park location and shall identify the current irrigation schedule and station run times, any changes made to the irrigation schedule within the inspection 282 7 period, any damages or repairs to the irrigation system and any other information requested by the City. P.DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required service and repairs, pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of one hundred fifty dollars ($150.00) for each incident at each separate location for each day that the deficiency remains uncorrected. 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 work or after hours work shall be 283 8 assessed as follows (subject to change per current salary distribution): Senior Maintenance Worker: $120/hr. Maintenance Worker III: $105/hr. T.EXTRA WORK: 1.The Contractor shall not have the exclusive right to perform extra work. Extra work may be performed by the Contractor at the discretion of the City, City forces, or by competitive bid at the sole discretion of the City. 2.Additional work outside the performance requirements such as, but not limited to, shrub and tree planting, renovation, and improvement, shall be required on occasion. 3.The costs for such extra work shall be based on the fair market value of supply and labor costs and shall be agreed to in a written proposal prior to commencement of said work. Only those extra work items authorized in writing on a City Work Order form or other form approved by the City, prior to the start of work, shall be considered for payment. 4.Extra work shall not be performed by regularly scheduled personnel and shall be performed during regular working hours unless authorized in writing by the City. Contractor shall submit certified payroll reports for all extra work services. U.EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at City facilities shall only be allowed with prior written permission from the City. In the event the City consents to allow Contractor to use designated City property for storage, Contractor agrees to assume full responsibility for loss, theft, damage to its equipment, supplies and any injury that may arise to any person. Contractor also assumes full responsibility for any and all damage to City property as a result of any Contractor owned property stored on City property, whether storage is temporary or permanent. Contractor acknowledges that Section 10 Indemnification of the Agreement applies to such storage. V.VANDALISM AND THEFT: 1.The City shall be notified immediately by the Contractor in regards to any acts of vandalism, including graffiti, and theft to City landscaping, irrigation system, or other improvements observed or found by Contractor’s employees, regardless of the cause. a.Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s) or component(s) damaged or stolen, and the number of components involved Report shall be submitted within one (1) business day. 284 9 2.Costs caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. W.PERFORMANCE DURING INCLEMENT WEATHER: 1.During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Contractor shall reschedule and complete all maintenance activities that were not completed on the next available day that weather conditions permit such activities. 2.Failure to adjust the work force and demonstrate that adequate progress has been completed, or failure to reschedule maintenance activities, shall result in a deduction of payment to reflect only the work actually accomplished. 3.If weather conditions do not allow regular maintenance operations to continue, the Contractor shall inform the City Representative in writing and have his work force available to assist the City with emergency operations as required by the City. Emergency operations may include the installation of 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 approved rain gear and other safety equipment that may be necessary during such an instance. 4.The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative in writing. 5.The Contractor shall re-stake and re-tie trees as required and continue to monitor trees during storm conditions. 6.The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. X.CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY: 1.The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses. All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the City solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract in any City provided bin. If requested by the City, Contractor shall make every effort to estimate tonnage disposed. 2.Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris shall be disposed in the bin and not allowed to accumulate on the floor of 285 10 the enclosure. If a bin is full and will not accommodate additional debris, Contractor shall notify City immediately and depose of remaining debris in an alternative City bin. Bin lids shall remain closed. Trash enclosure gates shall be closed and locked when the Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash enclosures shall be immediately reported to the City Representative whenever observed by the Contractor. Y.KEY AND KEY CARD ACCESS CONTROL: 1.Contractor shall be responsible for assigned keys and key cards and is responsible for the proper use and safe keeping of all keys and key cards issued to Contractor by the City. 2.Contractor shall be responsible for assigning keys and key cards to Contractor’s employees. Contractor shall not assign, lend, or in any other way allow use of keys or key cards to anyone other than Contractor’s employees who are performing services under this Agreement. 3.Contractor shall provide to City in writing the names of all individuals who are assigned keys or a key card at the time the assignment is made. If keys or key cards are reassigned by Contractor, Contractor shall immediately provide to City in writing the names of the individuals no longer in possession of keys or key cards and the names of the individuals to whom the keys or key cards are reassigned. 4.Contractor agrees not to duplicate any keys or key cards and acknowledges that California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a five hundred dollar ($500) fine or both. 5.Contractor shall immediately report all lost or stolen keys or key cards to the City Representative. 6.Upon expiration, cancellation, or termination of this Agreement, all keys and key cards received by the Contractor shall be immediately returned to the City. 7.Contractor shall reimburse the City all costs and expenses as determined by the City for any key, key card, or lock replacements due to Contractor’s negligence or willful misconduct. Such costs shall be deducted from any payments due or to become due to Contractor. Costs may include, but are not limited to, replacing padlocks, re-keying door locks, re-programing key card access site(s), staff time, and a fifteen percent (15%) administration fee.” Z.PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition 286 11 of the work area in its “as is” condition with the intent to perform maintenance services according to Contract specifications. AA. ORGANIC WASTE PRODUCT PROCUREMENT REQUIREMENT: All mulch and/or compost (collectively Organic Waste Products) procured and applied in accordance with the terms of this Agreement shall conform to the applicable standards and criteria specified in CA Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) and be eligible to meet the Annual Recovered Organic Waste Product Procurement Target pursuant to California Code of Regulations (CCR), Title 14, Division 7, Chapter 12. Mulch shall meet the following conditions, as specified by 14 CCR Section 18993.1(f)(4): 1.Produced at one of the following facilities: i.A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); or, ii.A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, iii.A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2. 2.Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3. Compost must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements. Contractor shall confirm compliance and submit material samples to the City Representative for approval prior to installation. Contractor shall keep and provide records of all mulch and/or compost procurement to City at the request of the City Representative. Information to be provided shall include: a.General description of how and where the product was used and if applicable, applied; b.Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the products were procured; c.Type of product; d.Quantity (in tons) of each product; and, 287 12 e.Copies of invoices or other records demonstrating purchase or procurement. BB. 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. 288 13 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 289 14 with each mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Tree damage resulting from Contractor’s edging practices shall be replaced by Contactor with a replacement tree at Contractor’s expense. Tree replacement size shall be 24” box and replacement species shall be determined by the City Representative. 5.Curbs, gutters, walkways and all hardscape areas shall be cleaned free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6.Edging next to retaining walls and fences shall be done using a power string type trimmer and shall be completed in such a manner to avoid excessive string contact to the exterior surface of retaining walls, fences and all areas edged with a sting type trimmer. 7.Chemical edging is not permissible without express written approval by the City Representative. If approved in writing by the City Representative, all chemicals utilized shall be ‘non-restricted’ and approved by the County of Ventura Agricultural Commission’s Office and shall meet the requirements of Sections H and I, and Appendix B, Section M. C.TURF FERTILIZATION AND WEED MITIGATION: 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. The contractor shall provide invoices or other documentation to verify fertilizer quantity purchased upon request from the City Representative. 2.Fertilization of turf grasses shall be accomplished three (3) times each year at the intervals and with the fertilizer formula described below: First week of April, August, and October. Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four (4) times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit a written schedule to the City Representative for written approval prior to application. 3.The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a.The turf shall be free of moisture at the time the fertilizer is applied. b.Application of the fertilizer shall be done in sections in accordance with the 290 15 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. 4.Turf areas shall be maintained weed free at all times. All herbicides shall be applied per label specifications and when environmental conditions are appropriate for control. Unless otherwise noted within the RFP, broadleaf herbicides shall be applied, at a minimum, prior to thatching in the month of March and again in the month of September. Contractor shall provide City an application schedule for approval. 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. The contractor shall provide invoices or other documentation to verify fertilizer quantity purchased upon request from the City Representative. Shrub and ground cover Application rates are as follows: One (1) time annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and one (1) time 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 SHRUBS, PERENNIALS, VINES, AND GROUND COVER AREAS: 1.The Contractor shall be responsible for trimming and weeding, weekly removal of leaf litter and daily removal of trash and debris. Trimming shall be performed in a manner that does not alter the appearance of the landscaping but presents a clean aesthetic appeal. Selective pruning is required. Use of power type trimmers/hedgers is acceptable however “lollipopping” or ornamental type shaping will not be permitted without prior written approval from City Representative. 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 neededin 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 with written City approval no less than once annually, or more frequently as determined by the City representative. 3.All perennials and ornamental grasses shall be cut down to 2-4 inches above 291 16 ground level annually per City approval. At no time shall ornamental grasses be trimmed into unnatural growth patterns or “balled”. 4.Contractor shall not trim, hedge or cut down to ground level the following plant species: Juncus spp., Dietes spp., Leymus spp., Chondropetalum spp., Phormium spp. or other ‘grass like’ plants. Contractor shall selectively hand pruned to remove dead plant material. Contractor shall replace any shrubs or perennials at contractor’s sole cost that have been hedged or cut down. 5.Shrubs, ground covers, bare dirt and mulched areas shall be defined as “planters”. 6.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. 7.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. 8.Shrubs shall be maintained at a height no greater than 36” from top of curb at designated areas to allow for traffic safety. 9.All planter areas shall be replenished with mulch no less than two times per calendar year to maintain a depth of no less than 2”. Mulch must conform to the applicable standards and criteria specified in SB 1383 (see Appendix B, Section AA). Mulch shall be 99.5% contaminant free, including litter and weed and/or weed seed. Mulch shall have a uniform size range of 3” and under. Contractor shall confirm compliance and submit mulch sample to the City Representative for approval prior to installation. 10. Planters shall remain weed free. 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. 11.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. 12.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. 292 17 13.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. 14. 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. F.PLANTING IMPROVEMENTS: The City may complete projects to renovate parkways, medians and slopes with drought tolerant plant material and drip irrigation, or other low water alternatives. Contractor shall be responsible to maintain affected turf parkways, medians and slopes to City standards by maintaining them free of weeds, debris and edging when necessary. As these parkways, medians and slopes are improved and retrofitted with new plant material and low water use irrigation systems, the Contractor shall be responsible for maintenance of the new plant material and irrigation systems per the appropriate section(s) of the Scope of Work. G.MAINTENANCE OF TREES: 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of 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: Shall be in accordance industry and International Society of Arboriculture (ISA) standards, and the standards and practices acceptable to the City, and any later amendments and consistent with the guidelines furnished below: a.Pruning for removal of dead, damaged or diseased parts. b.Pruning trees for removal of water sprouts and suckers as they develop. c.Pruning for shape and form shall include lifting of low tree branches to prevent hazards. 293 18 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. 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 Replacement: Any tree 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 shall be removed and/or replaced. No tree shall be removed without prior written approval from the City Representative. 5.Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a.Tree staking shall be performed in accordance ISA Standards. b.Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c.Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d.Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e.Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f.Where plastic arbor guards have been installed at base of the tree trunk, 294 19 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 permits required for pesticide, herbicide, rodenticide and insecticide transport and application operations. Pesticide applicators (persons) assigned by the Contractor to perform pesticide operations shall have a valid license issued by the State of California Department of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State certification for categories specific to each pesticide for recommendation or use. Contractor shall be in strict compliance with all pesticide directives and laws governed by the County of Ventura Agricultural Commissioner’s Office and be identified in the City of Moorpark’s Restricted Materials Permit before conducting any Pesticide operations in the City. The Contractor shall not store Pesticides on City owned property at any time and for any reason without exception. Contractor shall provide the City with photocopies of a valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2.Intent to Spray Application: Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix E) prior to the application of any pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s). All applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a.The exact location(s) where the pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s) is to be used, with the identification of the insect(s), weed(s) and/or rodent(s) to be controlled. b.That the pesticide(s), herbicide(s), rodenticide(s) and/or insecticide(s) shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 3.Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to ensure areas are kept free of weeds. Chemical weed control in shrub and groundcover planting 295 20 areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with ‘non-restricted’ commercial herbicide(s), as governed by the County of Ventura Agricultural Commissioner’s Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix E) prior to the application of any herbicide(s). All herbicide applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a.The exact location(s) where the herbicide is to be used, with the identification of the weed to be controlled. b.That the herbicide has no harmful effect upon desirable plant materials. c.That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4.Disease, Harmful Insects: a.Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b.If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1)The exact location(s) where the disease, harmful insects are prevalent. 2)The Contractor's opinion of the type of disease, insect. 3)The Contractor's recommendation for control and elimination of the disease or harmful insects. 5.Rodent Control: a.The Contractor’s Pest Control Advisor’s (PCA) recommendations shall provide specific names of the specific vertebrate specie(s) expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA 296 21 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 may use the subcontractor identified in the bid documents, at the Contractor’s sole cost. An alternate subcontracted commercial pest control company, hired at the Contractor’s sole cost, may be approved with prior written approval by the City’s Representative. c.Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. I.PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS: 1.All pesticides, herbicides, rodenticides and insecticides to be used that are designated “restricted” by the State of California Department of Pesticide Regulation, shall be approved by the City Representative prior to use. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2.All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioner’s Office. Records of all operations stating date and time treated, geographic location, field location, operator ID/permit number, operator’s name and address, application name and address, site treated, acres planted, acres treated, application method, U.S. EPA/California pesticide registration number of product applied, pesticide product name and manufacturer, total amount of product applied, and name and signature of person preparing report shall be made and retained in an active file for a minimum of two (2) years by the Contractor. Copies of Contractor’s pesticide training records shall be presented to the City within 24 hours of notice to produce such records. 297 22 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. 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 298 23 * Hose bibs * Gate valves * Drip Irrigation Pipe and Components 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 twice per month at all locations, while water is on. Any part of the system not functioning normally shall immediately be cleaned, adjusted, repaired or replaced as needed to restore the system to normal operation. This shall also apply in times of service failure for any reason. 5.At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacement(s). 6.All mainline repairs shall be inspected by the City Representative prior to backfilling to ensure 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 make 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. 299 24 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: 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 no less thantwice a month. 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. 300 25 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 no less than one (1) full time irrigation technician, fully trained in all phases of the WeatherTrak irrigation system operation. This is to include, but not limited to, diagnosis and repair of controllers (motors, switches and fuses), valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. The Contractor’s irrigation technician shall have a minimum of four (4) years of experience at the technician level and have WeatherTrak experience. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician’s qualifications, for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in Appendix B, Sections A and B. The irrigation technician shall remain on site for a minimum of eight (8) hours per day, except as required to obtain irrigation equipment necessary for repairs to the City’s irrigation systems. The irrigation technician is responsible for the City irrigation systems and shall not perform any other landscape maintenance services unless approved in writing by the City Representative. The irrigation technician shall be required to carry a basic inventory of irrigation parts and equipment to complete the necessary repairs. Contractor shall provide additional irrigation personnel as needed, to provide irrigation repair and maintenance services described herein, in emergency situations and as directed by the City Representative. K.IRRIGATING AREAS: Irrigation is controlled by the City’s Central Irrigation Management System. Programming and scheduling of the City’s Central Irrigation Management System shall be the responsibility of the contractor. 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 written approval from the City Representative. 301 26 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 for the programming of conventional or solar-powered automatic controllers as directed by the City Representative. Contractor shall submit to the City a monthly schedule of the irrigation system schedule. Any changes to the schedule must be submitted to the City for approval. City may request a change of programming at any time. c.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. d.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. e.Contractor shall be held responsible for over-watering, which is represented by excessive run-off, over saturation, or high use rates and dry areas or dead plant material caused by the Contractor’s negligence to monitor or report to the City Representative Central Irrigation Management System problems or required adjustments shall result in Liquidated Damages and the cost of water or dead plant material incurred by City. f.Contractor shall be responsible to implement irrigation scheduled necessary to establish new trees, shrubs, ground cover and turf (up through the sixth mowing). Any adjustments to the irrigation schedule shall be submitted to the City Representative for approval. 2.Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a.Contractor’s Irrigation Schedule and Maintenance Report (Appendix G): An Irrigation Schedule and Maintenance Report shall be prepared twice a month 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 302 27 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 During Inclement Weather: Contractor shall set irrigation controllers to the “OFF” position prior to actual inclement weather conditions and when local weather reports forecast a 40% or greater chance of inclement weather. The Contractor will be responsible to return the controllers to the “ON” position when conditions are appropriate. L.SWALES, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION AND CATCH BASINS): 1.Contractor shall maintain all swales and drains on a weekly basis to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2.Drains and collection boxes shall be inspected weekly, cleaned and cleared of all debris as needed. 3.Drain grates shall be inspected weekly. Contractor shall immediately inform the City of any broken or missing grates, and secure same to keep the area safe for public use. 4.Debris basins, retention basins and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash and tree branches. Contractor shall string trim or mow the bottom of all basins to a maximum height of 3”, four (4) times annually. Contractor shall remove all trimmings. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. 5.Contractor shall maintain all tree, shrub and groundcover areas, including accompanying irrigation systems, adjacent to all debris basins, retention basins and detention basins as described herein. M.LITTER CONTROL: 1.Contractor shall remove litter, paper, rocks, glass, trash, undesirable materials, fallen tree branches, leaves, pine needles, and miscellaneous debris daily. This includes, but is not limited to all hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, trails and walking paths, along fence lines, steps, planters, drains, catch basins, areas on slopes from the toe to the top of slope and turf areas. 303 28 2.Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City supplied solid waste containers or bins. 3.Litter pickup shall be completed as early in the day as possible, but in no event later than 10:00 a.m. 4.Litter shall be placed in City supplied refuse bins and not in public use trash containers. N. TRASH RECEPTACLES AND DOG WASTE STATIONS: 1.Trash, recycling and Mutt Mitt receptacles adjacent to City trails, or other areas, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. Recycle material shall be removed from the liner and placed in appropriate recycling bin. The liner shall be placed in appropriate trash bin. 2.Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as needed and when less than 75% full. City shall provide Mutt Mitt’s at City’s sole cost. 3.Trash, recycling and Mutt Mitt receptacles shall be cleaned as needed, or as requested by the City, but no less than weekly. O.HARDSCAPE: 1.All hardscapes as area including, but not limited to, sidewalks, parking lots, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints and walls adjacent to City maintained landscape areas shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe. 2.The Contractor shall be responsible for weekly sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas. P.GRAFFITI: 1.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 304 29 removed using a solvent specially formulated for graffiti removal and approved for such use by the City Representative. If graffiti cannot be removed with said solvent, Contractor shall notify the City Representative immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor’s first arrival to the designated work site: a)Concrete walkways. b)Curb and gutter c)Concrete drainage swells, slough walls, culverts, drainage inlet or outlet devices d)Fences and block walls e)Waste cans f)Lighting fixtures 2.All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. 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. 305 30 PART 3 LANDSCAPE MAINTENANCE DISTRICTS CITYWIDE ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) LANDSCAPE MAINTENANCE DISTRICT CITYWIDE AREAS DESCRIPTION SIZE MAP 1.Poindexter Avenue (CW1): Parkway (s): South side of Poindexter Avenue, east and west of Sierra Avenue. Sidewalk, vines and planters. 4,356 s.f. CW1 2.Tierra Rejada Road Parkways (CW2): Parkway(s): East and west side of Tierra Rejada Road from Los Angeles Avenue southerly to Harvester Street. Tree wells, sidewalk, vines and planters. 13,068 s.f. CW2 3.Tierra Rejada Road Median Islands (CW2a, 2b, 2c, 2d): Median Islands (s): Tierra Rejada Road between Los Angeles Avenue and the flood control channel bridge. Median Islands (s): Tierra Rejada Road between the flood control channel bridge and the Southern California Edison (SCE) easement. Median Island (s): Tierra Rejada Road between the SCE easement and Spring Road. Median Island (s): Tierra Rejada Road between Spring Road and the City limits, east of the Hwy 23 overpass. 56,628 s.f. CW2a CW2b CW2c CW2d 4.Mountain Trail Street Median Islands (CW3a): Median Island (s): Mountain Trail Street between Tierra Rejada Road and Mountain Meadows Drive. 13,068 s.f. CW3a 5.Fountain (CWF): Mountain Meadows Plaza at the corner of Tierra Rejada Road and Mountain Trail Street. Planters. 2,500 s.f. CWF 6.Spring Road Median, Planters, Parkways South of LA Avenue (CW4a, 4b): Medians: Spring Road between Los Angeles Avenue and Peach Hill Road. Spring Road between Peach Hill Road and Tierra Rejada Road Planters: East side of Spring Road from Los Angeles Ave to Peach Hill Road from Arroyo bridge to approximately 650 south of Peach Hill road. Planter corner of Spring Road and Peach Hill Road (Marlbrough). West side Spring Road from Peach Hill to south plante on the south side of Christian Barrett. Trees, shrubs, wall vines and mulch. 159,603 s.f. CW4a CW4b 306 31 7. High Street (CW5): Moorpark Ave to Spring Road: Planters, Parkways, improved and unimproved Public Parking lots, Hardscapes 43,560 s.f. CW5 8. Los Angeles Avenue at Millard Street (CW6): Parkway (s): North side of Los Angeles Avenue between Millard Street and Spring Road. Sidewalk, vines and planters. 9,000 s.f. CW6 9. Princeton Avenue Parkways (CW7): Parkway (s): East side of Princeton Avenue from the 118 Freeway northerly to Campus Park Drive. Sidewalk and planters. Parkway (s): West side of Princeton Avenue from the 118 Freeway northerly to Amherst Street. Sidewalk and planters. 6,500 s.f. CW7 10. Princeton Avenue Medians (CW7a, 7b): Median (s): Princeton Avenue between the southerly end of Condor Drive and the 118 Freeway overpass. Median (s): Princeton Avenue between the 118 Freeway overpass and Campus Park Drive. 6,500 s.f. CW7a CW7b 11. Campus Park Drive Parkways (CW8): Parkway (s): Southwest side of Campus Park Drive from Cambridge Street easterly to the commercial center. Sidewalk and planters. Parkway (s): South side of Campus Park Drive from Princeton Avenue easterly to Penn Street. 9,000 s.f. CW8 12. Campus Park Drive Medians (CW8a, 8b): Median (s): Campus Park Drive between Princeton Avenue and Penn Street. Median (s): Campus Park Drive between Penn Street to Collins Drive. 22,000 s.f. CW8a CW8b 13. Campus Park Drive at Collins Drive (CW9): Parkway (s): North side of Campus Park Drive from Collins westerly to the Flood Control Channel. Sidewalk and planters. Parkway (s): West side of Collins from Benwood Drive southerly to Campus Park Drive. Sidewalk and planters. 13,068 s.f. CW9 14. Los Angeles Ave at Tierra Rejada Road (CW10) Parkways Southside of Los Angeles Avenue from Mira Sol Drive easterly approximately 600’ east of Maureen Lane. Trees, tree wells, sidewalk, planters and vines 13,068 s.f. CW10 15. Spring Road Parkways – North of LA Avenue (CW11): Parkway (s): West side of Spring Road, from the Railroad tracks southerly to Los Angeles Avenue. Tree wells, sidewalk, vines and planters. Parkway (s): East side of Spring Road between the Railroad tracks and Flinn Avenue. Tree wells, sidewalk. 26,250 s.f. CW11 16. Spring Road Medians – North of LA Avenue (CW11a): Median (s): Spring road south between railroad tracks and Flinn Avenue. 4,356 s.f. CW11a 307 32 17. Peach Hill Road Parkway – West of Rolling Knoll Drive Parkway with trees and wood mulch 600 s.f. CW12 18. Peach Hill Road Parkway – West of Bella Vista Drive Parkway with trees and wood mulch 600 s.f. CW 12a PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 308 33 LANDSCAPE MAINTENANCE DISTRICT ZONES OF BENEFIT AREAS DESCRIPTION SIZE MAP 1.Zone 1 Pecan Ave: Parkway (s): East side of Pecan Avenue between Campus Park Drive and Bambi Court. Sidewalk and planters. Parkway (s): North side of Bambi Court between Pecan Avenue and Benwood Drive. Sidewalk and planters. Parkway (s): East side of Benwood Drive between Bambi Court and north Benwood Drive. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. 60,984 s.f. Z1 2.Zone 2 Steeple Hill: Parkway (s) & slope (s): West side of Spring Road, south of Monte Vista Park to approximately 75’ south of Christian Barrett Road, including entry planters. Sidewalk, turf, vines and planters. Parkway (s) & slope (s): South side of Christian Barrett Road between Spring Road and Willow Creek Lane. Sidewalk, vines and planters. Parkway (s) & slope (s): North side of Tierra Rejada Road, from the southwest property line of the commercial center westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway (s) & slope (s): South side of Tierra Rejada Road from approximately 75’ east of Keisha Drive westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway (s) & slope (s): East side of Peach Hill Road from Tierra Rejada Road southerly to Christian Barrett Road. Sidewalk and planters. 143,748 s.f. Z2 3.Zone 3 Buttercreek: Parkway (s): South side of Peppermill Street. Sidewalk and planters. Parkway (s): South side of Los Angeles Avenue from the east property line west of Buttercreek Road easterly to Mira Sol Drive. Tree wells, sidewalk, vines and planters. 4,356 s.f. Z3 4.Zone 4 Williams Ranch: Parkway (s): North side of Williams Ranch Road between Granidilla and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Road from the SCE Easement westerly to the west end of Williams Ranch Road. Turf, planters and sidewalk. Parkway (s): SCE barrier landscape area. Planters 21,780 s.f. Z4 309 34 5.Zone 5 Pheasant: Parkway (s) & slope (s): West side of Peach Hill Road between Williams Ranch Road and Tierra Rejada Road. Sidewalk, turf and planters. Parkway (s) & slope (s): North and South side of Tierra Rejada Road between Peach Hill Road and the SCE easement, including the entry statements at Pheasant Run Street. Sidewalk and planters. 191,664 s.f. Z5 6.Zone 6 Ingelwood St.: Parkway (s): West end of Inglewood Street 1,500 s.f. Z6 7.Zone 7 L.A. Ave & Gabbert: Parkway (s): North side of Los Angeles Avenue from Gabbert Road easterly to the property line east of Shasta Avenue. Turf, sidewalk and planters. 35,000 s.f. Z7 8.Zone 8 Home Acres Buffer: The fenced landscaped area at the west end of Shadyridge Drive Turf, sidewalk and planters. 60,984 s.f. Z8 9.Zone 9 Condor: Parkway and planter at the southwest corner of Condor Drive and Princeton Avenue. 17,424 s.f. Z9 10.Zone 10 Mountain Meadows PC3: The landscape area adjacent to both sides of the Peach Hill Wash channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Road on the north side of the channel, including the slope and landscape areas behind the adjacent shopping center at Tierra Rejada Road and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, west of Mountain Trail Street, behind the houses fronting Shadyridge Drive, including the north slope area adjacent to Mountain Trail Street. Planters and natural areas. Parkway (s) and slope (s): North and south side of Tierra Rejada Road between the flood control channel bridge and Countrywood Drive, including the entry statements at Countrywood Drive. Sidwalk, turf and planters. Parkway (s) and slope (s): Southwest side of Tierra Rejada Road between Countrywood Drive and the Vons Shopping Center. Sidewalk and planters Parkway (s) and slope (s): North side of Tierra Rejada Road between Mountain Trail Street and the SCE easement. Parkway (s) and slope (s): South side of Tierra Rejada Road between Mountain Meadow Drive and the SCE easement. 740,520 s.f. Z10 310 35 11.Zone 11 Alyssas Ct: Landscaped parkway at the northeast and southeast corners of Pecan Avenue and Alyssas Court. Turf and sidewalk. 1,800 s.f. Z11 12.Zone 14 Silver Oak: Parkway (s): North side of Peach Hill Road from Rolling Knoll Drive easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Drive from Peach Hill Road northerly to property line. Sidewalk and planters. 13,068 s.f. Z14 PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 311 36 LANDSCAPE MAINTENANCE DISTRICTS MISCELLANEOUS PROPERTIES DESCRIPTION SIZE MAP 1.310 High Street — Metrolink Station: Paved north parking lot and south parking lot, Metrolink Station and walkways, pedestrian access park south of the railroad tracks between Moorpark Avenue and the Metrolink parking lot, all landscape planters, access drive and the High Street and Moorpark Ave landscape frontage. 278,784 s.f. M1 2.661 Moorpark Avenue: City-owned vacant property. Landscape areas and parkway east of the property fence and between the north and south property line. 11,185 s.f. M2 3.18 High Street: SA owned office property. Landscape frontage on High Street and Moorpark Avenue, south property line fence, parking lot and planters. 15,700 s,f. M3 4.33 High Street: SA owned office property. Landscape frontage on High Street, parking lot and planters. 1,500 s,f. M4 5. 627 Fitch Avenue – Moorpark Public Services Facility Landscape areas and parking lot 55,000 s.f. M5 6.699 Moorpark Ave - Moorpark Library: Landscape areas and parking lot.37,000 s.f. M6 7.799 Moorpark Avenue — Moorpark Civic Center: All landscaped areas at the Civic Center Complex (City Hall, Office (s), Annex (s), Community Center, Parking Lots) Does not include the Community Center Park. 113,256s.f. M7 8.Public Parking Lot: Paved parking lot and landscape areas on the south/west corner of High Street and Moorpark Avenue. 43,560 s.f. M8 9. 612 Spring Road – Ruben Castro Human Services Center Landscape areas and parking lot 108,900 s.f. M9 10. 31 Poindexter Ave (City Facility Parking lot, Trees and Shrubs 10,000 s.f. M10 11.Bus Shelters: Empty trash receptacles at 21 bus stops once a week.21 total Attached PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. Landscape maintenance services for areas designated with an asterisk (*) shall not begin 312 37 without prior written City approval. 313 38 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:_______________ 314 39 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 315 40 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 316 41 317 42 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 318 43 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 319 44 PART 7 LANDSCAPE MAINTENANCE DISTRICTS CITYWIDE ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES AREA DIAGRAMS 320 AREA DIAGRAMS  CITYWIDE ZONES,   LMD ZONES 1, 2, 3, 4, 5, 6, 7, 10, 11, 14 AND MISCELLANEOUS CITY PROPERTIES  321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 ATTACHMENT 2 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 BUDGET TO APPROPRIATE $70,294 FROM VARIOUS FUNDS TO FULLY FUND LANDSCAPE MAINTENANCE SERVICES IN CITYWIDE ZONES, ZONES OF BENEFIT 1-11 AND 14, AND MISCELLANEOUS CITY PROPERTIES WHEREAS, on May 25, 2022, the City Council reviewed the Operating and Capital Improvement Budget for Fiscal Year (FY) 2022/23; and WHEREAS, a staff report has been presented to City Council requesting an aggregate budget amendment in the amount of $70,294, to be implemented following adoption of the FY 2022/23 budget and the start of the fiscal year, to account for increased costs for landscape maintenance services in citywide zones, Zones of Benefit 1-11 and 14, and miscellaneous city properties. The budget amendment will be required from General Fund (1000) - $17,127; Library Fund (1010) - $877; City-Wide Traffic Mitigation (2002) - $1,181; AD 84-2 Citywide (2300) - $22,969; 84-2 Pecan Ave T2851 (2301) - $1,445; 84-2 Steeple Hill T2865 (2302) - $3,402; 84-2 Butter Creek T3032 (2303) - $108; 84-2 Williams Ranch T3274 (2304) - $517; 84-2 Pheasant Run T3019/3525 (2305) - $4,138; 84-2 Inglewood St T3306 (2306) - $33; 84-2 LA Ave & Gabbert Rd (2307) - $829; 84-2 Home Acres Buffer (2308) - $645; 84-2 Condor Drive (2309) - $417; 84-2 Alyssas Court T4174 (2311) - $48; Silver Oak Ln (2314) - $417; and Local TDA Article 8C (2414) - $16,141; and WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An aggregate budget amendment of $70,294 from various funds to fully finance landscape maintenance costs for FY 2022/23, as more particularly described in Exhibit A, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 337 Resolution No. 2022-_____ Page 2 PASSED AND ADOPTED this 1st day of June, 2022 __________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment 338 Resolution No. 2022-_____ Page 3 EXHIBIT A BUDGET AMENDMENT FOR VARIOUS FUNDS TO FINANCE LANDSCAPE MAINTENANCE SERVICES IN CITYWIDE ZONES, ZONES OF BENEFIT 1-11 AND 14, AND MISCELLANEOUS CITY PROPERTIES FY 22/23 FUND BALANCE ALLOCATION: Fund Title Fund Account Number Amount GENERAL FUND 1000-000-00000-33990 17,127.00$ LIBRARY OPERATING FUND 1010-000-00000-33990 877.00$ CITY-WIDE TRAFFIC MITIGAT 2002-000-00000-33990 1,181.00$ AD 84-2 CITYWIDE LLMD 2300-000-00000-33990 22,969.00$ 84-2 PECAN AVE T2851 2301-000-00000-33990 1,445.00$ 84-2 STEEPLE HILL T2865 2302-000-00000-33990 3,402.00$ 84-2 BUTTERCREEK T3032 2303-000-00000-33990 108.00$ 84-2 WILLIAMS RANCH T3274 2304-000-00000-33990 517.00$ 84-2 PHEASANT T3019/3525 2305-000-00000-33990 4,138.00$ 84-2 INGLEWOOD ST T3306 2306-000-00000-33990 33.00$ 84-2 LA AVE & GABBERT RD 2307-000-00000-33990 829.00$ 84-2 HOMES ACRES BUFFER 2308-000-00000-33990 645.00$ 84-2 CONDOR DRIVE 2309-000-00000-33990 417.00$ 84-2 ALYSSAS COURT T4174 2311-000-00000-33990 48.00$ SILVER OAK LN 2314-000-00000-33990 417.00$ LOCAL TDA ARTICLE 8C 2414-000-00000-33990 16,141.00$ Total 70,294.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-171-F0001-53000 121,208.00$ 2,677.00$ 123,885.00$ 1000-171-F0008-53000 84,820.00$ 1,305.00$ 86,125.00$ 1000-171-F0010-53000 15,600.00$ 8,572.00$ 24,172.00$ 1000-171-L0002-53000 65,622.00$ 2,577.00$ 68,199.00$ 1000-171-L0009-53000 3,716.00$ 33.00$ 3,749.00$ 1000-171-L0016-53000 9,264.00$ 1,033.00$ 10,297.00$ 1000-172-L0034-53000 2,000.00$ 389.00$ 2,389.00$ 1000-172-L0039-53000 4,100.00$ 541.00$ 4,641.00$ 1010-171-00000-53000 18,840.00$ 877.00$ 19,717.00$ 339 Resolution No. 2022-____ Page 4 EXPENDITURE APPROPRIATION (continued): Account Number Current Budget Revision Amended Budget 2002-172-L0075-53000 37,500.00$ 1,181.00$ 38,681.00$ 2300-542-P0004-51000 73,858.00$ 22,969.00$ 96,827.00$ 2301-542-P0004-53000 15,272.00$ 1,445.00$ 16,717.00$ 2302-542-P0004-53000 42,188.00$ 3,402.00$ 45,590.00$ 2303-542-P0004-53000 1,886.00$ 108.00$ 1,994.00$ 2304-542-P0004-53000 4,532.00$ 517.00$ 5,049.00$ 2305-542-P0004-53000 37,900.00$ 4,138.00$ 42,038.00$ 2306-542-P0004-53000 916.00$ 33.00$ 949.00$ 2307-542-P0004-53000 13,390.00$ 829.00$ 14,219.00$ 2308-542-P0004-53000 13,872.00$ 645.00$ 14,517.00$ 2309-542-P0004-53000 3,870.00$ 417.00$ 4,287.00$ 2311-542-P0004-53000 764.00$ 48.00$ 812.00$ 2314-542-P0004-53000 8,546.00$ 417.00$ 8,963.00$ 2414-430-00000-53000 20,160.00$ 9,722.00$ 29,882.00$ 2414-430-P0013-53000 47,600.00$ 6,419.00$ 54,019.00$ Total 647,424.00$ 70,294.00$ 717,718.00$ -$ -$ 340