HomeMy WebLinkAboutAGENDA REPORT 2025 0604 CC REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 4, 2025
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
H. Consider Award of Agreement to Natural Green Landscape, Inc. for Landscape
Maintenance Services in Parks. Staff Recommendation: Approve Agreement with
Natural Green Landscape, Inc. and authorize the City Manager to execute the
Agreement, including future Amendments to extend the term and increase the
annual compensation as outlined in the Agreement, subject to final language
approval of the City Manager. (Staff: Jeremy Laurentowski, Parks and
Recreation Director)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Leland Baxter, Parks and Facilities Supervisor
DATE: 06/04/2025 Regular Meeting
SUBJECT: Consider Award of Agreement to Natural Green Landscape, Inc.
for Landscape Maintenance Services in Parks
SUMMARY
Staff requests that the City Council consider award of an Agreement with Natural Green
Landscape, Inc. (Natural Green) in the amount of $561,376.00 annually for landscape
maintenance services in City owned parks.
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 (AD) 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.
DISCUSSION
On June 24, 2024, the City Council approved an Agreement with Parkwood Landscape
Maintenance, Inc. (Parkwood) for landscape maintenance services in the City parks. The
contract had an initial term ending June 30, 2025. With the current contract for parks
Item: 10.H.
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maintenance scheduled to expire at the end of June, on April 18, 2025, 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 April
30, 2025. The City received seven proposals by the due date of May 8, 2025. 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)
Natural Green Landscape, Inc. $488,376.00
EMTS, Inc. $527,891.76
Venco Western, Inc. $554,000.00
Parkwood Landscape, Inc. $615,326.40
Mariposa Landscapes, Inc. $646,440.00
Oakridge Landscape, Inc. $720,996.00
SGD Enterprises $754,800.00
Additionally, the RFP included an Additive Bid item to spread approximately 1,800 cubic
yards of mulch in all the City parks annually. Historically, the City contracted with the
Ventura County Probation Agency (VCPA) to complete this work. However, in 2022 the
Work Program was modified with significant changes. 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 contract for the Work Program. In 2024, the contract with Parkwood included the
Additive Bid item to spread mulch at a cost of $7,200/year. However, the current Additive
Bid item to spread mulch submitted by Natural Green is $80,000/year, which is an increase
of $72,800. Staff believes this Additive Bid item is not cost effective and recommends
rejecting this cost in the proposed Agreement with Natural Green. Staff will prepare a
separate RFP for this work at a later date in order to obtain competitive pricing.
The lowest bid was submitted by Natural Green. Staff determined they have the necessary
qualifications and experience to perform the required services. Staff recommends awarding
an Agreement to Natural Green for landscape maintenance services for the City parks in
the amount of $561,376 per year, which includes a base bid of $488,376, and an annual
contingency of $73,000 (equivalent to 15% of the base bid). 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 Natural
Green’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 $2,905,777.
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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 2025/26 Operating Budget includes $439,190 designated for
landscape maintenance services in Parks Division (541), Contractual Services (51000).
Natural Green’s annual cost for Parks landscape maintenance services is $488,376. A
budget amendment in the amount of $49,186 will be required. However, with adoption of
the proposed FY 2025/26 Operating Budget pending, staff will return to the City Council
at a later date to recommend approval of a budget amendment.
The proposed FY 2025/26 Operating Budget includes various funding amounts within the
Parks Division (541) Property Maintenance Services account at each park location to
cover additional or emergency services required of the contingency. No additional
appropriation is needed to cover contingency costs.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with Natural Green Landscape, Inc. and authorize the City Manager
to execute the Agreement, including future Amendments to extend the term and increase
the annual compensation as outlined in the Agreement, subject to final language approval
of the City Manager.
Attachment: Natural Green Landscape, Inc. Agreement
365
PUBLIC WORKS SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK
AND
NATURAL GREEN LANDSCAPE, INC, FOR LANDSCAPE MAINTENANCE
SERVICES - PARKS
THIS AGREEMENT, made and effective as of ____________________________,
is between the City of Moorpark, a municipal corporation (“City”) and Natural Green
Landscape, Inc., a corporation (“Contractor”). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for landscape maintenance services for 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 4, 2025, 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, 2025 and will expire on June
30, 2026 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 Exhibit C and Exhibit D.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of five hundred sixty-one thousand three hundred seventy-six dollars ($561,376)
annually, which includes an annual contingency of seventy-three thousand dollars
($73,000), without a written amendment to the agreement executed by both parties.
ATTACHMENT
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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 adjustment 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 (commencing with section 1720) of the California Labor
Code, including without limitation Labor Code section 1771 (a) 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 Gilbert Zaragoza Jr., 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.
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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 sixty-one thousand three hundred seventy-six dollars ($561,376) annually,
which includes an annual contingency of seventy-three thousand dollars ($73,000), 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 agreement
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.
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
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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 evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
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Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City, at
the Contractor’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and volunteers (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the operations
conducted by Contractor, including the City’s active or passive negligence, except for
such loss or damage arising from the sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Contractor’s performance of this Agreement, the
Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is entitled
to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any
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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.
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,
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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 section. 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 thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subcontractor. Contractor further
covenants that Contractor has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
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by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021
To: Gilbert Zaragoza Jr., Owner
Natural Green Landscape, Inc.
2909 Sherwin Avenue
Ventura, CA 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
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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.
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.
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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 NATURAL GREEN LANDSCAPE, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager Gilbert Zaragoza Jr., Owner
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
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 Rating. 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 coverage on ISO Business Auto Coverage form CA
00 01 10 13 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, combined single limit. 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. Contractor shall submit to City, along with certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its officers, agents, employees, and
volunteers.
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Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured first.
There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to the City for injury to employees
of Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review 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 officers,
officials, agents, employees, and volunteers, 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.All insurance coverage maintained or procured pursuant to this agreement shall
be endorsed to waive subrogation against the City, its officers, officials, agents,
employees, and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against
the City and shall require similar written express waivers and insurance clauses
from each of its subcontractors. Contractor shall submit to City, along with the
certificate of insurance, a waiver of subrogation endorsement in favor of City, its
officers, agents, employees, and volunteers.
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.
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6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at the City’s option.
8. Contractor agrees to oblige its insurance agent or broker and insurers to provide
the Agency with a thirty (30) day notice of cancellation (except for nonpayment for
which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage. If any of the Consultant’s insurers are unwilling to provide such
notice, then Consultant shall have the responsibility of notifying the Agency
immediately in the event of Consultant’s failure to renew any of the required
insurance coverages, or insurer’s cancellation or non-renewal.
9. Coverage provided by Contractor shall be primary and non-contributory and any
insurance of self-insurance procured or maintained by the City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for
the benefit of City before the City’s own insurance or self- insurance shall be called
upon to protect it as a named insured. Contractor shall submit to City, along with
the certificate of insurance, a primary and non-contributory endorsement in
favor of City, its officers, agents, employees, and volunteers.
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
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Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Contractor thirty (30)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in this specification applicable
to the renewing or new coverage must be provided to the City within five days of
the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its officers, officials, employees, volunteers, 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.
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19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE § 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 § 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with § 19100) of Part 2,
and Article 1.5 (commencing with § 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 § 7000) of Division 3 of the Business and Professions Code who has
entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the California
State University, the University of California, a city, including a charter city, county,
including a charter county, city and county, including a charter city and county, district,
special district, public authority, political subdivision, public corporation, or nonprofit
transit corporation wholly owned by a public agency and formed to carry out the purposes
of the public agency.
(B) “Public entity” shall not include the following:
(i)The Department of Water Resources as to any project under the jurisdiction
of that department.
(ii)The Department of Transportation as to any project under the jurisdiction
of that department.
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(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 §
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 § 7000) of Division 3 of the Business and Professions Code who
either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the
claim applies shall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion of
the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and a contractor may, by mutual agreement, extend the time period provided in this
subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the claim,
and the governing body does not meet within the 45 days or within the mutually agreed
to extension of time following receipt of a claim sent by registered mail or certified mail,
return receipt requested, the public entity shall have up to three days following the next
duly publicly noticed meeting of the governing body after the 45-day period, or extension,
expires to provide the claimant a written statement identifying the disputed portion and
the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. If the public entity fails
to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity
fails to respond to a claim issued pursuant to this section within the time prescribed, the
claimant may demand in writing an informal conference to meet and confer for settlement
of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or
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certified mail, return receipt requested, the public entity shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference,
if the claim or any portion of the claim remains in dispute, the public entity shall provide
the claimant a written statement identifying the portion of the claim that remains in dispute
and the portion that is undisputed. Any payment due on an undisputed portion of the claim
shall be processed and made within 60 days after the public entity issues its written
statement. Any disputed portion of the claim, as identified by the contractor in writing,
shall be submitted to nonbinding mediation, with the public entity and the claimant sharing
the associated costs equally. The public entity and claimant shall mutually agree to a
mediator within 10 business days after the disputed portion of the claim has been
identified in writing. If the parties cannot agree upon a mediator, each party shall select a
mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs
charged by its respective mediator in connection with the selection of the neutral
mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be
subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent
third party or board assists the parties in dispute resolution through negotiation or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation under
section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of this
section shall result in the claim being deemed rejected in its entirety. A claim that is denied
by reason of the public entity’s failure to have responded to a claim, or its failure to
otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at
7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against a public entity because privity of contract does not exist, the contractor may
present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor.
A subcontractor may request in writing, either on their own behalf or on behalf of a lower
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tier subcontractor, that the contractor present a claim for work which was performed by
the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The
subcontractor requesting that the claim be presented to the public entity shall furnish
reasonable documentation to support the claim. Within 45 days of receipt of this written
request, the contractor shall notify the subcontractor in writing as to whether the
contractor presented the claim to the public entity and, if the original contractor did not
present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications
for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a claim, the parties may mutually agree to
waive, in writing, mediation and proceed directly to the commencement of a civil action or
binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change
order, claim, and dispute resolution procedures and requirements in addition to the
provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or
grants available through a competitive application process, for the failure of an awardee
to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes
or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed
as of January 1, 2027, by its own provisions.)
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EXHIBIT C
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386
387
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 89 388
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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.
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APPENDIX B
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00
p.m. (“working hours”). 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.
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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 (20 hours/week)
on-site landscape maintenance supervisor, fully trained in all aspects
of landscape maintenance and repair, and a minimum of one (1) full
time (40 hours/week) 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. In
no way does the minimum hours specified in the contract relieve the
contractor of any responsibilities under this Agreement. It is the
contractor’s responsibility to increase the number of hours, or number of
trained staff, to meet the terms of the Agreement.
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
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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
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:
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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.
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.
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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
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
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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.
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
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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
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
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• Irrigation Inspections
• Weed Maintenance
• Trimming
• 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,
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specialized pest control, construction, storm related operations, staging of police
and fire for emergencies and disaster control, and a variety of recreation
programs and special events. During said activities and operations the
Contractor may be required to modify or curtail certain work tasks and normal
maintenance operations, and shall promptly comply with any request thereof by
the City.
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: $245/hr.
Parks and Landscape Manager: $180/hr.
Landscape/Parks Maintenance Superintendent: $150/hr.
Parks and Facilities Supervisor: $135/hr.
Senior Maintenance Worker: $90/hr.
Maintenance Worker III: $85/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: $135/hr.
Maintenance Worker III: $130/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
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City, City forces, or by competitive bid at the sole discretion of the City.
2. Additional work outside the performance requirements such as, but not
limited to, shrub and tree planting, renovation, and improvement, shall be
required on occasion.
3. The costs for such extra work shall be based on the fair market value of
supply and labor costs and shall be agreed to in a written proposal prior
to commencement of said work. Only those extra work items authorized
in writing on a City 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
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has been completed, or failure to reschedule maintenance activities, shall
result in a deduction of payment to reflect only the work actually
accomplished.
3. If weather conditions do not allow regular maintenance operations to
continue, the Contractor shall inform the City Representative 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.
X. KEY CONTROL
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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
condition(s) that renders any portion of the premises unsafe, as well as
any unsafe practices occurring thereon. The City Representative shall be
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immediately notified of any potentially unsafe or hazardous condition
found by the Contractor.
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APPENDIX C
SCOPE OF WORK
A. MOWING:
1. Mowing equipment shall be a power-driven reel-type equipped with rollers
or a rotary-type deck mower and shall be configured so that the outer
edges of the mower blades are covered with protective guards in
accordance with manufacturer’s design specification. Mowing activity
shall leave no signs of visible clippings on turf and shall be in alternating
patterns. Blades shall be kept sharp at all times.
2. Turf 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.
2. Sprinkler heads shall be kept free of grass to allow for proper operation
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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.
3. Fertilization of turf grasses shall be accomplished three (3) times each
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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
(1,000) square feet. The area shall be deep-watered immediately
following the fertilizer application.
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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. Contractor 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
service requirement of this Contract. Weeds shall be removed
manually.Use of a powered string trimmer to remove weeds in planters
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is prohibited. Weed removal is defined as the removal of all above ground
vegetation as well as the below ground root mass. Alternative means of
weed control shall only be completed with prior written approval by 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 greater 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
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clear all vegetation 10’ away from property fences, 30-days prior to July
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.
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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.
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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.
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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
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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
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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
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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
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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).
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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
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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
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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
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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
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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 receptacles, recycling receptacles, and Mutt-Mitt 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
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this Contact.
3. When provided by the City, waste and recycling bins shall be stored in
enclosures. Contractor shall be responsible for cleaning trash bin
enclosures of all trash and remove accumulated debris to provide a
surface that is clean of foreign matter, green waste, and food spills on a
daily basis. By the end of each work day, the trash bin enclosure gates
shall be closed and locked.
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.
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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
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the start of each business day before 8:00 a.m. Monday through Friday.
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.
3. Methods for sweeping of designed areas may require one or all of the
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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 that
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.
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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.
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APPENDIX D
Additive Items Scope of Work
B. MULCH INSTALLATION:
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.
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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
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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 Seranata 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
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18. Villa Campesina Park
4704 Leta Yancy Road
Located at the end of Leta Yancy Road.
.5 Acre
18
19. Seranata Trail
Miller Parkway
Located on Miller Parkway with connection to Miller
park
n/a
19
20. Walnut Acres Park
161 2nd St.
.3 Acre
No Map
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436
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437
99
438
100
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439
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441
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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
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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
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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.
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APPENDIX G
CITY OF MOORPARK
CONTRACTOR’S 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
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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____ 37____ 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.
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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:
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