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HomeMy WebLinkAboutAGENDA 2012 0613 CC SPC 6:50 PM ITEM 05A ITEM 5.A. iAty Council Meeting ACTION: MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Jeremy Laurentowski, Landscape and Parks Manager5� DATE: June 4, 2012 (CC Special Meeting of June 13, 2012) SUBJECT: Consider Awarding the Agreement for Park Landscape Maintenance Services to the Lowest Bidder, Mariposa Landscape Inc., Rejecting the Alternate Bid for Additional Fertilization at Arroyo Vista Community Park, and Authorizing the City Manager to Execute Agreement BACKGROUND On June 1, 2011, staff recommended awarding the bid for park landscape maintenance services to the second lowest bidder, Marina Landscape, Inc., and rejecting the apparent lowest bidder, Allison's New Leaf, Inc. DBA Tri Valley Landscape. Staff's recommendation was based on the opinion that the bid submitted by Tri Valley Landscape lacked the necessary references and experience as outlined in the bid documents and specifications. The City Council approved staff's recommendation and directed staff to re-bid the park landscape maintenance services contract for FY 2012/13. In addition, The City Council requested that staff revise the Competency section of the bid documents to include specific criteria that would illustrate the bidder's prior experience performing park landscape maintenance services. On April 18, 2012, the City Council approved the Park Landscape Maintenance Bid Documents and Specifications for the City's eighteen (18) parks and several natural walking trails and directed staff to solicit bid proposals from qualified contractors. The Bid Documents approved by the City Council included the following changes: 1. The park landscape maintenance bid documents and specifications were revised to include criteria that demonstrated the experience requirements of 1 Honorable City Council June 13, 2011 Page 2 prospective bidders. Staff recommended that population size, number of parks, total park acreage, number of parks with restrooms and total sports facility acreage should be the criteria that prospective bidders will need to meet to demonstrate competency. 2. Mowing was changed from twenty-four (24) times a year with the exception of Arroyo Vista Community Park, which is currently mowed forty-eight (48) times a year, to the following schedule: Turf shall be mowed no less than thirty-four (34) times per year at the following park locations: Arroyo Vista Community Park, Poindexter Park, Peach Hill Park, Mountain Meadows Park, Campus Canyon Park, Miller Park, Mammoth Highlands Park. Turf shall be mowed no less than twenty-four (24) times per year at the following locations: Campus Park, Community Center Park, Country Trail Park, College View Park, Glenwood Park, Magnolia Park, Tierra Rejada Park, Villa Campesina Park, Virginia Colony Park, Veteran's Memorial Park. 3. The fertilization schedule at Arroyo Vista Community Park was revised to include an Alternate Bid cost. The Alternate Bid was based on the fertilization schedule recommended by Guise and Associates, the turf consultant hired in 2011. Guise and Associates provided the City with a Turf Maintenance Plan based on the existing soil conditions, well water composition and overall turf use. 4. A minimum of seven (7) years' experience for the Contractor's onsite supervisor and irrigation technician was specified. A minimum experience level was not previously specified in the bid documents. The City Clerk advertised the Request for Proposals (RFP) for Park Landscape Maintenance Services on April 24, 2012 and staff held a mandatory pre-bid conference and park tour on May 9, 2012. Twelve (12) contractors attended the pre-bid conference and the City received nine (9) bid proposals prior to bid opening on May 30, 2012. The City Council is being asked to award a twelve (12) month contract, with an option for three (3) additional one year periods to the lowest bidder, Mariposa Landscape, Inc. for park landscape maintenance services. Staff has verified that the contractor has the required experience and possesses the necessary licenses as outlined in the bid documents and specifications. DISCUSSION 2 Honorable City Council June 13, 2011 Page 3 The current contract for park landscape maintenance services expires on June 30, 2012. As stated previously, the City received nine (9) bid proposals. The bid results are as follows: Bidder Total Annual Bid Amount Total Alternate Bid Mariposa $320,832.00 $3,360.00 Tropical Creations $321,252.00 $35,700.00 Azteca $333,309.00 $24,516.00 ValleyCrest $354,240.00 $371,520.00 Oakridge $359,604.00 $40,776.00 Venco Western $359,821.80 $96,252.00 Marina $390,038.64 $83,964.00 Merchants $416,556.00 $54,000.00 Parkwood $540,540.00 $134,280.00 The apparent lowest bid for park landscape maintenance services was submitted by Mariposa Landscape, Inc., at a total annual cost of $320,832.00. As part of the RFP, the City requested an Alternate Bid Amount for the turf fertilization program at Arroyo Vista Community Park (AVCP) as recommended by Guise and Associates, the turf consultant retained by the City in 2011. Staff recommends rejecting the alternate work and completing this work with in-house staff. Funding has been included in the FY 12/13 budget for the fertilization program at a lower cost, purchased directly through the distributer and installed by City staff. Mariposa Landscape, Inc., did submit an Alternate Bid amount for the fertilization program at AVCP for a total cost of $3,360.00 annually. Staff discussed the Alternate Bid submittal with Mariposa and discovered that an error was made by the contractor, as the amount submitted was their monthly cost, not annual cost. Staff anticipates that if the City attempted to hold Mariposa Landscape, Inc., to this amount, the contractor would pull their bid and forego their bid bond. Because staff does not recommend accepting the Alternate Bid, as the City can complete this work with City staff at a substantially lower cost, staff recommends awarding the contract to Mariposa Landscape, Inc., on the base bid and without the Alternate Bid work included. In addition, the bid submitted by Mariposa Landscape, Inc., ($320,832.00) represents an additional cost of $18,016 annually, as compared to the current contract with Marina Landscape, Inc. ($302,816.00). The increase in the overall annual cost is most likely due to the increase in the mowing schedule from 24 times a year to 34 times a year at the following park locations: Poindexter Park, Peach Hill Park, Mountain Meadows Park, Campus Canyon Park, Miller Park and Mammoth Highlands Park. The mowing schedule at these parks was increased 3 Honorable City Council June 13, 2011 Page 4 due the fact that these parks primarily consist of warm season turf types that tend to grow rapidly during the summer months. The irrigation systems at these parks did not function properly during the growing season of 2011 and 2012 due to the tall turf. Many turf areas became damaged due to lack of irrigation coverage or became flooded due to fact that the turf spray heads could not pop up above the turf height. Staff decreased the mowing at Arroyo Vista Community Park from 48 times a year to 34 times a year in an effort to offset an increase in mowing costs at the above mentioned parks. However, even though the overall acreage of the smaller parks is approximately 50% less than AVCP, the overall cost increase could be attributed to the fact that the cost per acre at smaller parks is most likely more. This is due to an increase in labor hours by utilizing smaller mowers, an increase in the amount of edging, and the costs associated with mobilizing equipment. Staff recommends awarding the contract for park landscape maintenance services to the lowest bidder, Mariposa Landscape, Inc. The Agreement between the City of Moorpark and Mariposa Landscape, Inc., includes a twelve (12) month agreement, July 1, 2012, through June 30, 2013, with a provision that would allow the City to extend the contract for three (3) additional one (1) year terms. FISCAL IMPACT The lowest bid for park landscape maintenance services submitted by Marina Landscape, Inc., in the amount of $320,832.00, represents an annual cost increase of $18,016. In addition, staff is recommending a 15% contingency for various landscape repairs and improvements, in the amount of $48,125.00, for a total annual cost of $368,957.00. Funding has been included in the FY 12/13 budget and no additional appropriation is being requested. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Reject the Alternate Bid for fertilization at Arroyo Vista Community Park; and 2. Award the contract for Parks Landscape Maintenance Services to the lowest bidder, Mariposa Landscape, Inc., in the amount of $368,957.00, and authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager and City Attorney. Attachment: 1. Agreement between the City of Moorpark and Mariposa Landscape, Inc. 4 ATTACHMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARIPOSA LANDSCAPE INC., FOR PARK LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT, is made and effective as of this day of 2012, between the City of Moorpark, a municipal corporation ("City") and Mariposa 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 park landscape maintenance services; 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, the City Council of the City of Moorpark, at a public meeting held on the 13th day of June, 2012, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall-be from July 1, 2012, and will expire on June 30, 2013, unless sooner terminated as provided hereinafter. Upon the mutual written consent of both parties, the term of this Agreement may be extended for three (3) additional one (1) year periods. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide landscape maintenance services related to various park properties, as set forth in Exhibits B, C, D and E: Contractor's Bid Proposal, dated May 30, 2012, which exhibits are attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibits B, C, D and E, attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits B, C, D and E. 5 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit E, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total value of three hundred twenty thousand eight hundred thirty-two dollars ($320,832.00) as stated in Exhibit E, except as may be mutually approved in writing to include a fifteen percent (15%) contingency in the amount of forty-eight thousand one hundred twenty-five dollars ($48,125.00) for a total amount of three hundred sixty-eight thousand nine hundred fifty-seven dollars ($368,957.00) without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to in this Agreement. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, 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 Terry Noriega, and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed three hundred twenty thousand eight hundred thirty-two dollars ($320,832.00) as stated in Exhibit E, except as may be mutually approved in writing to include a fifteen percent (15%) contingency in the amount of forty- eight thousand one hundred twenty-five dollars ($48,125.00) for a total amount of three hundred sixty-eight thousand nine hundred fifty-seven dollars ($368,957.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing through a Work Order or other written authorization approved by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to Page 2 of 15 6 by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 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. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 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 of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. 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, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate 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, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event 7 Page 3 of 15 that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. 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 its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension 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 hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect, and hold harmless City and its Project Contractors, and engineers, officers, agents, and employees ("Indemnitees") from and against any and all 8 Page 4 of 15 claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees, or subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous, unsafe, or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; b) Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; c) Any act, omission, or negligence of Contractor, its officers, agents, employees, or subcontractors; d) Any failure of Contractor, its officers, agents, or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and e) The conditions, operations, uses, occupations, acts, omissions, or negligence referred to in Subsections a, b, c, and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Subsections a, b, c, d, and e. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 9 Page 5 of 15 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here 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 Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of 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. 10 Page 6 of 15 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. 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 handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [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 Project 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 Project 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 Page 7 of 15 11 firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Terry Noriega Mariposa Landscape, Inc. 15529 Arrow Highway Irwindale, California 91706 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. 12 Page 8 of 15 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. ENTIRE AGREEMENT This Agreement contains 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. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, 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, Sections, and Exhibits hereof. 25. 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. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Page 9 of 15 13 Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibits B, C, D and E attached hereto and incorporated herein by this reference as though set forth in full. In the event of conflict, the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK MARIPOSA LANDSCAPE, INC. By: By: Steven Kueny, City Manager Terry Noriega, President Attest: Maureen Benson, City Clerk Page 10 of 15 14 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the 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 the requirements set forth here, it will be amended 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 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: 1. Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "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 shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. 15 Page 11 of 15 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no 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, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability 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. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 16 Page 12 of 15 endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 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 discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of 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, 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 City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, Page 13 of 15 17 provide the same minimum insurance coverage 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 Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. 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 on the project contemplated by this Agreement to self-insure its obligations to 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. 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all Page 14 of 15 18 subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or 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 all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to change City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Page 15 of 15 19 EXHIBIT 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 restroom facilities shall be cleaned and in operation no later than 8:00 a.m., Monday through Friday. With priorwritten approval,the contractor shall be allowed to begin maintenance services within the restroom facilities at 6:00 a.m., Monday through Friday. 3. Contractor shall be responsible for any costs incurred by the City including, but not limited City staffs 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): Park and Landscape Manager: $225/hr. Park/Landscape Maintenance Superintendent or Supervisor: $180/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 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. 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(Exhibit 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 20 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) full time landscape maintenance supervisor fully trained in all aspects of landscape maintenance and repair. Said supervisor shall have a minimum of seven (7) years of experience at the supervisory level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the supervisor's qualifications, for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the landscape maintenance supervisor position. 2. Contractor shall provide an on-site supervisor(s) and irrigation technician (s) capable of communicating effectively both in written and oral English, at all times during the term of the Contract. Any communication from the City to the Contractor's on-site supervisor(s) or irrigation technician (s) shall be deemed as delivered to the Contractor. 3. Contractor shall endeavor to maintain excellent public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and disturbance to the public. Work shall be performed by competent employees and supervised by a person(s) experienced in supervising landscape maintenance operations. 4. Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor's. C. COMMUNICATION/EMERGENCY RESPONSE: 1. Contractor shall have the ability to contact their field crews 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 minimum upon notification by City. 21 D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at Contractor's sole expense, shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance, as determined by the City Representative. The quality and quantity of materials provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides, herbicides, insecticides, and rodenticides and all relevant licenses. 3. All necessary fertilizers and soil amendments. 4. All custodial, restroom and trash container supplies, including trash can liners, restroom paper products, restroom hand soap if requested by City, 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 ALERT SYSTEM: Underground alert systems 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. 22 G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to the relevant utility company, as well as to the City Representative. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material, irrigation system components, adjacent hardscape surfaces or other property, immediate repair or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of the restriction. Contractor shall also provide a copy of said notification to the City Representative prior to commencing such work. I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as irrigation system components, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on 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 23 Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Traffic control and detours conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be included in the Contract unit or lump sum prices paid for various items of work wherein traffic control and/or detours are required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirements or traffic control measures as described in these specifications. 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 a 24 is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site, properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N. INSPECTION TOUR AND PUNCH LIST: 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 and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five (5) business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City 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 time line approved by the City, Contractor may be found in nonconformance with the Contract and City, at its discretion, may take corrective action at Contractor's sole expense, plus 15% administrative fee, and assessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Report (Exhibit 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 (Exhibit 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. O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to perform 25 the services described herein, adhere to the service schedule, service the irrigation system, perform required services and/or repairs, or reprogram each conventional controller weekly per local ETo data pursuant to this Contract, 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 performance of the work not performed or performed improperly by the Contractor, in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each incident at each separate location, for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over- usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. P. CITY'S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the course of this Contract, other activities and operations may be conducted by City work forces and other Contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, specialized pest control, construction, storm related operations, staging of police and fire for emergencies and disaster control, and a variety of recreation programs and special events. During said activities and operations the Contractor may be required to modify or curtail certain work tasks and normal maintenance operations, and shall promptly comply with any request thereof by the City. 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 BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances, these will be considered to be of an emergency nature and cause for the City make corrective repairs. Such work shall be billed to the Contractor for each callout, plus actual time spent on the repairs. It also should be noted that there is a minimum two (2) hour charge for labor on any callout. City staff hourly costs shall be assessed as follows (subject to change per current salary distribution): Park and Landscape Manager: $150/hr. Park/Landscape Maintenance Superintendent or Supervisor: $120/hr. 26 Maintenance Worker III: $70/hr. City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Park and Landscape Manager: $225/hr. Park/Landscape Maintenance Superintendent or Supervisor: $180/hr. Maintenance Worker III: $105/hr. S. EXTRA WORK: 1. The Contractor shall not have the exclusive right to perform extra work. Extra work may be performed by the Contractor at the discretion of the City, City forces, or by competitive bid at the sole discretion of the City. 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. 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. 27 2. Costs caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. V. PERFORMANCE DURING INCLEMENT WEATHER: 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Contractor shall reschedule and complete all maintenance activities that were not completed on the next available day that weather conditions permit such activities. 2. Failure to adjust the work force and demonstrate that adequate progress has been completed, or failure to reschedule maintenance activities, shall result in a deduction of payment to reflect only the work actually accomplished. 3. If weather conditions do not allow 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. 3. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative and received written approval. 4. The Contractor shall re-stake and re-tie trees as required, and continue to monitor trees during storm conditions. 5. The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. 6. Contractor shall adjust controllers and timers to the "OFF" position, which shall remain off until local "ETo" data indicates that conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor local "ETo" data to ensure that controllers and timers are activated at the appropriate time. W. CONTRACTOR DISPOSAURECYCLING 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 28 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 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 shall immediately report all lost or stolen keys to the City Representative. Contractor shall reimburse the City the cost as determined by the City for any key replacements. Such cost may include changing locks, if deemed necessary by City, to secure and protect City properties and facilities. 3. Upon expiration, cancellation or termination of this Contract, all keys received by the Contractor shall be returned to the City. 4. 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. 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: 29 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 immediately notified of any potentially unsafe or hazardous condition found by the Contractor. 30 EXHIBIT 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 3. Turf shall be mowed to the cutting heights or methods as follows: Turf type Month Height/method Bluegrass/Fescue: June through September 3" reel or rotary October through May 2" reel or rotary St. Augustine: Year Round 21/4" Bermuda: Year Round 4. Turf shall be mowed on the following schedule: a. Turf shall be mowed no less than thirty-four(34)times per year at the following park locations: Arroyo Vista Community Park, Poindexter Park, Peach Hill Park, Mountain Meadows Park, Campus Canyon Park, Miller Park, Mammoth Highlands Park. Month Frequency January through March Every other week April through October Weekly November through December Every other week b. Turf shall be mowed no less than twenty-four (24) times per year at 31 the following park locations: Campus Park, Community Center Park, Country Trail Park, College View Park, Glenwood Park, Magnolia Park, Tierra Rejada Park, Villa Campesina Park, Virginia Colony Park, Veterans Memorial Park. Month Frequency January through December Every other week 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 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 Y2 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 edges 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. 32 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 Exhibit 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. 2. Fertilization of turf grasses shall be accomplished four(4)times each year at the intervals and with the fertilizer formula described below: First week of January, April, August, and October, 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. Alternate Bid: Contractor shall provide an alternate bid amount for the fertilizer application at Arroyo Vista Community Park. Fertilizer shall be applied as follows: Months Fertilizer Application Rate *April (1 application) 15-0-15 w/Evade herbicide 8lbs./1,000 s.f. (or equal) *May (1 application) 20-20-20 w/Revolver 5lbs./1,000 s.f. herbicide (or equal) *January-December 38-0-0 5lbs./1,000 s.f. (5 applications) *Schedule shall be determined by the City Representative. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be completed in sections, in accordance with the area covered by the automatic irrigation controllers, so that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. 33 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. 2. Shrub and ground cover areas shall be fertilized the first week of April and September. 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. 3. Contractor shall submit a written schedule to the City Representative for written approval prior to application. E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS: The Contractor shall be responsible for trimming, weeding and the removal of leaves every other week 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 manicured appearance. 1. Shrub and ground cover areas shall be cultivated to a depth of (1") and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. Planters containing wood chips or bark mulch shall be confined within curbs and intended borders and replenished with wood chips or bark mulch supplied by the City, as requested by the City Representative. 2. Weeds, grasses and invasive plant species, as determined by the City Representative, shall be removed from all shrub and groundcover planting areas as a regular service requirement of this Contract. Weeds shall be removed manually, unless the Contractor has received priorwritten approval to utilize alternative means of weed control by the City Representative. 3. Chemical weed control shall only be permitted with prior written approval by the City Representative. All chemicals utilized shall be `non-restricted' and approved by the County of Ventura Agricultural Commission's Office and shall meet the requirements of Sections G, H and Exhibit A, Section M. 34 4. 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. F. MAINTENANCE OF TREES AND SHRUBS: The Contractor shall be responsible for the maintenance and upkeep of shrubs and 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 eight(8) feet. 1. Maintenance of Trees and Shrubs: 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 six (6) feet from top of curb, or as directed by the City Representative to provide proper line-of-sight for traffic movement. f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Trimming shall not be excessive and shall be limited to no more than 10% of the overall size of the plant material, unless otherwise directed by the City Representative. Pruning methods shall provide a natural shape. g. Shrubs shall be maintained at a height no greater than 1 Y2 feet from top of curb at designated areas to allow for traffic safety, per standard plans. h. 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 and shrubs damaged by Contractor's pruning operations, if so determined by the 35 City Representative that replacement is required. 2. Tree/Shrub Replacement: Any tree or shrub badly damaged and in need of possible replacement shall be brought to the attention of the City Representative. The City Representative shall determine if the tree or shrub shall be removed and/or replaced. No tree or shrub shall be removed without prior written approval from the City Representative. 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. G. 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. 36 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 (Exhibit 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. 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 (Exhibit 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. b. That the herbicide has no harmful effect upon desirable plant materials. 37 C. That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4. Disease and Harmful Insects: a. Inspections of landscaped areas shall be made daily for evidence of disease and harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s) where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 5. Rodent Control: 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 and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. In no instance shall the Contractor, Contractor's Pest Control Advisor or Contractor's Pest Control Operator recommend or apply any anticoagulant rodenticides. b. The Contractor shall be responsible for implementing the rodent control practices approved in writing by the City's Representative. 38 The contractor may use the subcontractor identified in the bid documents, at the Contractor's sole cost. An alternate subcontracted commercial pest control company, hired at the Contractor's sole cost, may be approved with prior written approval by the City's Representative. C. Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved in writing by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. H. 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 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 39 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. I. MAINTENANCE OF AUTOMATIC IRRIGATION SYSTEM: 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 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. Contractor shall submit to the City a written vandalism report, in a format approved by the City, for any claims of irrigation system damage due to vandalism. Contractor shall not make repairs without prior written approval. 2. The Contractor shall be responsible for the cleaning, repairing, adjusting and replacement of all items, at its sole cost, listed in the succeeding paragraphs in addition to the following: • Irrigation Controllers (exception necessary replacement) • Plastic pipe • Remote control valves • Remote control valve wiring • Valve boxes and valve box covers • Batteries • Plastic pipe fittings • Galvanized steel pipe • Galvanized steel fittings • Main lines • Sprinkler heads • Sprinkler assemblies • Riser assemblies • Quick coupler valves • Hose bibs • Gate valves 40 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 weekly at all locations, while water is on. Any part of the system not functioning normally shall immediately be cleaned, adjusted, repaired or replaced as needed to restore the system to normal operation. This shall also apply in times of service failure for any reason. 5. At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. 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. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones (as directed by the City). 8. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, 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. 9. 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. 10. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within one (1) hour of detection, shall be immediately reported to the City, and provisions made by Contractor to complete said repair prior to the close of the next regular business day. Additional time may be granted in writing, at the sole discretion of the City Representative. 41 11. Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. 12. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation. 13. At the request of the City, Contractor shall identify and mark the location of sprinkler heads with provided flags, at no additional cost to City, to assist with improvement projects. 14. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control valve wiring: a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). b. Plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. C. If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 15. 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. 42 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 landscape irrigation system operations, maintenance, adjustment, repair and replacement. This is to include, but not limited to, diagnosis and repair of controllers (motors, switches and fuses), valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. The Contractor's irrigation technician shall have a minimum of seven (7) years of experience at the technician level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician's qualifications, for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in Exhibit 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 and as directed by the City Representative. J. IRRIGATING AREAS: It shall be the responsibility of Contractor to maintain, operate, and adjust watering schedules to weekly local evapotranspiration (ETo) weather station reports as specified below, or as otherwise directed by City Representative, including but not limited to adjusting irrigation controllers and timers. 43 1. Watering of Turf, Shrub and Ground Cover Areas: a. Watering of turf, shrub and groundcover areas shall be scheduled pursuant to local evapotranspiration (ETo) data or by the City's Central Irrigation Management System. The Contractor shall utilize local ETo data to manually program the automatic irrigation controllers. Current local ETo data can be found at www.foxcanyongma.org . b. The automatic irrigation controllers shall be set to accommodate local ETo data. Failure to set irrigation schedules based on local ETo data, or scheduling the controllers such that the soil conditions have reached the point of over-saturation, shall result in liquidated damages. C. Contractor shall be responsible for the programming of the 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. d. Programming and scheduling of the City's Central Irrigation Management System shall be the responsibility of the City. Contractor shall manually turn on the system to check irrigation coverage and irrigation system components for conformance to this contract as described herein. Contractor shall not make any adjustments to the Central Irrigation System. e. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor shall consider the variation in size of plants, roots, soil, irrigation components and weather conditions when making water determination requirements. Extremely close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. All landscape and turf areas shall be irrigated as required to promote vigorous and healthy plant growth. f. Contractor shall furnish the necessary labor to provide watering of all turf and landscape areas. g. 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 directs an alternative schedule in writing. No regularly scheduled irrigation shall be permitted Friday 9:00 a.m. through Sunday 10:00 p.m. 44 Exception to the above shall be directed by the City Landscape Representative in writing. h. Contractor shall make adjustments to the irrigation schedule as required to minimize runoff onto sidewalks, and streets. i. Over-watering, which is represented by excessive run-off, over saturation, or high use rates caused by the Contractor's negligence, shall result in liquidated damages and the cost of water incurred by City j. New turf(up through the sixth mowing) shall be watered immediately after mowing. Well-established turf shall not be watered for at least four (4) hours after mowing. 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Irrigation Controller Program Log: To be submitted to the City Representative within one business day of an irrigation program schedule that is not pursuant to local ETo data. b. Vandalism Report: Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s) or component(s) damaged or stolen, and the number of components involved. A written report shall be submitted within one (1) business day to the City Representative. C. Irrigation Schedule and Maintenance Report: Contract shall prepare a weekly Irrigation Schedule and Maintenance Report(Exhibit F)and submit a copy to the City Representative monthly. 8. Irrigation During Inclement Weather: Contractor shall adjust irrigation controllers to the"OFF" position prior to actual inclement weather conditions and when local weather reports forecast a 40% or greater chance of inclement weather or as directed by the City Representative. The Contractor will be responsible to return controllers and timers to the"ON" position when "ETo" indicates conditions are appropriate. K. 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 45 are maintained free of sand, mud, rocks and miscellaneous debris at all times so that water will have an unimpeded passage to its outlet. 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. L. 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 valves shall be tested daily to insure that normal operation and water pressure is available for drinking, and immediately report any pressure problems to City Representative. M. 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, 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, parking lots, roadways, along fence lines, landscape 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 pickup shall be completed as early in the day as possible, but in no event later than 10:00 a.m. 4. Litter shall be removed from hiking trails and on either side of pathways. 46 5. Litter picked up on site shall be placed in City supplied refuse bins and not in public use trash containers. N. TRASH, RECYCLING AND MUTT-MITT RECEPTACLES 1. Trash and recycling receptacles in City parks, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be black in color and 1.5 mill 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. Mutt-Mitt receptacles located at College View Dog park shall be emptied every day. Liners shall be replaced no less than weekly and shall be black in color and 1.5 mill 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 monthly. O. TRASH, RECYCLING AND GREEN WASTE BINS 1. A designated trash, recycling and green waste bin will be provided by City, and located at locations determined by the City. 2. Contactor shall not dispose of any solid waste refuse, recyclables or green waste in bins provided by the City that is not generated as part of this Contact. 3. When provided by the City, waste and recycling bins shall be stored in enclosures. Contractor shall be responsible for cleaning trash bin enclosures of all trash and remove accumulated debris to provide a surface that is clean of foreign matter, green waste, and food spills on a daily basis. By the end of each work day, the trash bin enclosure gates shall be closed and locked. P. RESTROOM MAINTENANCE: Parks restrooms shall be opened, cleaned and sanitized thoroughly on a daily basis Monday through Friday. Any equipment that has been vandalized or is in need of repair or any graffiti observed, shall be immediately reported to the City Representative. All restroom facilities shall be cleaned and in operation no later than 8:00 a.m. each day. Contractor shall open restrooms as early as 7:00 a.m. if requested by City. Upon opening, restroom doors shall be locked in the open position. If lock is not operable, Contractor shall notify City Representative immediately. 47 The restrooms shall be provided with all necessary supplies to keep restrooms operational, Monday through Friday, including restroom hand soap (if soap dispensers are provided by City), paper towels (if towels dispensers are provided by the City), and toilet paper, by the Contractor, at Contractor's cost. City shall reserve the right to approve the quality of the supplies used. All litter containers located inside or adjacent to the restroom shall be emptied daily. City will be responsible for restroom supplies used on Saturday, Sunday and approved holidays. During inclement weather and upon the direction of the City Representative, Contractor may be instructed to keep restrooms locked. The Contractor is responsible for daily cleaning or service of each item listed.. 1. Pick up and disposal of litter in and around restroom facility. 2. Empty trash receptacles and replace liner(s) with 1.5 mill or better. 3. Sweep floor. 4. Clean walls and ceiling with a disinfectant detergent. This includes the and grout. 5. Wash and disinfect partitions. 6. Remove graffiti with a City approved graffiti remover. If graffiti cannot be removed with said cleaner, Contractor shall notify the City Representative within one (1) hour of determination. 7. Clean sinks with a disinfectant detergent. 8. Clean mirrors. 9. Clean and disinfect urinals. 10. Clean and disinfect toilets. 11. Restock toilet paper, with a 2-ply tissue and paper towels with white multifold 9.1/5"x 9.2/5", as approved by the City Representative. 12. Wet mop/hose the entire floor surface using an approved detergent disinfectant. Dry the floor with a dry mop before opening to the public. 13. Remove any offensive odors. 14. Any acts of vandalism or theft shall be immediately reported to the City 48 Representative. 15. Contractor shall lock restroom during periods of inclement(rain)weather, as directed by the City Representative. Contractor shall open restrooms as weather conditions allow, per the direction of the City Representative. 16. Contractor shall report all water leaks immediately upon discovery, and make every attempt possible to shut water off in such a way that will isolate the leaking fixture until repairs can be completed by City. 17. Contractor shall report all electrical problems, such as damaged building security lights, non-operable hand dryers, etc., to the City Representative immediately upon discovery. 18. Remove spitballs, cobwebs, and other foreign materials form doors, wall, ceilings, partitions, vents, etc. 18. When restroom fixtures (i.e. toilets, sinks, urinals, etc) are determined to be inoperable, Contractor shall cover said fixture with a black plastic trash can liner, tape close the edges, and immediately notify the City Representative. 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 and dugout areas daily using an air broom. 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 49 1. All hardscape surfaces, such as sidewalks, steps, walkways, ramps, curb. and gutters, access roads and walls adjacent to or within City Parks, shall be kept clear of dirt, mud, trash, weeds and any other substances which are either unsightly or unsafe. 2. The.Contractor shall be responsible for weekly sweeping or blowing of hardscape surfaces, parking lots, access roads and walkways adjacent to all park areas. 3. Patios, sidewalks, walkways, parking lots, access roads and entry points at Arroyo Vista Recreation Center facilities shall be kept clean and clear of all hazards and debris. S. PICNIC AREAS/SHELTERS: Daily Maintenance 1. Picnic tables, benches, concrete slabs, and trash containers shall be cleaned and sanitized. 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 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 at the start of each business day and 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. 50 2. The entire area shall be cleaned and neatly groomed daily; sand areas shall be raked to a depth of 5 inches and raked level. All foreign and hazardous materials shall be removed from sand and wood chip play lots. All play areas shall be maintained free of weeds, 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 wood chips) areas shall be leveled by providing equal distribution from high areas to low areas. 4. During the leveling and distribution of sand (or wood chips), 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 wood chips and sand compaction immediately to the City Representative. The City shall provide additional sand or wood chips 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, 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 following: a. Back pack blowers b. Vacuums c. Brooms d. Rakes 51 4. Supplemental hand sweeping may be necessary for corners and other areas inaccessible to power equipment. 5. Tennis Courts a. Tennis court gates shall be unlocked and opened by 7 a.m. and courts 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. 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. 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. i. Concrete walkways and parking lots. j. Door surfaces. k. Curb and gutter in parking lots. I. Fences and block walls. m. Trash enclosures. n. Trash can receptacles. 52 o. Stairs and hand rails. p. Bleachers. q. Softball field back stops 2. 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. 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. 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 trash and litter, 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. 53 EXHIBIT D PARK SITE DESCRIPTIONS AND LOCATION MAPS CITY PARKS SITE DESCRIPTIONS SIZE MAP 1. Arroyo Vista Community Park 4550 Tierra Rejada Road 69 Acres A Located northeast of Moorpark High School. 2. Campus Park 14900 Harvard Street 2.5 Acres Located at the south end of Duke Street. D 3. Campus Canyon Park 6970 Campus Canyon Drive 5 Acres Located at the corner of Collins Drive and Campus D Canyon Drive. 4. Community Center Park 799 Moorpark Avenue .75Acres Community Center Park. C 5. Country Trail Park 11701 % Mountain Trail Street 8 Acres Located on the north side of Mountain Trail Street, A west of Arroyo West School. 6. College View Park (Griffin Park ) 15400 Campus Park Drive 5.5 Acres D Located at the corner of Campus Park Drive and Collins Drive. 7. Glenwood Park 4.5 Acres 11800 Harvester Street A Located on the south side of Harvester Street. 8. Magnolia Park 296 Magnolia Street 1 Acre P Located on Charles Street and Magnolia Street C 54 9. Mammoth Highlands Park 7000 Elk Run Drive 6.9 Acres C Located on the north side of Elk Run Drive. 10. Miller Park 4530 Miller Parkway 6.5 Acres Located on the east side of Miller Parkway. To B include Seranata Trail. 11. Monte Vista Park 4200 Spring Road 5 Acres Located on the west side of Spring Road, north of B Christian Barrett. 12. Mountain Meadows Park 12432 % Mountain Meadow Drive 8 Acres Located at the corner of Mountain Meadow Drive A and Mountain Trail Court. 13. Peach Hill Park 13200 Peach Hill Road 10 Acres Located at the corner of Christian Barrett Road and B Peach Hill Road. 14. Poindexter Park 500 Poindexter Avenue 7.5 Acres Located south of Poindexter Avenue, west of C Chaparral School 15. Tierra Rejada Park 11900 Mountain Trail Street 8 Acres Located at the southeast corner of Tierra Rejada A Road and Mountain Trail Street, including street parkways. 16. Veterans Memorial 608 Spring Road .3 Acre Located at the corner of Flinn Avenue and Spring C Road. 17. Virginia Colony Park 5600 Condor Place Located at the corner of Condor Drive and Virginia 1.5 Acres Colony. D 55 18. Villa Campesina Park 4704 Leta Yancy Road .5 Acre Located at the end of Leta Yancy Road. 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The City reserves the right to discontinue park landscape maintenance services at any of the locations listed, at any time. The Contractors monthly bid amount shall remain in effect at all other areas until the Agreement with City and Contractor has been terminated. The Contractor shall be notified in writing as to the date to commence park landscape maintenance services if it is different than July 1, 2012. 61