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HomeMy WebLinkAboutAGENDA REPORT 2024 0605 CCSA REG ITEM 10NCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 5, 2024 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. N. Consider Award of Agreement to Parkwood Landscape Maintenance, Inc. for Landscape Maintenance Services in Parks. Staff Recommendation: Approve Agreement with Parkwood Landscape Maintenance, Inc. and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager. (Staff: Jeremy Laurentowski, Parks & Recreation Director) Item: 10.N. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Leland Baxter, Parks and Facilities Supervisor DATE: 06/05/2024 Regular Meeting SUBJECT: Consider Award of Agreement to Parkwood Landscape Maintenance, Inc. for Landscape Maintenance Services in Parks SUMMARY It is requested that the City Council consider award of an Agreement with Parkwood Landscape Maintenance, Inc. (Parkwood) in the amount of $545,240 annually for landscape maintenance services in all existing twenty (20) City-owned parks, including Serenata Trail. BACKGROUND In 1999 the City established the Parks and Recreation Maintenance and Improvement District (Park Maintenance District) for the maintenance and improvement of City parks. It was initiated by the City Council to provide funding in place of Parks Maintenance Assessment District No. AD 85-1, which was disbanded in 1998 as a result of Proposition 218.The Park Maintenance District is based on a “special” assessment by which the City assesses property owners for that portion of park maintenance and improvement activities that generate a “special” benefit. Activities that generate a “general” benefit must be funded from non-assessment revenue, typically the General Fund and Park Improvement Funds. The amount of assessment levied to property owners may only increase annually by the amount of the Consumer Price Index (CPI) for the Los Angeles/Long Beach/Anaheim area, and not more than 3% in any year. In situations where the CPI exceeds 3%, the remaining difference can be carried over to a subsequent year. Item: 10.N. 479 Honorable City Council 6/05/2024 Regular Meeting Page 2 As detailed in the Parks and Recreation Maintenance and Improvement District Engineer’s Report for Fiscal Year (FY) 2024/25 (presented to Council on May 1, 2024) the level of “general” benefit to properties within the district is 25%, with the remaining 75% providing “special” benefit. This means that the City can assess property owners within the district up to 75% of the costs of maintaining, operating and improving the parks and recreation facilities. When initially established, the assessment was set at $39.00 for a single-family equivalent (SFE) unit, generating approximately 52% of the revenue required to support the Park Maintenance District operations at that time. This percentage was well below the “special” assessment cap of 75%. The City contributed funds to cover the remaining 48%, mostly from the General Fund. Over the years, as park acreage and amenities expanded and rising maintenance and utility costs outpaced increases in assessment revenues, the percentage of the total activities funded by non- assessment revenues (primarily General Fund and Park Improvement Funds) have compounded. The proposed SFE assessment rate for FY 2024/25 is $72.88. The resulting assessment revenue is expected to cover only 39% of the operating budget, or 15% of the total budget, which includes both operating costs and Capital Projects, (or only 20% of the 75% cap for the “special” benefit the City is eligible to assess). It is estimated that a General Fund subsidy of approximately $1.5M will be required to fund park operations. DISCUSSION On June, 30, 2022, the City Council approved an Agreement with Oakridge Landscape, Inc. (Oakridge) for landscape maintenance services in all existing twenty (20) City-owned parks, including Serenata Trail located north of Miller Park on Miller Parkway. The contract had an initial term ending June 30, 2023, and contained a provision for two (2) additional one-year extensions. On May 8, 2023, the City and Oakridge amended the Agreement to implement the first one-year term extension and extend the term through June 20, 2024. However, Oakridge recently informed staff that they have elected to opt out of their final extension. With the current contract for parks maintenance scheduled to expire at the end of June, on April 24, 2024, staff prepared and released a Request for Proposals (RFP) for landscape maintenance services. A mandatory pre-bid meeting and site visit with interested bidders was conducted on May 6, 2024. The City received five proposals by the due date of May 17, 2024. 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, Inc. $474,240 JAS Landscape LLC $523,200 Venco Western $592,147 Mariposa Landscape $781,716.24 SGD Enterprises $1,026,348.60 480 Honorable City Council 6/05/2024 Regular Meeting Page 3 Additionally, the RFP included an Additive Bid item to spread mulch in all the City parks once annually. Historically, the City contracted with the Ventura County Probation Agency (VCPA) to complete this work. However, during the COVID-19 pandemic, the VCPA cancelled the Work Program. In 2022 the Work Program was reinstated, but with significant modifications. For instance, all transportation to the various parks, and all management and oversight of the VCPA workers, and would now fall on City staff, in lieu of an armed officer. Due to these changes, the City has not renewed the Work Program contract and has not spread mulch in the parks since 2020. The VCPA contract was for $12,000/year and typically included spreading approximately 1,800 cubic yards of mulch. The Additive Bid item to spread mulch submitted by Parkwood is $7,200/year. Staff believes this Additive Bid item is cost effective and staff recommends including this cost in the proposed Agreement with Parkwood. The lowest bid was submitted by Parkwood. Staff believes that they have the necessary qualifications and experience to perform the required services. Staff recommends awarding an Agreement to Parkwood for landscape maintenance services for the City parks in the amount of $552,440 per year, which includes a base bid of $474,240, the Additive Bid item to spread mulch of $7,200 per year, and a 15% annual contingency of $71,000. The contract term would be for one (1) year with four (4) optional one-year extensions. The agreement includes a cost adjustment at year three (3) and year five (5) of the agreement, whereby Parkwood’s rates may be increased by an amount not to exceed the annual percentage change in the Consumer Price Index (CPI), All Urban Consumers in the Los Angeles-Riverside-Orange County, CA Area, from January of the prior year to January of the current year, or 5 percent (5%), whichever is less. The total potential contract value over the five-year term is $2,874,070. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT The total proposed FY 2024/25 Operating Budget includes $434,640 designated for landscape maintenance services in Parks Division (541), Contractual Services (51000). Parkwood’s annual cost for Parks landscape maintenance services is $474,240. A budget amendment in the amount of $39,600 will be required. However, with adoption of the proposed FY 2024/25 Operating Budget pending, staff will return to the City Council at a later date to recommend approval of a budget amendment. The proposed FY 2024/25 Operating Budget includes $26,000 designated for the purchase and spreading of mulch in the Parks Division (541), Maintenance and Supplies (52010) account. Additionally, the Parks Division (541), Property Maintenance Services 481 Honorable City Council 6/05/2024 Regular Meeting Page 4 (53000) account includes various funding amounts at each park location to cover additional or emergency services required of the contingency. No additional appropriation is needed to spread mulch or cover contingency costs. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Agreement with Parkwood Landscape Maintenance, Inc. and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager. Attachment: Agreement 482 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PARKWOOD LANDSCAPE MAINTENANCE, INC., FOR LANDSCAPE MAINTENANCE SERVICES - PARKS 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 City Parks 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, 2024, 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, 2024 and will expire on June 30, 2025, unless this Agreement is terminated or suspended pursuant to this Agreement . Upon the mutual consent and written amendment to this Agreement executed by both parties, the term of this Agreement may be extended by four (4) additional one (1) year periods. 2.SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide landscape maintenance services for City Parks 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 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 five hundred fifty-two thousand four hundred forty dollars ($552,440) annually, which includes an annual contingency of seventy -one thousand dollars ($71,000), 483 without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. After year two (2) and after year four (4) of the agreement, and at the request of the Contractor, rates shown in the Schedule of Prices may be increased by an amount not to exceed the lesser of the annual percentage change in the Consumer Price Index (CPI) – All Urban Consumers in the Los Angeles-Riverside-Orange County, CA Area from January of the prior year to January of the current year, or 5 percent (5%). Requests for rate adjustments must be submitted by Contractor to City by or before April 1st in order to be considered for implementation the following July 1st. Failure of Contractor to request an increase by April 1st shall result in Contractor waiving its right to escalate the rates for the subsequent year. The request for rate adjustme nt shall be accompanied by all data and documentation necessary to evaluate the request, as reasonably determined by the City. 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 (co mmencing 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. Page 2 of 89 484 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 the rates or total contract value of five hundred fifty-two thousand four hundred forty dollars ($552,440) annually, which includes an annual contingency of seventy-one thousand dollars ($71,000), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 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 agreemen t executed by both parties. 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. Page 3 of 89 485 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 default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8.LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9.OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evalua tion 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. Page 4 of 89 486 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 cours e 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, Contra ctor 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 dama ges, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirement s 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 termi nation 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 Page 5 of 89 487 Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11.INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12.INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, 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. Page 6 of 89 488 14.ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15.UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 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 t hereafter, 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 performi ng 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 Page 7 of 89 489 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 request ed, 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 specified. Notices, payments and other documents shall be deemed deliver ed 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 perf ormance of the services in this Agreement. Page 8 of 89 490 22.VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23.COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24.ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 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. Page 9 of 89 491 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. CITY OF MOORPARK PARKWOOD LANDSCAPE MAINTENANCE, INC. By:_______________________________ By:_______________________________ Troy Brown, City Manager David L. Melito, President Attest: __________________________________ Ky Spangler, City Clerk Page 10 of 89 492 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: Type of Insurance Limits Commercial General Liability $1,000,000 / $2,000,000 Aggregate Business Automobile Liability $1,000,000 Workers’ Compensation Statutory Requirements Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the State of California and with an A.M. Best rating of A- or better and a minimum financial size of VII. 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 Automobile Insurance 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. Such Insurance must include a waiver of subrogation endorsement in favor of the City, its officers, employees, agents, and volunteers. Page 11 of 89 493 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 beha lf” 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 but in no event less than $2,000,000 aggregate. 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, or equivalent, 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. Page 12 of 89 494 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify 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 Con tractor or any subcontractor, is intended to apply first and on a primary and 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 sha ll 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. Page 13 of 89 495 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 performan ce of this Agreement. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or 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 h erein 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 Cit y, 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. Page 14 of 89 496 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22.Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 23.Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project, when required by City. City shall determine the liability limit. Page 15 of 89 497 EXHIBIT B PUBLIC CONTRACT CODE SECTION 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 c arry 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. Page 16 of 89 498 (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)(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)(v) The Military Department as to any project under the jurisdiction of that department. (vi)(vi) The Department of General Services as to all other projects. (vii)(vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (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 Page 17 of 89 499 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 m ediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (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. Page 18 of 89 500 (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 con tractual 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.) Page 19 of 89 501 Page 20 of 89 502 Page 21 of 89 503 Page 22 of 89 504 EXHIBIT D: PARKS MAINTENANCE SERVICE SPECIFICATIONS APPENDIX A: EXECUTION OF CONTRACT APPENDIX B: CONTRACTOR PERFORMANCE REQUIREMENTS APPENDIX C: SCOPE OF WORK APPENDIX D: SCOPE OF WORK ADDITIVE ITEMS APPENDIX E: PARK SITE DESCRIPTIONS AND LOCATION MAPS APPENDIX F: WEEKLY INSPECTION REPORT APPENDIX G: WEEKLY IRRIGATION INSPECTION REPORT APPENDIX H: CONTRACTOR’S INTENT TO SPRAY RESTRICTED / NON- RESTRICTED MATERIALS Page 23 of 89 505 APPENDIX A EXECUTION OF CONTRACT Contractor shall execute the Agreement within fourteen (14) calendar days from the date of delivery of the Contract Documents to the Contractor. Additionally, Contractor shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within fourteen (14) calendar days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Agreement or to conform to any of the stipulated requirements shall be just cause for the annulment of the award. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), and a Bond guaranteeing the Contractor’s faithful performance of the Contract. Page 24 of 89 506 APPENDIX B CONTRACTOR PERFORMANCE REQUIREMENTS A.WORKING HOURS: 1.Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m. (“working hours”). No work shall be performed on Saturday, Sunday, or City approved holidays, or outside of these specified times, 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.All parks facilities shall be opened as follows: Facility Days per week Open Arroyo Vista Community Park M, T, W, Th, F 6:00 a.m. Dog Park (maintenance) W 12:00 p.m. Skate Park M, T, W, Th, F 10:00 a.m. *Skate Park (holiday schedule)M, T, W, Th, F 8:00 a.m. *The Skate Park shall be opened during the holiday schedule when Moorpark Unified School District is not in session, including all recognized school and City holidays, and school breaks. Schedule is subject to change per City’s discretion. 3.Contractor shall be responsible for any costs incurred by the City including, but not limited City staff's overtime hourly rate and any related costs, for any City approved work performed by the Contractor on weekends and/or holidays, which may require verification and inspection by City staff. City staff overtime costs shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $315/hr. Landscape/Parks Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $105/hr. 4.The Contractor shall have staff available by phone contact (not an answering service) including, but not limited to Contractor’s on-site supervisor(s) and irrigation technician(s), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to callouts, questions, and verification of schedules. Page 25 of 89 507 5.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 to carry out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 6.Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City a proposed maintenance schedule. The schedule shall include a list of all activities specified in the Scope of Work (Appendix B) by location, with respective days of the week and time of day said activities will be performed. After City approval, any revisions to the approved schedule must be authorized in writing by the City Representative. 7.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 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, contractor shall notify City within 24 hours of any vacancies at the supervisor and technician positions. 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.The irrigation technician shall remain on site for a minimum of forty (40) hours per week, except as required to obtain equipment and supplies necessary for regular irrigation maintenance activities, and to attend company meeting and events necessary during the normal course of business. Said technician shall only conduct work necessary for the maintenance, repair, and improvement of irrigation systems. 4.Contractor shall have an on-site supervisor(s) and irrigation technician(s) capable of communicating effectively both in written and oral English, at Page 26 of 89 508 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. 5.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. 6.Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor’s employee. 7.Contractor shall ensure all contractor owned vehicles are clearly marked with company name and phone number, in clean condition, and in good working condition while conducting maintenance operations in the City of Moorpark. 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 the City Representative. The quality and quantity of materials provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 1.All necessary fuel, oil, equipment, machinery, and parts. 2.All necessary pesticides, herbicides, insecticides, and rodenticides and all relevant licenses. 3.All necessary fertilizers and soil amendments. Page 27 of 89 509 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 manufacturer and model number, 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 if the contractor is negligent. The City shall be responsible for replacing any plant material that is damaged or destroyed as a result of acts of vandalism or theft. F.UNDERGROUND SERVICE ALERT SYSTEM (USA): Underground service alert systems (USA) must be notified a minimum of 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 to the City Representative. The cost of the repair, if required, will be at the Contractor’s expense. If damage occurs to any landscape material, irrigation system components, adjacent hardscape surfaces or other property, immediate repair or necessary replacement of the same shall be at the Contractor’s sole expense. H.ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of the restriction. Contractor shall also provide a copy of said notification to the 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 irrigation system components, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on Page 28 of 89 510 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 forty-eight (48) hours. If the Contractor fails to render proper repairs within 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 all streets, 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. Twenty four (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.Traffic control and detours conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be included in the Contract unit or lump sum prices paid for various items of work wherein traffic control and/or detours are required, without additional compensation. 4.Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirements or traffic control measures as described in these specifications. Page 29 of 89 511 K.ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. L.SUBCONTRACTORS: Contractor shall only use subcontractors in the performance of this Contract listed on the Subcontractor(s) form submitted with the bid documents. All subcontractors shall be licensed and shall only provide the services listed and licensed to perform. Any subcontractor not listed on the Subcontractors (2) form or any changes made to the subcontractors used by the Contractor during the term of the Contract, shall be approved in writing by the City Representative. 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 CAL OSHA standards 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 Representative immediately. 3.Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and laws 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 AND PUNCH LIST AND SCHEDULE: The Contractor shall accompany the City Representative on a, no less than weekly, inspection Page 30 of 89 512 tour of landscaped areas at a time specified by the City Representative. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative within twenty-four (24) hours of completing said inspection tour. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions, 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, is a daily service of the contract, or is otherwise stated herein. Contractor shall provide the City Representative 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 in Section O. If Contractor fails to repair or correct deficiencies within five (5) working days past the timeline approved by the City, or within one (1) working day for maintenance items scheduled on a daily occurrence, Contractor may be found in nonconformance with the Contract and City, at its discretion, may assess liquidated damages for each day the Contractor is found to be in nonconformance, or may take corrective action and complete said repairs utilizing other Contracted parties, or City workforce, at Contractor’s sole expense, plus 15% administrative fee. Such fees and expenses shall be deducted from Contractor’s invoice. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Report (Appendix E). 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 F). A separate report shall be prepared for each park location and shall identify the current irrigation schedule and station run times, any changes made to the irrigation schedule within the inspection period, any damages or repairs to the irrigation system and any other information requested by the City. 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 B). Weekly schedules (site specific) shall include but not be limited to: •Mowing/Edging •Irrigation Inspections •Weed Maintenance •Trimming Page 31 of 89 513 •Fertilization •Shrub and Ground Cover Maintenance •Pesticide Applications •Swales, Drains, and Catch Basins •Litter Control •Athletic Field Maintenance •Athletic Court Maintenance •Hardscape Areas •Parking Lots •Playgrounds •Trails, Walkways, and Pathways Any proposed changes to the schedule(s) during the terms of this contract including days, times, and frequencies shall be submitted to the City Representative for prior review and approval. O.DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to perform the services described herein, adhere to the service schedule, service the irrigation system, or perform required services and/or repairs, will be considered a deficiency. It is agreed that said deficiencies will result in damage to the 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 correction of the work not performed or performed improperly by the Contractor, in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each incident at each separate location, for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. Should Contractor fail to correct deficiencies within five (5) working days, City reserves the right to utilize other Contracted parties to correct deficiencies caused by Contractor’s failure to fulfill contract terms. As further described herein, such cost incurred by City shall be deducted from the Contractor's monthly payments. P. CIT Y’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 Page 32 of 89 514 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. Q.CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities in the performance of this contract 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. Contractor’s maintenance vehicles exterior paint and vehicle body shall be kept clean, new in appearance and in a generally well maintained condition. R.WORK BY CITY FORCES OR OTHER CONTRACTED PARTIES 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 take corrective action. Such action shall be billed to the Contractor for each callout, plus actual time spent on the repairs. Any costs incurred by the City for corrective action performed by other Contracted parties or City staff shall be deducted from Contractor’s monthly invoice, plus a 15% administrative fee. It also should be noted that there is a minimum two (2) hour charge for labor on any callout performed by City staff. 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. City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Senior Maintenance Worker: $120/hr. Maintenance Worker III: $105/hr. S.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. Page 33 of 89 515 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 standard 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. T. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at a City park or other City property shall only be allowed with prior written approval 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 this contract applies to such storage U. 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 systems, or other improvements observed or found by Contractor’s employees, regardless of the cause. 2. Damage caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. V. 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 Page 34 of 89 516 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 and have his work force available to assist the City with emergency operations as needed. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 4. The Contractor shall not remove his work force from the job site without written approval from the City Representative. 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. W. 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 solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract in any City provided bin. If requested by the City, Contractor shall make every effort to estimate tonnage disposed. 2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris shall be disposed in the bin and not allowed to accumulate on the floor of the enclosure. If a bin is full and will not accommodate additional debris, Contractor shall notify City immediately and depose of remaining debris in an alternative City bin. Bin lids shall remain closed. Trash enclosure gates shall be closed and locked when the Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash enclosures shall be immediately reported to the City Representative whenever observed by Contractor. Page 35 of 89 517 X.KEY CONTROL 1.Contractor shall be responsible for assigned keys, and shall be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. 2.Contractor agrees not to duplicate any keys 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. 3.Contractor shall immediately report all lost or stolen keys to the City Representative. 4.Upon expiration, cancellation or termination of this Contract, all keys received by the Contractor shall be returned to the City. 5.Contractor shall reimburse the City all costs and expenses as determined by the City for any key or lock replacements, due to contractor’s negligence. Such costs shall be deducted from any payments due or to become due to contractor and may include the costs to replace padlocks, re-keying door locks, and shall include staff time and 15% administration fee, if deemed necessary by City to secure and protect City properties and facilities. Y.PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its “as is” condition with the intent to perform maintenance services according to Contract specifications. Z.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 Page 36 of 89 518 condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The City Representative shall be immediately notified of any potentially unsafe or hazardous condition found by the Contractor. Page 37 of 89 519 APPENDIX C SCOPE OF WORK A.MOWING: 1.Mowing equipment shall be a power-driven reel-type equipped with rollers or a rotary-type deck mower and shall be configured so that the outer edges of the mower blades are covered with protective guards in accordance with manufacturer’s design specification. Mowing activity shall leave no signs of visible clippings on turf and shall be in alternating patterns. Blades shall be kept sharp at all times. 2.Turf 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 such material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds and re- seed bare areas caused by such damage. Turf seed shall be identical to the existing turf type or as determined by City representative. 3.Turf shall be mowed to the cutting heights or methods as follows: Turf type Cool Season: Month June through September October through May Height / Method 3” reel or rotary 2” reel or rotary Warm Season: Year Round 2 ½” reel or rotary 4.Turf shall be mowed on the following schedule: Month Frequency November through February Every other week March through October Weekly 5.Turf mowing at each park location shall be completed in one day and shall be completed per the City approved mowing schedule submitted by the Contractor. B.EDGING AND TRIMMING: 1.Mechanical type edging includes walkways, sidewalks, parking lots, driveways, curbs, tree wells, and shrub and groundcover beds, and shall be performed concurrently with mowing at each location. Page 38 of 89 520 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, centered on the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Trees damaged from the Contractor’s edging practices shall be replaced by the 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 and free of accumulated grass clippings, dirt and other debris upon completion of each mowing operation. Grass clippings shall be removed on days mowed and shall not be left 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 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 G, H and Appendix A, Section M. C. TURF FERTILIZATION: 1. One month 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/park. The contractor shall provide invoices or other documentation to verify fertilizer quantity purchased upon request from the City Representative. 2. Prior to turf fertilization, contractor shall coordinate with City Representative to ensure there are no scheduled uses of the turf areas. Contractor shall install signs or other means of notification, to the satisfaction of the City Representative, notifying the public to stay off turf until signs are removed. Page 39 of 89 521 3. 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, application shall be made with a fertilizer formulation of 16-6-8 with Trimec in order to control annual broadleaf weeds. This application shall be made in accordance with manufacturer recommendations that supersede the following sections of 4a and 4b. The first week of August, and October, application of a 16-6-8 with 18% sulfur and 1% iron pelleted type fertilizer, or equal formula as approved by the City. The Contractor shall broadcast the above fertilizer at the rate of six (6) pounds per 1,000 square feet of turf area and in accordance with ratios within the manufacturer’s recommendation. 4. 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 completed in sections, in accordance with the area covered by the automatic irrigation controllers, so that the soil may be thoroughly irrigated immediately after the fertilizer is broadcast. 5. All fertilizer applications shall be completed by equipment with a minimum fifty-pound capacity. D. SHRUB AND GROUND COVER FERTILIZATION: 1. One month 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/park. The contractor shall provide invoices or other documentation to verify fertilizer quantity purchased upon request from the City Representative. 2. Shrub and ground cover areas shall be fertilized the first week of April. Prior to shrub fertilization Contractor shall contact the City of Moorpark Representative and provide written verification of approved fertilize formulation and total amount to be applied per site prior to application. Shrub formulation and at the application rates are as follows: Ground cover and shrub fertilization shall be accomplished with a 15-15- 15 pelleted type fertilizer containing no less than 8% sulfur. Fertilization shall be applied evenly at a rate of eight (8) pounds per one thousand Page 40 of 89 522 (1,000) square feet. The area shall be deep-watered immediately following the fertilizer application. 3.Contractor shall submit a written schedule to the City Representative for written approval prior to application. E.MAINTENANCE OF SHRUBS, PERENNIALS, VINES, AND GROUND COVER AREAS (PLANTERS): 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 the preferred method. 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. 1.All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning as needed in order to preserve the aesthetic value of the plant. Aggressive cut back trimming or “dead heading” to increase density and promote plant health shall be performed no less than once annually or more frequently as determined by the City representative. 2.All perennials and ornamental grasses shall be cut down to 2 -4 inches above ground level annually per City approval. At no time shall ornamental grasses be trimmed into unnatural growth patterns or “balled”. 3.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. Con tractor shall selectively hand prune to remove dead plant material. Contractor shall replace any shrubs or perennials at contractor’s sole cost that have been hedged or cut down. 4.Shrubs, ground covers, bare dirt and mulched areas shall be defined as “planters”. 5.Planters shall be cultivated and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. 6.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 as needed, as a regular Page 41 of 89 523 service requirement of this Contract. Weeds shall be removed manually, unless the Contractor has received prior written approval to utilize alternative means of weed control by the City Representative. 7. The use of Chemical weed control is not a guaranteed provision of this contract, and 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 and shall meet the requirements of Sections G, H and Appendix A, Section M. Contractor shall fill holes, knock down and grade gopher mounds and re- install groundcover in areas caused by such damage. Groundcover shall be identical to the existing groundcover type and reinstalled with flatted plant material or as otherwise directed by City Representative. 8. Shrubs shall be pruned monthly, or as often as necessary to provide a neat 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 City Representative. Pruning methods shall provide a natural shape. 9. Shrubs shall be maintained at a height no g reater than 36”, or as determined by City Representative, above the top of curb at designated areas to allow for traffic safety. 10. 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. 11. 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, or roadways, and shall be clear of private property fences and walls by minimum 10’, or as otherwise instructed by City Representative. 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. 12. Contractor shall trim to maximum 2” height all non-woody vegetation along the entire south slope at Arroyo Vista Community Park and shall clear all vegetation 10’ away from property fences, 30-days prior to July Page 42 of 89 524 3 each year. All trimmings, leaf litter, branches, dead plant material, and other miscellaneous debris shall be raked and removed from site. F. PLANTING IMPROVEMENTS: The City may complete projects to renovate parkways, medians, slopes , turf areas, and other landscape areas with drought tolerant plant material and drip irrigation, or other low water alternatives. Contractor shall be responsible to maintain affected planters to City standards by maintaining them free of weeds, debris and edging when necessary. As these planters 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: The Contractor shall be responsible for the maintenance and upkeep of trees. 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 twelve (12) feet. 1. Maintenance of Trees: Trimming and pruning shall be in accordance with the International Society of Arboriculture (ISA) standards, the standards and practices acceptable to the City and shall be 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. 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. Parking lot trees shall have no branches lower than eight (8), or as directed by the City Representative to provide proper line- of-sight for traffic movement. f. It is the Contractor’s sole responsibility to conform to trimming and pruning standards on all 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 Representative that replacement is required. Page 43 of 89 525 2.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 shall be removed without prior written approval from the City Representative. 3.Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a.Tree staking shall be performed in accordance ISA Standards. b.Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c.Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d.Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e.Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f.Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace missing guards 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. Page 44 of 89 526 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 valid Pest Control License (s), State Pest Control Advisor's License (s), and State Qualified Applicator's License (s) 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 G) 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), rodenticides (s) and/or insecticide (s) shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 3.Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds, and shall be completed using a boom sprayer application to insure uniform application in all areas possible. Chemical weed control in shrub and groundcover planting areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with ‘non-restricted’ commercial herbicide (s), as governed by the County of Ventura Agricultural Commissioner’s Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix G) 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 (s) is to be used, with the identification of the weed (s) to be controlled. Page 45 of 89 527 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.Prior to the application of any Chemical weed control, contractor shall coordinate with City Representative to ensure there are no scheduled uses of the areas being maintained. It is the Contractor’s responsibility to ensure compliance with all provisions of all Chemical weed control applications and to ensure areas remain safe to the public. At a minimum, contractor shall install signs or other means of notification, informing the public of said Chemical weed control and to stay away from the areas until signs are removed. 5.Disease and Harmful Pests: a.Inspections of landscaped areas shall be made daily for evidence of disease and harmful pests. b.If evidence of disease or harmful pests 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 pests are prevalent. 2)The contractor’s opinion of the type of disease or pest. 3)The contractor’s recommendation for control and elimination of the disease or pest. 6.Rodent Control: Rodent control at all locations shall be performed as a regular service requirement of this Contract to insure all areas are kept free of rodents. 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 wellbeing of all surrounding habitat in the areas to be treated. Contractor further agrees to follow the PCA’s Recommendation (s), and to advise the City of any known alternative methods for the control Page 46 of 89 528 and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. Contractor’s PCA shall meet with City Representative 24-hours prior to use of any rodenticides to review treatment locations, application methods, and general conformance with best practices. 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 shall provide verification of pest control activities within 5-days of notification by City. Failure of Contractor to perform pest control services within five (5) working days of notification by City Representative, shall result in Liquidated Damage. City reserves the right to assess Liquidated Damages or utilize other Contracted parties to correct deficiencies caused by Contractor’s failure to fulfill contract terms. As further described herein, such cost incurred by City shall be deducted from the Contractor's monthly payments. d.Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved in writing by City) if Contractor fails to implement effective pest control measure within 5-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 and shall follow the guidelines outlined by the County of Ventura Agricultural Commission’s Office. A written recommendation of proposed pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s) 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 fourteen (14) days prior to intended use. No work shall begin until written Page 47 of 89 529 approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2.All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioner’s Office. Records of all operations stating date and time treated, geographic location, field location, operator ID/permit number, operator’s name and address, application name and address, site treated, acres planted, acres treated, application method, U.S. EPA/California pesticide registration number of product applied, pesticide product name and manufacturer, total amount of product applied, and name and signature of person preparing report shall be made and retained in an active file for a minimum of two (2) years by the Contractor. Copies of Contractor’s pesticide training records shall be presented to the City within 24 hours of notice to produce such records. 3.Notification of Intent to spray or apply pesticides, herbicides, rodenticides and insecticides used by the Contractor on City property shall be submitted to the City Representative. The City Representative shall have access to all pesticide records upon request. The Contractor shall retain all records in accordance with Department of Agriculture regulations and requirements. 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 pesticide herbicides, rodenticides, and insecticides at any time and for any reason of justification as determined by the City Representative. J.MAINTENANCE OF IRRIGATION SYSTEMS: 1.The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic irrigation system components, with the exception of backflow protection devices. Contractor shall repair and/or replace as needed any irrigation system components, including irrigation systems within athletic fields, 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 Page 48 of 89 530 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 (contractor not responsible for replacement costs) *Plastic pipe *Remote control valves *Remote control valve wiring *Valve boxes and valve box covers *Batteries *Plastic pipe fittings *Galvanized steel pipe *Galvanized steel fittings *Main lines *Sprinkler heads *Sprinkler assemblies *Riser assemblies *Quick coupler valves *Hose bibs *Gate valves *Drip Irrigation Pipe and Components 3.Replacement of any item shall be with a new item of identical manufacturer and model number, 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. City shall be responsible for cost of the replacement irrigation controller equipment, 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 approve quality of backfill and compaction. 7.All drip line emitters, sub-surface drip line, standard drip line, polypropylene flex line, etc., shall be properly maintained and secured Page 49 of 89 531 or staked at or below grade to ensure system integrity, reduce trip hazards, and prevent unsightly appearance. 8.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). 9.Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, parking lots, recreation use areas, and areas designated for special events and programs. Special attention shall be given to the relationship of conditions that affect day and night watering. 10.Contractor shall prevent water from over-spraying onto walls, walkways, parking lots, streets and private property. For this purpose, the Contractor shall provide the necessary repair, replacement, and component adjustment as required of all sprinkler heads, nozzles, swing joints and pipe risers. In cases where irrigation system design features makes this impractical or impossible, the Contractor shall provide, at no cost to the City, a recommended plan of component changes and/or a cost estimate for installation of the changes needed for the purpose of mitigating the undesirable over-spray. 11.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. 12.Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. 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). Page 50 of 89 532 b.Plastic pipe fittings and connections shall be PVC Schedule 40, except risers, which shall be Schedule 80. c.If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type. 15.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. 16.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. 17.Irrigation Materials: a.All replacement materials are to be identical type, manufacturer and model number unless a substitute is approved in writing by the City Representative. b.Contractor shall maintain an adequate inventory of medium-to- high usage stock items for repair of the irrigation systems. c.Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d.All materials are to be new and identical to existing materials, per these specifications, unless otherwise approved in writing by the City Representative. 18.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 irrigation controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves, flow sensors, and electric pedestals. The Contractor’s irrigation technician shall have a minimum of four (4) years of experience at the technician level. 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 Page 51 of 89 533 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 A, 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 or 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. 1. Watering of Turf, Shrub and Ground Cover Areas: a. Watering of turf, shrub and groundcover areas shall be scheduled 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. 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, solar orientation, irrigation Page 52 of 89 534 components, and weather conditions when determining water requirements. Close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. All landscape and turf areas shall be irrigated as required to promote vigorous and healthy plant growth. d. The automatic irrigation controllers shall be set to water during the hours of 10:00 p.m. and 7:00 a.m., Monday through Thursday, unless park use prohibits this schedule, or the City Representative approves an alternative schedule in writing. No regularly scheduled irrigation shall be permitted Friday 9:00 a.m. through Sunday 10:00 p.m. Exception shall be directed by the City Landscape Representative in writing. e. Contractor shall make adjustments to sprinkler heads as required to minimize runoff onto sidewalks, and streets. f. 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. g. Contractor shall be responsible to report new trees, shrubs ground cover and turf (up through the sixth mowing), to the City representative to make or request watering adjustments. 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Vandalism or Theft Report: Contractor shall prepare a written vandalism or theft 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. A written report shall be submitted within one (1) business day to the City Representative. b. Irrigation Schedule and Maintenance Report: Contract shall prepare a weekly Irrigation Schedule and Maintenance Report (Appendix F) and submit a copy to the City Representative monthly. 3. Irrigation During Inclement Weather: Contractor shall adjust conventional and solar-powered irrigation controllers to the “OFF” or “RAIN PAUSE” function prior to actual inclement weather conditions when local weather reports forecast a 40% or greater chance of Page 53 of 89 535 inclement weather or as directed by the City Representative. The Contractor will be responsible to return controllers and timers to the “ON” position when directed by the City Representative. L.SWALES, DRAINS AND CATCH BASINS: 1.Contractor shall maintain all swales, drains and catch basins on a weekly basis. The drains and catch basins within the Poindexter Park Skate Park shall be inspected daily during periods of inclement weather to insure operable flow. Maintenance operations shall insure that swales and drains are maintained free of sand, mud, rocks, leaves, mulch, tree limbs, and miscellaneous debris at all times. 2.Drains and collection boxes shall be inspected weekly, and 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.Filter fabric (where present) under drain grates shall be maintained by Contractor and replaced as needed at Contractor’s sole expense. M.DRINKING FOUNTAIN AND WATER FEATURE MAINTENANCE: 1 Contractor shall inspect, clean and disinfect entire fixtures daily. 2.Leaking fixtures shall be turned off immediately upon detection and reported to the City Representative for repair by City. 3.Clogged or stopped-up valves or drains shall be unclogged by the Contractor, and immediately reported to the City Representative. 4.Drinking fountain on/off “buttons” shall be tested daily to insure that normal operation and water pressure is available for drinking. Any damage, malfunctions, etc., shall be reported immediately to City Representative. N.LITTER CONTROL: 1.Contractor shall provide litter removal services on a daily basis. This shall include, but not limited to, the removal of litter, paper, rocks, glass, trash, leaves, fallen tree branches, and other miscellaneous debris. Litter removal shall be completed daily in all park areas including, but not limited to, hardscape surfaces, developed and undeveloped areas, walkways, trails, parking lots, roadways, along fence lines, landscape Page 54 of 89 536 areas, steps, planters, drains, catch basins, parking lots, turf areas, playgrounds and all slopes, from the toe-of-slope to the top-of-slope. 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 pick up should be done as early as possible. Litter pick up shall be completed in all park sites by 10:00a.m. daily. 4.Litter picked up on site shall be placed in City supplied refuse bins and not in public use trash containers. O.TRASH, RECYCLING AND MUTT-MITT RECEPTACLES 1.Trash and recycling receptacles in City parks, 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.Trash receptacles located inside the boundaries of and directly adjacent to College View Dog Park shall be emptied every day. Liners shall be provided by the contractor and replaced no less than daily. 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. 3.Park trash, recycling and Mutt-Mitt receptacles shall be cleaned as needed or as requested by the City Representative, but no less than weekly. P.TRASH, RECYCLING AND GREEN WASTE BINS 1.A designated trash, recycling and green waste bin will be provided by City, and located at locations determined by the City. 2.Contactor shall not dispose of any solid waste refuse, recyclables or green waste in bins provided by the City that is not generated as part of this Contact. Page 55 of 89 537 3.When provided by the City, waste and recycling bins shall be stored in enclosures. Contractor shall be responsible for cleaning trash bin enclosures of all trash and remove accumulated debris to provide a surface that is clean of foreign matter, green waste, and food spills on a daily basis. By the end of each work day, the trash bin enclosure gates shall be closed and locked. Q.RECREATIONAL/ATHLETIC FIELDS: 1.The Contractor shall visually inspect all athletic and recreational sports fields and related amenities minimum once daily. Contractor shall remove all litter, rocks, debris and other obstructions. 2.Contractor shall immediately report to the City Representative any conditions, which are below operable standards or where signs of damage, vandalism, and wear have occurred. This includes, but is not limited to, to, backstops, chain link fences, benches, bleachers, and light poles and fixtures. 3.Brick dust infields and decomposed granite areas (inclusive of designated paths and trails) shall be level and kept free of weeds, trash, surface ruts and debris. Contractor shall clean all bleachers, backstops, fencing, and dugout areas daily using an air broom and no less than twice a month using a pressure washer. Such work shall be performed before 11:30 a.m. 4.Contractor shall be responsible to remove graffiti that can be removed with an approved solvent. Such removal shall take place within two (2) hours of observance. The City will be responsible for all other graffiti and the Contractor shall be responsible for reporting said graffiti to City Representative immediately upon observance. R.HARDSCAPE SURFACES 1.All hardscape surfaces, such as sidewalks, steps, walkways, ramps, curb and gutters, access roads, parking lots and walls adjacent to or within City Parks, shall be kept clear of dirt, mud, trash, leaves, weeds and any other substances or miscellaneous debris which are either unsightly or unsafe. 2.The Contractor shall be responsible for weekly cleaning, sweeping, raking, or blowing of hardscape surfaces, parking lots, access roads, decomposed granite pathways/trails, and walkways adjacent to all park areas. Page 56 of 89 538 3.Decomposed granite (DG) pathways and/or trails shall be maintained daily to provide safe, clean, and stable accessible surfaces free of debris and potential hazards. Deviations, holes, erosion, soft spots, sloughs, damage caused by irrigation malfunctions, including all potential slip or trip hazards shall be repaired daily. Contractor shall make repairs and fill deviations with the same type and color DG containing stabilizer or an equal substitute DG product after review and approval by the City Representative. Repairs shall be properly compacted using water, tamper, vibrating plate, or other means/methods to achieve proper compaction. 4.Permeable concrete parking area located along that access road between parking lots B and C at Arroyo Vista Community Park shall be blown off daily and vacuumed quarterly, (no less than four (4) times per calendar year). S.PICNIC AREAS/SHELTERS: Daily Maintenance 1.Picnic tables, benches, concrete slabs, and trash containers shall be cleaned and sanitized daily, and pressure washed no less than twice a month. 2.Vandalism and damage observed to picnic tables, benches, concrete slabs, and trash containers shall be immediately reported to the City Representative upon detection. 3.Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed daily. Contractor shall ensure that burned charcoal and ashes are cool and safe to dispose of in refuse bins. 4.The entire picnic area, including shelters, shall be kept free of broken glass, cans, paper, leaves and litter. 5.Empty all trash containers. Contractor shall supply all trash receptacles with 1.5 mill or better liners at own expense. 6.Remove all tacks, tape, staples, strings, balloons, banners, etc., and other objects adhered to tables, benches, shelters, restrooms, and other picnic amenities. T.SAND PLAY AREAS / PLAYGROUND EQUIPMENT: 1.All playground sites and equipment shall be inspected and maintained at the start of each business day before 8:00 a.m. Monday through Friday. Page 57 of 89 539 Any signs of vandalism, damage, graffiti or potentially hazardous condition observed by Contractor shall be immediately reported to City Representative. 2.The entire playground area shall be cleaned and raked to a depth of 3” daily; sand and play areas installed with engineered wood fiber (EWF) shall be raked level. All foreign and hazardous materials shall be removed. All play areas shall be maintained free of weeds, leaves, litter, cans, broken glass, and other harmful and unsightly debris. 3.Special attention shall be made to low and "dished out" areas around play equipment and entry locations. These sand (or EWF) areas shall be leveled by providing equal distribution from high areas to low areas. 4.During the leveling and distribution of sand (or EWF), contractor shall insure that concrete footing are not exposed. Each footing shall be covered to provide minimum of 12” cover. 5.During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 6.Contractor shall report low sand (or EWF) and sand compaction immediately to the City Representative. The City shall provide additional sand or EWF as needed. 7.Rubber resilient surfaces (rubber matting) shall be cleaned with a leaf blower daily to remove sand, silt and other debris. Any cracks, tears, rips or holes shall be reported immediately to the City Representative upon detection. U.SWEEPING OF RECREATION HARD COURT AMENITIES: 1.Contractor shall sweep all hard courts including, but not limited to, basketball courts, roller hockey courts, skate park (tennis courts are addressed separately), and adjacent hardscape on a daily basis between 7:00 a.m. and 10:00 a.m. so as not to interfere with normal play activity. Court surface shall be dry and ready for play upon completion. Cleaning shall include but not be limited to sweeping, litter pick-up, cleaning of spills, spot washing with water as needed to keep court surface clean and ready for play. 2.Sweeping shall include the removal of all foreign objects from hard court areas including but not limited to dust, leaves, pine needles, rocks, dirt, liter, sand, food waste, gum, broken glass, etc. Page 58 of 89 540 3.Methods for sweeping of designed areas may require one or all of the following: a.Back pack blowers b.Vacuums c.Brooms d.Rakes 4.Supplemental hand sweeping may be necessary for corners and other areas inaccessible to power equipment. 5.Tennis Courts a.Tennis court shall be cleaned daily between 7:00 a.m. and 10:00 a.m. Daily cleaning shall include but not be limited to broom sweeping, litter pick- up, cleaning of spills, spot washing as needed to keep court surface clean and ready for play upon completion. b.In the event of inclement weather and upon the direction of the City, the Contractor may be directed to keep the tennis courts locked. V.GRAFFITI 1.Contractor shall inspect all parks for graffiti on a daily basis. Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and/or a police report prior to removal. The Contractor shall be responsible for removing graffiti that can be removed using a solvent specifically formulated for graffiti removal and approved for such use by the City within two (2) hours of detection. If graffiti cannot be removed with said solvent, Contractor shall immediately notify City Representative. The City shall be responsible for removal of graffiti th at cannot be removed by the City approved solvent. 2.Special attention shall be given to the following areas upon the Contractor’s first arrival to the designated work site: a.Facility marquee signs. b.Facility signage, such as parking and rule signs. c.Picnic areas, gazebos, patios, tables, and benches. d.Restrooms; complete inside and outside. e.Playground equipment. f.Drinking fountains. g.Hard court surface areas. (Excluding painted court surfaces) h.Exterior wall surfaces. Page 59 of 89 541 i. Concrete walkways and parking lots. j. Door surfaces. k. Curb and gutter in parking lots. l. Fences and block walls. m. Trash enclosures. n. Trash can receptacles. o. Stairs and hand rails. p. Bleachers. q. Softball field back stops 3. All materials and processes used in graffiti eradication shall not damage surfaces or areas adjacent to the graffiti abatement area. All graffiti removal solvents shall be approved by the City and shall meet CAL- O.S.H.A. requirements. 4. 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. 5. Contractor is not required to sandblast or paint graffiti. 6. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. W. SERANATA TRAIL (approximately 1.5 miles) 1. Contractor shall perform trail maintenance every other week. Trail maintenance shall include, but not limited to, removing trail ruts, removing all trash and litter visible from the trail, removing graffiti and reporting potential hazards to City Representative 2. Contractor shall remove all weeds from trail path and trim 2 feet to both sides of trail monthly. Page 60 of 89 542 APPENDIX D SCOPE OF WORK ADDITIVE ITEMS 1.All planters shall be replenished with mulch once per year to a depth of no less than two inches. All mulch shall be purchased by the City with no material cost to the Contractor. Mulch shall be picked up directly from the Moorpark Public Services Facility located at 627 Fitch Avenue. Contractor is responsible for loading mulch and delivering to each park location. Total quantity of mulch to be installed equates to roughly two-thousand cubic yards (2,000 cu. yds.) across all parks. Page 61 of 89 543 APPENDIX E PARK SITE DESCRIPTIONS AND LOCATION MAPS CITY PARKS SITE DESCRIPTIONS SIZE MAP 1. Arroyo Vista Community Park 4550 Tierra Rejada Road Located northeast of Moorpark High School. 69 Acres 1 2. Campus Park 14900 Harvard Street Located at the south end of Duke Street. 2.5 Acres 2 3. Campus Canyon Park 6970 Campus Canyon Drive Located at the corner of Collins Drive and Campus Canyon Drive. 5 Acres 3 4. Community Center Park 799 Moorpark Avenue Community Center Park. .75Acres 4 5. Country Trail Park 11701 ½ Mountain Trail Street Located on the north side of Mountain Trail Street, west of Arroyo West School. 8 Acres 5 6. College View Park (Griffin Park ) 15400 Campus Park Drive Located at the corner of Campus Park Drive and Collins Drive. 5.5 Acres 6 7. Glenwood Park 11800 Harvester Street Located on the south side of Harvester Street. 4.5 Acres 7 8. Magnolia Park 296 Magnolia Street Located on Charles Street and Magnolia Street 1 Acre 8 Page 62 of 89 544 9.Mammoth Highlands Park 7000 Elk Run Drive Located on the north side of Elk Run Drive. 6.9 Acres 9 10.Miller Park 4530 Miller Parkway Located on the east side of Miller Parkway. To include Serenata Trail. 6.5 Acres 10 11.Monte Vista Park 4200 Spring Road Located on the west side of Spring Road, north of Christian Barrett. 5 Acres 11 12.Mountain Meadows Park 12432 ½ Mountain Meadow Drive Located at the corner of Mountain Meadow Drive and Mountain Trail Court. 8 Acres 12 13.Peach Hill Park 13200 Peach Hill Road Located at the corner of Christian Barrett Road and Peach Hill Road. 10 Acres 13 14. Poindexter Park 500 Poindexter Avenue Located south of Poindexter Avenue, west of Chaparral School. Includes trees and tree wells in front of Chaparral School. 7.5 Acres 14 15.Tierra Rejada Park 11900 Mountain Trail Street Located at the southeast corner of Tierra Rejada Road and Mountain Trail Street, including street parkways. 8 Acres 15 16. Veterans Memorial 608 Spring Road Located at the corner of Flinn Avenue and Spring Road. .3 Acre 16 17.Virginia Colony Park 5600 Condor Place Located at the corner of Condor Drive and Virginia Colony. 1.5 Acres 17 Page 63 of 89 545 18.Villa Campesina Park 4704 Leta Yancy Road Located at the end of Leta Yancy Road. .5 Acre 18 19.Serenata Trail Miller Parkway Located on Miller Parkway with connection to Miller park n/a 19 20. Walnut Acres Park 161 2nd Street..3 Acre No Map Page 64 of 89 546 Page 65 of 89 547 Page 66 of 89 548 Page 67 of 89 549 Page 68 of 89 550 Page 69 of 89 551 Page 70 of 89 552 Page 71 of 89 553 Page 72 of 89 554 Page 73 of 89 555 90 Page 74 of 89 556 Page 75 of 89 557 Page 76 of 89 558 Page 77 of 89 559 Page 78 of 89 560 Page 79 of 89 561 Page 80 of 89 562 Page 81 of 89 563 Page 82 of 89 564 Page 83 of 89 565 APPENDIX F CITY OF MOORPARK CONTRACTOR WEEKLY INSPECTION REPORT Contractor: Month Park Name: Inspector: Retain document for 3 years after inspection Area Inspected 1 WEEK 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. Traffic Control 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 1 Required traffic control devices in- place 2 Encroachment permit at site and posted in vehicle Page 84 of 89 566 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.Playgrounds 1 Vandalism, damage, graffiti, or hazardous conditions identified 2 Play surface: Cleaned, raked to 5” depth min. and neatly groomed daily 3 Low spots and areas under ladders, climbers, slides, etc. leveled daily 4 Rubberized surface swept and clean of debris daily. J.Tennis Courts 1 Washed and cleaned daily K.Picnic Areas / Shelters 1 Tables, hardscape are cleaned, free of debris and sanitized daily 2 BBQ’s removed of coal, trash, debris daily L.Recreational / Athletic Fields 1 Free of litter, rocks, debris and/or obstructions 2 Brick dust leveled, low spots filled and free of weeds 3 Turf edged and maintained M.Restrooms 1 All fixtures, walls, floors, partitions, toilets, urinals, etc. are clean and disinfected daily Page 85 of 89 567 2 All restroom fixtures and hand dryers working 3 Restroom supplies restocked 4 Drinking fountains disinfected daily N.Trash and Recycling Receptacles 1 Emptied 50% full or weekly 2 Cleaned O.Trails 1 Trail ruts filled in, hazards removed and trash and debris removed 2 Weeds removed from trail Letter and Number Description of Deficiency Recorded Date Identified Date Corrected Notes: Inspector (signature): Inspector (printed name): Affix additional sheets as required. Retain document for three (3) years after inspection. Page 86 of 89 568 APPENDIX G CITY OF MOORPARK CONTRACTOR WEEKLY IRRIGATION INSPECTION REPORT Contractor: Date:______________________________ Park Name: Controller #:________________________ Inspector: 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 Page 87 of 89 569 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 Seasonal Percent Adjustment: ________% Station Run Times (minutes): 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____ 3 7____ 38____ 39____ 40____ 41____ 42____ 43____ 44____ 45____ 46____ 47____ 48____ Station Number Description of Deficiency Recorded Date Identified Date Corrected Notes: Inspector (signature): Inspector (printed name): Affix additional sheets as required. Page 88 of 89 570 APPENDIX H CITY OF MOORPARK CONTRACTOR’S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS Contractor (Permittee): Date: Park Name: Location: Proposed date (s) of application: Number of acres to be treated: Type of equipment to be used: Target pest(s): Dilution Rate: Applicator(s) Name(s): Registration No.: License No.: Ingredient(s): Antidote: Active: Inert: Environmental: Re-entry after spraying: (hours/minutes) Criteria/Reason/notifications: North . Identify Location of Adjacent Schools, Dwellings, Etc.: West [Treatment Area] East South Submitted By: Date: Page 89 of 89 571