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AGENDA REPORT 2011 0406 CC REG ITEM 09C
ITEM 9.C. City Council Meetin4 of _= 61/_ 4cTInN — MOORPARK CITY COUNCIL AGENDA REPORT Gamin __ TO: The Honorable City Council FROM: Allen M. Walter, Landscape/Parks Maintenance Superintendent' Jeremy Laurentowski, Landscape/Parks Maintenance SL- Superintendent DATE: March 24, 2011 (CC Meeting April 6, 2011) SUBJECT: Consider Landscape Maintenance Contract Specifications and Authorize Staff to Solicit Bid Proposals for Maintenance of Parks, Facilities, and Landscape Maintenance Districts DISCUSSION The City Council is being asked to approve contract documents and bid specifications for landscape maintenance services for City parks, landscaped parkways, medians, slopes within various Landscape Maintenance Districts (LMD's), and other miscellaneous City properties. Properties include City facility grounds and vacant Moorpark Redevelopment Agency (MRA) property. The scope of work under the existing and proposed agreements also includes cleaning of various hardscapes, park restrooms, and park amenities. The City's existing landscape maintenance agreements with Azteca for parks, and Venco Western Landscape Services for LMDs and miscellaneous sites, are set to expire June 30, 2011. The last time the City solicited competitive bid proposals for all landscape maintenance services within the City was in 2008. Since 2008, the total acreage of landscaped area under the City's responsibility has increased. Park acreage increased from 152 to 162 acres and the acreage of landscaped parkways, medians, and slopes (LMD) from 65 to 155 acres. The Veterans Memorial Park, Mammoth Highlands Park; Poindexter Park expansion; LMD Zone 15 Toll Brothers; LMD Zone 22 Moorpark Highlands; Spring Road medians and west side parkway planter; and the parkways on the south side of Los Angeles Avenue, from Buttercreek Road to Maureen Lane, have contributed to this increase. The landscape acreage for miscellaneous properties (MRA and City facility grounds, Metrolink Station) is approximately 12 acres. 138 Honorable City Council April 6, 2011 Page 2 The landscape maintenance contract requirements attached have been revised to address the increase in LMD acreage and usage demands on the parks, and to address the water conservation activities. The contract documents consist of performance requirements; i.e. staffing requirements, supervision, and similar administrative obligations of the contractor. The contract documents also contain a scope of work. The scope of work identifies all the tasks that must be performed, frequency, and other specifications important to the maintenance and operations of the contract. The type and frequency of the tasks to be performed under the new proposed agreements have not changed significantly. The exceptions are identified below: • Weekly washing of picnic shelters was removed • Washing of tennis and hard courts was removed • Hand watering revised to as needed • Planting annual flowers was removed • Contractor required to shut down all irrigation systems with forecast of rain • Mowing and edging requirements would remain at 24 times per year, except Arroyo Vista Community Park (AVCP) sports fields, where mowing would.return to 48 times per year (a bid option will be included for only 24 mowings at AVCP) • Mowing height changed from 1 Y2 -2" to 1/3 of grass height • Fertilization changed from 4 Ibs per shrub to 8 Ibs per 1000 sq ft • Fertilization changed from twice per year to four times per year at selected LMD sites. The bid document has been structured to solicit separate cost proposals: one for all LMD and miscellaneous areas and the other for all parks. The successful low bidder(s), for all LMD areas and for all parks, will be awarded separate agreements. The specifications include a 12 month agreement (July 1, 2011, through June 30, 2012), with a provision that would allow the City the option to extend it for three additional one-year terms. Pending the Council's approval of the contract documents, staff will hold mandatory pre-bid conferences on April 22 or April 25, 2011. The bid opening is currently scheduled for May 6, 2011 (or a date approved by the City Manager prior to initiation of the bid process). Staff anticipates returning to the Council on June 1 with a recommendation to award the contract(s). FISCAL IMPACT Staff anticipates that with the proposed modified scope of work, cost proposals should result in some savings. The current annual cost for parks is $367,320 and $516,100 for LMDs. 139 Honorable City Council April 6, 2011 Page 3 Several revenue sources are used to fund landscape maintenance activities. In FY 2010/11, the following costs were budgeted: Property Funding Source Budget Parks Park Assessment/General Fund $367,318 LMD's Assessment Districts $491,028 General City Facilities General Fund $10,564 MRA Properties MRA $10,656 Metrolink & Bus Stops Local TDA $14,412 Total $ 893,978 STAFF RECOMMENDATION Approve contract documents for landscape maintenance services, subject to final language approval of the City Manager and City Attorney, and authorize staff to solicit bid proposals with selection of the bid opening date to be approved by the City Manager prior to initiation of the bid process. Attachments: Exhibit A: Documents and Specifications for City Landscape Maintenance for Parks Exhibit B: Documents and Specifications for City Landscape Maintenance for LMDs 140 Exhibit A QPPK .r C4a P 09 O Z b O � 9q n OR4T�0 V� CITY OF MOORPARK PARKS CONTRACT DOCUMENTS AND SPECIFICATIONS for Landscape Maintenance Services Moorpark, California April 2011 PROJECT MANAGER: Allen M. Walter, Park and Landscape Superintendent Parks & Recreation Department 141 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL 10 AGREEMENT AND CONTRACT FORMS 18 EXHIBIT A— Contract Performance Requirements 35 EXHIBIT B — Scope of Work 45 EXHIBIT C — Area to be Maintained 66 (Includes descriptions and maps) Page 2 142 NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES CITY OF MOORPARK PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark("City"), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 10:00 a.m. on Friday, May 6, 2011, at which time they will be publicly opened and read. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. The Scope of Work for this project consists of providing all labor, services, and furnishing all materials, tools, equipment, supplies, and transportation as necessary for the performance of scheduled landscape maintenance services in City parks in accordance with contract provisions and specifications attached hereto and made a part of this Notice. A mandatory pre-bid conference will be held at the Moorpark Public Services Facility, 627 Fitch Avenue, Moorpark, CA 93021, Monday, April 25, 2011, at 9:00 a.m. Only those bidders in attendance will be eligible to submit bid proposals. A City tour of all proposed areas will be made available to prospective bidders after the pre-bid conference on Monday April 25, 2011, between 10:00 a.m. and 3:00 p.m. Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for one (1) year. This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance and bonds as identified in this Request for Proposal and execute a contract on the City's standard form. Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for general prevailing wages where it is applicable. Prospective bidders may obtain copies of Contract Documents and Specifications for Landscape Maintenance Services from the City of Moorpark, Department of Parks and Recreation, 799 Moorpark Avenue, Moorpark, CA 93021 at a cost of$20.00, plus $5.00 if mailed. No documents will be mailed after April 22, 2011. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside, "Parks Landscape Maintenance Proposal -- DO NOT OPEN WITH REGULAR MAIL". All bidders must possess a State of California Contractor's License, Class C-27, and State of California Pesticide License as defined in the contract documents at the time of bid submission to be eligible for the award of contract. Said Licenses must be maintained in Page 3 143 good standing throughout the term of the contract. Failure to possess the specified licenses shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with contract documents, and the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license, and required pesticide license with the bid documents. The Moorpark City Council reserves the right to reject all bids. This contract is subject to liquidated damages. All bids must be submitted in conformance with this Notice and with Instructions to Bidders. The Contract Documents and Specifications will be available for public inspection at the following locations: City of Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021. Contact: Allen M. Walter, Park and Landscape Superintendent, at (805) 517-6360. Page 4 144 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS AND SUBMITTAL The City is soliciting cost proposals for the maintenance of City parks. The bid form includes a cost for each park and a total for combined costs. Bids shall be submitted in writing on the forms provided by the City. Use of other forms may be cause for rejection of bids. All information requested therein must be clearly and legibly set forth in the manner and form indicated. Non-substantial deviations may be considered provided that the bidder submits a full description and explanation of, and justification for, the proposed deviations. Final determination of any proposed deviation will be made by the City in its sole discretion. The proposal forms which must be submitted by bidders include pages 10 through 18. SCOPE OF WORK Scope of work to be preformed under contract with the City includes, but is not limited to, labor, services, and furnishing all materials, tools, equipment, supplies, and transportation as necessary for the performance landscape maintenance and related services as more fully described in Exhibit A, B, C, and D to the contract contained herein. EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED. The bidder shall personally examine the site of the work contemplated, specifications, and contract documents before submitting a bid proposal, to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has personally investigated and is satisfied as to the general and local conditions to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the services, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas to be maintained according to this contract. PROPOSAL GUARANTEE Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for one (1) year. This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance, and bonds as identified in this Request for Proposal and execute a contract on the City's standard form. Page 5 145 The proceeds of the bond will become the property of the City if the bidder fails to or refuses to execute the contract within fourteen (14) calendar days after the City has notified the bidder of intent to award the bid or within fourteen (14) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within fourteen (14) days after the bid has been awarded. The bond shall be duly executed by a surety admitted to do business in the State of California. All bid bonds or substitutes thereof will be returned upon timely execution of the contract and the filing of satisfactory insurance certifications and bonds by successful bidder. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "PARK Landscape Maintenance Proposal"-- DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the bid must be clearly labeled with the bid title, name of bidder, and date and time of bid opening, as stated above. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. Bids with supplemental information or form other than those proposed forms provided by the City may not be considered. Non- substantial deviations may be permitted provided that the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determination of whether a proposed alternative or deviation is non-substantial will be made solely by the City at its discretion. BID WITHDRAWAL A bidder may withdraw his/her proposal, without prejudice prior to the time specified for the bid opening, by submitting a written request to the City for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Bids" will be Page 6 146 considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. BIDDER QUALIFICATIONS All bidders must possess the following: 1) A State of California Contractor's License, Class C-27. 2) A Pesticide License issued by State of California Department of Pesticide Regulation Enforcement Branch for pesticide operations to be performed. Copies of said licenses required of bidder must be presented at the time of bid submission to be eligible for the award of contract, and must be maintained in good standing throughout the term of the contract. If contractor plans to utilize the services of a subcontractor to provide pesticide operations, said subcontractor must be identified in bid proposal on the form provided.This shall include all subcontractors; PCA(Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL(Qualified Applicator License). Failure to possess the specified license shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license and pesticide license with the bid documents. The City shall, before awarding a bid, verify that a contractor was properly licensed when the contractor submitted the bid. In the event of a dispute as to the classification of license required the opinion of the California Contractors' State License Board shall prevail. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the bidder's proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Financial stability and standing of contractor, and proven competency of the bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance with applicable State Law. No award will be made to a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. Page 7 147 DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work sites, Contract Documents, Specifications, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City and clarified prior to the submission of proposals. Neither the City nor any of its officers, employees or servants assumes any responsibility for errors or misinterpretations resulting from the receipt or use of an incomplete set of contract documents or addenda. The bidder must satisfy themselves that they have received a complete set of contract documents and addenda. Written addenda shall be the sole means for modifying the Contract Documents prior to the bid opening. The City shall not be bound by oral communications purportedly modifying or interpreting the Contract Documents regardless of when or by whom such oral communications are made and bidder should not rely upon such oral communications in preparing their bid. PREVAILING WAGES Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for prevailing wages. AWARD OF CONTRACT At its sole discretion, the City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty (60) days, all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. TIME FOR COMMENCEMENT AND COMPLETION This is a twelve (12) month contract (July 1, 2011, through June 30, 2012), with an option for three additional one-year terms, at the City's discretion. An Agreement in substantially the same form as the Sample Agreement included in the Contract Documents shall be signed by the successful bidder and returned to the City Clerk's Office, at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA, together with the insurance certificates and endorsements and contract bonds within fourteen (14) calendar days, not including Sunday, after mailing by City of the Notice of Award of Contract. The bidder warrants that he/she possesses, and has arranged through subcontracts, all Page 8 148 capital and other equipment, labor, and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, County, City and Special District laws, ordinances, and regulations. Refusal or failure to deliver an executed Agreement, Bonds, and Insurance in the form provided in the Contract Documents and approved by the City within fourteen (14) calendar days, as identified above, shall be just cause, at the City's sole option, to annul the award. In such an event, the City may successfully award the contract to the next lowest responsible and responsive bidder until a properly executed contract is obtained, or it may at any time reject all remaining bids and proceed as provided by law. No bid shall be considered binding upon the City until the execution of the Agreement by the City. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled; any bid security will be forfeited in accordance with the Bid Terms and Conditions, and Special Bid Terms and Conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible bidder who shall fulfill every term and condition of the bid documents. CONTRACT ASSIGNMENT The bidder shall not in whole or in part, assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City, which may be withheld at the City's sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, medical condition, or marital status of such persons. Bidders will comply with all non-discrimination laws. NON-COLLUSION AFFIDAVIT Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and submitted with bid on the form provided in the bid package. PREVAILING WAGES AND MINORITY GROUP SKILL UPGRADE AND EMPLOYMENT Bidders are hereby notified that pursuant to the provisions of the California Labor Code section et seq., copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the work are on file and available to any interest person upon request at the Parks, Recreation, and Community Services Department or on the Internet at www.dir.ca.gov/DIR/S&R/statistics_research.html., and are hereby incorporated Page 9 149 herein and made a part hereof as though set forth in full. Contractor is fully responsible to ascertain the rates of wages he/she will be required to pay throughout the execution of all work under the contract and to comply with all regulations pertaining to prevailing wages. Page 10 150 PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES TO THE CITY OF MOORPARK, as City: In accordance with Agency's Notice Inviting Sealed Bids, and the instructions to bidders, the undersigned bidder hereby proposes to furnish all materials, equipment, tools, labor, transportation and incidentals required for the above stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed therein. Bidder declares that this proposal is based upon careful examination of the work sites and all contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to Agency of the guarantee accompanying this proposal. Bidder understands that a bid amount is required in a manner set forth in the Bid Schedule solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14)days not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder, this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature Signer's Title Page 11 151 BID SCHEDULE LANDSCAPE MAINTENANCE SERVICES PARKS Name of Facility Monthly Bid Amount ANNUAL AMOUNT No. 1 Arroyo Vista Community Park $ 2 Campus Park $ 3 Campus Canyon Park _$ _ Community Center Park/Grounds (799/699 4 Moorpark Ave) $ 5 Country Trail Park $ 6 College View Park $ 7 Glenwood Park $ 8 Magnolia Park $ _ 9 Miller Park $ 10 Monte Vista Park $ 11 Mountain Meadows Park $ 12 Peach Hill Park $ 13 Poindexter Park $ 14 Tierra Rejada Park $ 15 Villa Campesina Park $ 16 Virginia Colony Park $ 17 Seranata Trail $ 18 Mammoth Highlands Park $ 19 Veterans Memorial Park $ Total Cost $ (Month) (Annually) Price must include labor, material, and equipment to perform work, in accordance with contract documents, specifications, and all disposal fees. • The City reserves the right to discontinue park maintenance services at any of the locations listed, at any time. The Contractors monthly bid amount shall remain in effect 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. Page 12 152 I, the undersigned agree to furnish and install work as identified in this Proposal, and as described in the contract documents for the amount shown on this Bid Schedule. Contractor's Authorized Signature Page 13 153 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Type of Firm Individual, Partnership; Corporation Business Address Telephone State Contractor's License No. and Class(es) Original Date Issued Expiration Date Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Expiration Date 2) Expiration Date 3) Expiration Date If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, information related to the subcontractor must be disclosed on Subcontractor Form. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: Page 14 154 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of , 2011. Bidder Subscribed and sworn to this day of , 2011 NOTARY PUBLIC Page 15 155 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed tree maintenance similar services within the past two years- 1. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 2. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 3. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) Page 16 156 The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name and address of owner or agency Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 2. Name and address of owner or agency Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 3. Name and address of owner or agency Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) Bidder may attach additional sheets to include additional references Page 17 157 SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1 3 Use additional room if needed to list more than three subcontractors. Page 18 158 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those names herein; that no officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collision or fraud. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Page 19 159 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those names herein; that no officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collision or fraud. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Page 19 160 Sample Agreement AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR PARK LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT, is made and effective as of this day of , 2011, between the City of Moorpark, a municipal Corporation ("City") and ("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 and related 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 at a meeting held on the day of , 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public 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 the date of execution and will expire on June 30, 2012, unless sooner terminated as provided hereinafter. Upon the mutual consent of both parties, the term of this Agreement may by extended for three (3) additional one (1) year periods. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide park landscape maintenance services, plus additional landscape repair and installation services as needed, specifically as it pertains to park properties, as set forth in Exhibits A, B and C, and which exhibits are attached hereto and incorporated herein by this reference as though set forth in full. 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 A and B. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits A and B. Page 20 161 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit D. Compensation shall not exceed the rates or total value dollars ($ ),without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to Section 5 herein. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her 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 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 payment rates and terms and the schedule of payment as set forth in Exhibit E, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($ ), 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 by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes Page 21 162 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 ninety (90) 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. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 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 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. Page 22 163 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, he/she shall forfeit and pay to the City of Moorpark, 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 contract [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 from them 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 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 Page 23 164 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 subcontractor; 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 Sub-sections 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. 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. 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. Page 24 165 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 Attachment 1, attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the Page 25 166 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 Sec. 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one 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 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) Page 26 167 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-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: 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 Contract Documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. Page 27 168 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 the City Manager. 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 Section 8 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 Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. Page 28 169 27. PRECEDENCE Contractor is bound by the contents of Exhibits A, B and C, In the event of conflict, the requirements of this Agreement shall take precedence over those contained in Exhibits A, B, and C. 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 CONTRACTOR By: By: Steven Kueny, City Manager Contractor, Owner Attest: Maureen Benson, City Clerk Page 29 170 ATTACHMENT 1 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 one million dollars ($1,000,000) per occurrence for all covered losses and no less than two million dollars ($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. Page 30 171 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. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. 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, Page 31 172 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 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. Page 32 173 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, 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. Page 33 174 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. 17. Termination of this obligation is not effective until City executes a written statement to that effect. 18. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 19. 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. 20. 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. 21. 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. 22. 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. I Page 34 175 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter("City")and (hereinafter "Contractor") have entered into an Agreement dated , 2011, for work identified as " of which Agreement is hereby incorporated into and made a part hereof; and. WHEREAS, said Contractor, is required to furnish a bond in connection with said contract, providing for the faithful performance thereof; NOW, THEREFORE, we, the Contractor, as Principal, and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, said sum being not less than one hundred percent (100%) of the estimated amount payable by the said Obligee under the terms of the contract for which payment well and truly to be made, the said principal and the said surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Principal, his or its heirs, executors, administrators, successors or assigns, his or its subcontractors, shall perform and fulfill all the undertakings, covenants, terms, conditions of said Agreement during the original term of the Agreement, and any and all duly authorized extensions thereof, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void and of no effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the Agency in successfully enforcing said obligation. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2011 Page 35 176 (Corporate Seal) (Principal) Notarial Certificate Attached By (Title) (Corporate Seal) (Surety) Notarial Certificate Attached By (Title) Page 36 177 EXHIBIT A CONTRACTOR PERFORMANCE REQUIREMENTS A. WORKING HOURS: 1. Working hours are Monday through Friday, between 6:30 a.m. to 5:00 p.m. ("working hours"),with the exception noted in section 2 of Exhibit A. No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times or without prior written permission from the City, except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify representative designated by the City (hereinafter referred to as "City Representative") within 24 hours in the event of emergency work. 2. Item Removed 3. Contractor shall be responsible for any costs incurred by the City including employee's hourly rate of $105. per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee, 4. The Contractor shall staff available for phone contact (not an answering service), Monday through Friday, between 6:30 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number (not an answering service)for non-working hours including weekends and holidays. 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 and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 6. After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 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. Page 37 178 B. SUPERVISION: 1. Contractor shall provide an on-site supervisor(s) capable of communicating effectively both in written and oral English at all times during all Contract operations. Communications from the City to the Contractor's on-site supervisor(s) shall be deemed as delivered to the Contractor. 2. Contractor shall endeavor to maintain good 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. 3. Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor's. 4. Contractor maintenance vehicle exterior paint and body shall be kept in good condition and have a clear Identifiable company logo on the vehicle front doors. C. COMMUNICATION/EMERGENCY RESPONSE: 1. Contractor shall have the ability to contact their field crews within 15 minutes of notification by City Representative. 2. Contractor shall provide capabilities for 24 hours per day, 7 days a week service. During working hours, Contractor shall respond to the City regarding any malfunction or service request by providing trained employees in the City within two (2) hours notification by City. 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. In an after-hours, non emergency situation, and upon the City's request, Contractor shall provide an on-the-job response time of no more than two (2) hour, or two (1) hour if it is an irrigation problem with potential property damage risks. Contractor shall maintain a 24-hour telephone contact for such notifications. D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at his own expense, shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance, as determined by City. Quality and specifications of materials to be provided by Contractor must be approved by City. These supplies and materials shall include, but not be limited to: Page 38 179 1. All necessary fuel, oil, equipment, machinery, and parts 2. All necessary pesticide licenses including herbicides, insecticides, fungicides and rodenticides. 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 materials, unless directed otherwise by the City Representative. E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully responsible for any and all damage done 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 done to buildings, infrastructure, hardscape, and other improvements due to Contractor's negligence. The City Representative shall determine negligence. The City shall be responsible for replacing any plant material that is destroyed or has died as a result of acts of vandalism or theft. F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified 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 prior to commencing work. G. PROPERTY DAMAGE: Any damage to utility lines that occurs shall be immediately reported to the utility company that is involved as well as to the City. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration Page 39 180 of, the restriction. Contractor shall also provide a copy of said notification to City prior to commencing such work. I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense and to the City's satisfaction, within 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code, and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector for directions. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility arrow board. Prior to closing lanes and/or interfering with the flow of traffic, Contractor shall seek the approval of the City Representative. Twenty four (24) hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, and no additional compensation shall be paid. Page 40 181 4. Liquidated damages shall be assessed in the amount of One Hundred Twenty-five dollars ($125.00) for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K. ENCROACHMENT PERMITS: The Contractor shall secure a non fee, approved City encroachment permit renewing annually. L. SUBCONTRACTORS: Contractor shall only use subcontractors in the performance of this Contract listed on subcontractor(s) form submitted with bid documents. All submitted subcontractors shall be licensed and only provide work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. STATE SAFETY, HAZARDOUS WASTE, AND NPDES REQUIREMENTS: 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract.The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall inspect areas maintained under the provisions of this Contract on a daily basis for all potential hazards, and maintain a daily safety inspection report which indicates date inspected and action taken to correct conditions if necessary. This report shall identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The City shall be notified immediately of PnY unsafe condition found by the Contractor. 3. Contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert vehicular traffic and pedestrians of the existence of hazards, replacing valve box covers, filling holes in turf areas and securing amenities so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, and submit a complete written report thereof to the City within twenty four (24) hours following the occurrence. 4. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws.Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. Page 41 182 5. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines For Construction Sites,"which by reference is a part of Exhibit A and is available for review at the Moorpark City Hall front counter. 6. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carryout 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; manage and operate vehicles and equipment in a manner to prevent leaks and spills; prevent pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and prevent and control discharge of soil sediments, chemicals, solvents and cleaning solutions, and trimmings. N. INSPECTION TOUR AND REPORT: The Contractor shall accompany the City Representative on a, no less than weekly, inspection tour of landscaped areas at a time specified by the City. The Contractor shall provide a detailed written report of all areas maintained for review by the City Representative. This report shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions, landscape deficiencies and a written timeline for completion of required service and repairs that is acceptable to the City. Contractor shall be expected to make repairs, corrections and deficiencies within five working days unless repair requires immediate response, Contractor shall make required repairs immediately and report corrections in writing or Contractor shall be responsible for correction of any deficiency noted during the inspection tour and to provide the City with a follow up report documenting the status required repairs and corrections. If corrections and repairs are not completed within the allocated time, the Contractor may incur liquidated damages, as more fully described below. If Contractor fails to repair or correct deficiencies within five working days past the time line approved by 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 accessed liquidated damages . Such fees and expenses shall be deducted from Contractor's invoice. O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required service and repairs, reprogram each conventional controller weekly per ETO pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to liquidated damages amount Page 42 183 identified below. 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 EQUIPMENT IDENTIFICATION: Contractor shall clearly identify and equip each vehicle used at said facilities with decals on the exterior right and left front door panels 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. R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances that have been created because of this operation, then these will be considered to be of an emergency nature and cause for the City to move in on the project to make corrective work. Such work will be billed to the Contractor at a rate of $100.00 for each call out plus actual time spent. It also should be noted that there is a minimum of a two (2) hour charge for labor on any call out. 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, and renovating, 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. Page 43 184 4. Only those extra work items authorized in writing (see Attachment 2, Additional Services Authorization (ASA) form) prior to the start of work, by the City's Representative, shall be considered for payment. 5. 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 City facilities will only be allowed if prior written permission is obtained from the City Representative. In the event 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. Contractor also assumes full responsibility for any and all damage done to City property as a result any contractor owned property stored on City property, whether storage is temporary or permanent. Contractor agrees to indemnification under this Agreement included in this Section. U. VANDALISM AND THEFT: 1. The City shall be notified immediately by the Contractor in regards to any acts of vandalism and theft to City landscaping, irrigation system, or other improvements observed or found by Contractor's employees, regardless of the cause, including graffiti. 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. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative. 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 Page 44 185 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 "ETO" demands indicate conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor the "ETO" 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 in accordance with the solid waste provision 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 require 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. a. 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 report immediately all lost or stolen keys to the City Representative within twenty-four (24) hours of discovery of the loss. Contractor shall reimburse the City the cost as determined by the City for and 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. Page 45 186 4. Contractor agrees to not duplicate any keys and acknowledge 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 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. Page 46 187 EXHIBIT B 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 be leave no signs of visible clippings on turf and shall be in alternating patterns. Blades shall be kept sharp at all times. 2. Turf shall be mowed to not remove more than 1/3 (33%) of the above ground turf grass tissue 3. Turf shall be mowed no less than 24 times per year, at all parks except for Arroyo Vista Community Park shall be mowed 48 times per year. Mowing shall not remove no more than 1/3 of the grass blade is removed at time of cutting, during the active growing season (April through November). Turf mowing at each location shall be completed in one day, and shall be on a schedule that is acceptable to the City Representative. B. EDGING AND TRIMMING 1. Mechanical type edging includes walkways, sidewalks, parking lots, driveways, curbs, trees, shrub beds and groundcover beds, and shall be performed every other week, and concurrently with mowing at each location. 2. Sprinkler heads shall be kept free of grass to allow for proper operation and coverage. This shall be performed by mechanical methods only, unless otherwise specified by City. 3. Edging against hardscape shall be performed in a manner that results in a neat well-defined V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade, and shall not exceed '/2 inch from the hardscape surface being edged. 4. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Tree damage resulting from Contractor's edges practices shall be replaced by Contactor with like tree at Contractor's expense. Page 47 188 5. Curbs, gutters, walkways and all hardscape areas shall be cleaned free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6. Edging next to retaining walls and fences shall be done using a power string type trimmer, and shall be completed in such a manner to avoid excessive string contact to exterior surface retainer walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without express written permission by the City Representative. C. TURF FERTILIZATION 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative of application date, location, and amount approved. Prior to turf fertilization Contractor shall contact the City Representative and provide written verification of approved fertilizer formulation and total amount to be applied per site. 2. Turf fertilization of turf grasses shall be accomplished four (4) times each year at the intervals and with the fertilizer described below: First week of January, April, August, and October, application of a 16-6-8 formulation with 18% sulfur and 1% iron pelleted type fertilizer, or equal formulation 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. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be done in sections in accordance with the area covered by the timing stations on the automatic irrigation controllers so that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. D. SHRUB AND GROUND COVER FERTILIZATION: Shrub and ground cover areas shall be fertilized the first week of April and September. Prior to shrub fertilization Contractor shall contact the City Representative and provide written verification of approved fertilizer formulation and total amount to be applied per site prior to application. Shrub formulation and at the application rates is as follows: Page 48 189 1. Herbaceous ground cover fertilization shall be accomplished with a pelleted 15-15-15 formulation containing no less than 8% sulfur. Fertilization shall be. applied evenly at a rate of 8 pounds per 1,000 square feet. The area shall be deep-watered immediately following the fertilizer application. 2. Shrub fertilization shall be accomplished with a pelleted 15-15-15 formulation evenly broadcast at the rate of eight (8) pounds per one thousand (1000) square feet The area shall be deep-watered immediately following the fertilizer application. E. 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. The Contractor shall not store Pesticides on City owned property at anytime and for any reason without exception. Contractor shall provide the City with photocopies of valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Weed Control: Weed control at all landscaped locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Weed infestation of the turf, shrub and ground cover areas, if severe, may be controlled by a "Restricted" commercial herbicide based upon written authorization of the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information as outlined below. Page 49 190 a. The exact location(s) where the herbicide is to be used, with the identification of the weed to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. C. That the herbicide will be applied at the manufacturer's recommended rates and conform with manufacturer's instructions for application. 3. Disease, Harmful Insects a. Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s) where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 4. Rodent Control: The Contractor's Pest Control Advisor (PCA). Recommendation shall provide specific names 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 killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA Recommendation, and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 5. The Contractor shall be responsible for implementing the control practice specified in writing to the City Representative using a subcontractor listed in bid documents a. With prior City approval, control practices implemented by Contractor may include the use of a subcontracted commercial pest control company, at the Contractor's sole cost. Page 50 191 b. Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. F. PESTICIDE, HERBIICIDE, RODENTICIDE AND INSECTICIDE RECORDS: 1. All pesticides to be used that are designated "restricted" by the State of California Department of Pesticide Regulation, shall be approved by the City Representative prior to use. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioners 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 used by the Contractor on City property will be submitted to the City's Landscape Representative. The City's Landscape Representative shall have access to all pesticide records upon request. The Contractor shall retain all records in accordance with Department of Agriculture regulations and requirements 4. Pesticides, herbicides,rodenticides and insecticides shall be applied in a manner to avoid non-target areas. Precautionary measures shall be employed since all areas will be open for public access during application. 5. The City shall reserve the right to reject the use of pesticide herbicides, rodenticides and insecticides at any time and for any reason of justification as determined by the City Representative. Page 51 192 G. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM 1. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic sprinkler system components, (with the exception of backflow protection devices) as needed to insure operation of each sprinkler system according to original design and installation intent. If it is determined by City that sprinklers and sprinkler components have been vandalized, Contractor shall seek City's prior approval to make repairs; if approved, City shall be responsible for costs. Contractor's claims of irrigation system damage caused by vandalism shall be submitted to City in a written vandalism report in a format approved by the City. 2. The Contractor shall be responsible for the cleaning, repairing, adjusting and replacement of all items, at it 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 • Batteries • Plastic pipe fittings • Galvanized steel pipe • Galvanized steel fittings • Main lines • Sprinkler heads • Sprinkler assemblies • Riser assemblies • Quick coupler valves • Hose bibs • Gate valves 3. Replacement of any item shall be with a new item of identical model and make design unless otherwise specified in writing by the City Representative. a. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe and galvanized steel pipe fittings, and remote control valve wiring: 1) Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). Page 52 193 2) Plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. 3) If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 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. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacements. 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to approve quality of backfill and compaction. 7. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor and City shall consider the variation in size of plants, roots, soils, 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 landscaped and turf areas shall be irrigated as required to promote vigorous and healthy plant growth. 8. Contractor shall furnish the necessary labor to provide watering of all turf and landscape areas. 9. 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 in writing by the City). -10. 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. 11. Contractor shall be responsible for the programming of the automatic controllers as directed by the City Representative. Central Control irrigation management systems shall be the responsibility of the City controlled jointly with the contractor City may request a change of programming at any time. Page 53 194 12. 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 acid 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. 13. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within two (2) hours 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 at the sole discretion of the City. 14. Conditions that may create a public hazard Contractor shall take immediate action and immediately reported to the City. 15. 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. 16. 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. H. IRRIGATING AREAS: It shall be the responsibility of Contractor to maintain, operate, and adjust watering schedule to weekly 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. 1. Watering a. Watering of the turf areas shall be done pursuant evapotranspiration (ETo) requirements or by Central Control irrigation management systems The Contractor shall provide ETo data, weekly to manually programmed automatic irrigation controllers 1) The automatic irrigation controllers shall be set to accommodate ETo watering frequency which allows the conditions of the above to be satisfied, but which precludes wetting of the soil to the point of saturation. 2) Monday through Thursday, the automatic irrigation controllers shall be set to water during the hours of 10:00 p.m. and 7:00 a.m., unless park use prohibits, or the City Representative directs an alternative schedule in writing. No regularly scheduled irrigation shall be permitted Friday 9:00 a.m. Page 54 195 through Sunday 10:00 p.m. 3) Exception to the above shall be directed by the City Representative in writing. 4) Contractor shall make adjustments to sprinkler heads as required to keep over-spray of sprinklers from walls and excessive run-off on sidewalks, and streets. 5) Over watering, which is represented by excessive run-off, over saturation, or high use rates caused by the Contractor's negligence, may result in liquidated damages for water costs incurred by City. 6) 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. Watering of Shrub Areas a. The automatic irrigation controllers shall be set to water the shrubs at a rate which is determined by local ETo data, as approved in writing by the City Representative. 3. Watering of Ground Cover Areas: Ground cover areas will be watered at a frequency determined by local ETo requirements, as approved in writing by City Representative. a. The automatic irrigation controller shall be set at a watering frequency which allows the condition of above to be satisfied, but which minimizes water run-off onto the street and eliminates over-spray onto buildings, walls and walks. b. The automatic irrigation controllers shall be set at a watering frequency which allows the condition of above to be satisfied but which precludes watering of the soil to the saturation point. C. The shrub and ground cover areas shall be watered between 9:00 p.m. and 7:00 a.m., unless the City Representative directs an alternate schedule in writing. d. Watering of flower areas shall correspond to that of the ground cover areas or as directed by the City Representative in writing. 4. Irrigation Reports: The Contractor shall maintain and submit to the City representative in writing. Page 55 196 a. Irrigation Controller Program Log: To be completed when and submitted to the City Representative within one business day of an irrigation program schedule is not pursuant to ETO setting program. b. Vandalism Report: As stated in Section H.1., Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s) or component(s) damaged or stolen, and the number of components involved. Report shall be submitted within one working day. 5. Irrigation Repairs: Non emergency irrigation repairs shall be completed by Contractor within eight (8) hours of reported problem using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative shall be repaired or at a minimum contained within the same day as reported. 6. Repair Inspection: City irrigation inspections may occur within one working day of notification of services or repair completion. City Representative will inspect and verify performance and service of repair. Should such inspections find deficient performance or service failure, the Liquidated Damages clause of this Contract can be enacted at City's sole discretion. 7. Irrigation Materials: a. All replacement materials are to be identical type, model and make unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium-to-high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless otherwise approved in writing by the City Representative. 8. Irrigation Trained Personnel: The Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation system operations, maintenance, adjustment, repair and can meet irrigation demands of the City. This is to include 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. Page 56 197 9. Irrigation During Inclement Weather: Contractor will as directed by the City Representative, adjust irrigation controller to the "OFF" position during forecast and periods of inclement weather. The Contractor will be responsible to return controllers and timers to the "ON" position when "ETo" demands indicated conditions are appropriate. I. MAINTENANCE OF SHRUB, GROUND COVER AREAS 1. Scope: The Contractor shall be responsible for trimming and weeding all Parks every other week. Trimming shall be performed in a manner that does not alter the appearance of the landscaping, but presents a clean manicured appearance. 2. Shrub and Ground Cover: Shrub and ground cover areas shall be cultivated and kept litter free. Ground cover shall be kept neat in appearance and confined within curbs and intended borders. Planters containing wood chips or bark mulch shall be confined curbs and intended borders and replenished with wood chips or bark mulch supplied by the City as needed. J. MAINTENANCE OF TREES AND SHRUBS 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees care within parks. Tree care, as specified in this Contract, 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 eight feet. 2. Maintenance of Trees and Shrubs: Shall be in accordance industry and International Society of Arboriculture (ISA)standards, and the standards and practices acceptable to the City, 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 standard plans. e. Shrubs shall be pruned to provide a neat and shapely appearance. Trimming shall not be excessive and limited to not more than 10% of Page 57 198 growth removed, unless otherwise directed by City. Pruning method shall provide a natural shape. f. Shrubs shall be maintained at a height no greater than 1 '/2 feet from top of curb at designated areas to allow for traffic safety. 3. Tree Trimming: a. Trimming and pruning shall be performed per the standards of the International Society of Arboriculture (ISA). It is the Contractor's sole responsibility to obtain and practice these pruning standards on all tree work performed. The Contractor agrees to accept all responsibility for the replacement of trees damaged by Contractor's pruning operations, if so determined by the City Representative that replacement is required. 4. Tree / Shrub Replacement: In emergency removal, no tree/shrub shall be removed without prior direction or approval of the City Representative. a. Trees or shrubs badly damaged and in need of replacement shall be brought to the attention of the City Representative. A report must be submitted for removal to City the same day or next business day. 5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. C. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace missing guards as needed. Page 58 199 K. SWALES AND DRAINS: 1. Contractor shall maintain all swales and drains on a weekly basis and Poindexter Skate park swales and drains daily to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2. Drains and collection boxes shall be cleaned and cleared of all debris. 3. Drain grates shall be inspected to restrict hazards. 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: (Parks) 1 Contractor shall clean and disinfect entire fixtures daily. 2. For leaking fixtures the water valve 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. Water valve shall be tested daily to insure that normal operation and water pressure is available for drinking, and report any pressure problems to City Representative. M. LITTER CONTROL 1. Daily, Contractor shall provide complete policing and litter pickup to remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and miscellaneous debris. This includes all park areas including limited to hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence lines, between and around planted areas, steps, planters, drains, catch basins, parking lots, areas on park slopes from the toe to top of slope playgrounds, and turf areas. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City 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 trail and on either side of pathways all Page 59 200 5. Litter picked up on site shall be placed in City supplied refuse bins and not in public use trash containers. N. TRASH AND MUTT-MITT CONTAINERS 1. Trash and Mutt-Mitt container receptacles in City parks, shall be emptied when they at 50 percent full, but no less than weekly. Trash can liners shall be placed in appropriate trash bins. Liners shall be replaced no less than weekly and shall be black in color and mill or better to contain trash without tearing. 2. Park trash container receptacles shall be cleaned as needed to avoid concentrations of insects. O. TRASH BINS 1. A designated trash 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 by way of this Contactor. 3. Where provided by City, solid waste bins shall be stored in trash bin enclosures. Contractor shall be responsible cleaning trash bin enclosures of all trash and 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 and cleaned 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:OOa.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. 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 approval 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. Page 60 201 During inclement weather and upon the direction of the City Representative, Contractor may be instructed to keep restrooms locked. The Contractor is responsible for thoroughly cleaning daily each item listed: 1. Pick up and disposal of litter in and around restroom facility. 2. Empty trash receptacles and replace liner(s)with 1.5mill or better 3. Sweep floor. 4. Clean walls and ceiling with a disinfectant detergent. This includes tile and grout. 5. Wash and disinfect partitions. 6. Remove graffiti with an approved graffiti remover. If this fails, notify the City Representative within 2 hours of determination. 7. Clean sinks with a disinfectant detergent. 8. Clean mirrors. 9. Clean and disinfect urinals. 10. Clean and disinfect commodes. 11. Restock toilet paper, with a 2-ply tissue and paper towels with white multifold 9.1/5"x 9.2/5" (Acclaim), etc. 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 when discovered to the City Representative. 15. Contractor shall leave restrooms locked during inclement (rain) weather conditions if directed by the City Representative. Restrooms will be re- opened as conditions change and park use becomes apparent, at the direction of City. 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. Page 61 202 17. Any observations electrical problems such as damaged outside building security lights, hand dryers, etc., shall be reported immediately upon discovery. 18. Remove spitballs, cobwebs, and other foreign materials form doors, wall, ceilings, partitions, vents, etc. 19. When fixtures are determined to be inoperable Contractor shall cover said fixture with a black plastic can liner, tape close the edges, and immediately notify the City Representative. Q. RECREATIONAUATHLETIC FIELDS: 1. The Contractor shall check all athletic and recreational sports fields and related amenities at least once daily, removing litter, rocks, debris and obstructions. 2. Contractor shall be responsible to report conditions, which are below operable standards or where signs of damage, vandalism, and wear have occurred 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 immediately upon observance. R. HARDSCAPES 1. All hardscapes such as, but not limited to, sidewalks, steps, walkways, ramps, curb and gutters, and walls adjacent to 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 concrete surfaces, parking lots and walkways adjacent to all areas. 3. Patios, sidewalks, walkways, and entry points at Arroyo Vista Community Center facilities shall be kept clear of all hazards. Page 62 203 S. PICNIC AREAS/SHELTERS: Daily Maintenance 1. Picnic tables, benches, concrete slabs, and trash containers shall be cleaned and sanitized to insure safe use by the public. 2. Vandalism and damage observed to picnic tables, benches, concrete slabs, and trash containers shall be reported immediately 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 bin. 4. The entire picnic area, including shelters, shall be kept free of broken glass, cans, paper, etc. 5. Empty all trash containers. Contractor shall supply all trash can 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 hazardous condition observed by Contractor shall be reported immediately to City Representative. 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. 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) no concrete footing shall be exposed. Each footing shall be covered to provide adequate cushioning and prevent tripping. Page 63 204 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 have responsibility to replenish sand or wood chips and relieve sand compaction. 7. Rubber resilient surfaces (rubber matting) shall be thoroughly swept to remove sand, silt and debris following each litter and debris removal daily. Any cracks, tears, rips or holes shall be reported immediately to the City Representative upon detection. 8. The City is responsible for sand play areas and playground equipment maintenance on Saturday and Sundays 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 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 Page 64 205 spills, spot washing as needed to keep court surface clean and ready for play upon completion. b. Contractor shall provide, at Contractor's expense, all tools and equipment necessary to perform the above mentioned cleaning activities. c. 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. On a daily basis, Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and police reporting prior to removal after determination the Contractor shall be responsible for removing graffiti that can be removed using a solvent specially formulated for graffiti removal and approved for such use by the City. If graffiti cannot be removed with said solvent, Contractor shall notify City immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor's first arrival to the designated work site: a. 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. o. Stairs and hand rails. p. Bleachers. Page 65 206 q. Softball field back stops 2. All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. W. SERANATA TRAIL (approximately 1.5 miles) 1. Bi-weekly maintenance. Contractor shall rake-over and remove all trail ruts, remove trash, and report all graffiti and potential trail hazards to City Representative 2. Monthly maintenance. Contractor shall remove all weeds from trail path, and trim 2 feet to both sides of trail. Page 66 207 EXHIBIT C 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 Page 67 208 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 Page 68 209 18. Villa Campesina Park 4704 Leta Yancy Road .5 Acre Located at the end of Leta Yancy Road. A Page 69 210 ATTACHMENT 2 Project No. Purchase Order No. CITY OF MOORPARK ADDITIONAL SERVICES AUTHORIZATION (ASA) NO. Change Order for Agreement Between the City of Moorpark and for PROJECT NAME: PROJECT LOCATION: DESCRIPTION OF SERVICES TO BE PROVIDED: TIME SCHEDULE: Service to be complete within days of authorization. COMPENSATION PROVISIONS: Hourly Rate of not to exceed hours without further authorization. Lump sum price, not to exceed $ without further authorization. Time and material, not to exceed $ without further authorization. TERMS: A. Contractor's Proposal must accompany this ASA. B. Contractor will not receive any additional compensation without written authorization. C. Either party may terminate this authorization upon giving a ten (10) day written notice of such termination to the other party. In such case, compensation shall be limited to the amount due for work completed up to the time of termination. D. Proposal price and time schedule good for days from date submitted. E. All provisions of the Agreement between the City and for shall be enforced for services performed under this ASA. CIY OF MOORPARK CONTRACTOR Steve Kueny, City Manager Date Authorized Signature Date Page 70 211 EXHIBIT D Monthly Compensation A. PARKS Account Number Monthly Bid Amount 1. Arroyo Vista Community Park 2400.7800.7803.9331 2. Campus Park 2400.7800.7805.9331 3. Campus Canyon Park 2400.7800.7806.9331 4. Community Center Park 2400.7800.7802.9331 5. Country Trail Park 2400.7800.7812.9331 6. College View Park 2400.7800.7807.9331 7. Glenwood Park 2400.7800.7813.9331 8. Magnolia Park 2400.7800.7816.9331 9 Mammoth Highlands Park 2400.7800.7818.9331 9. Miller Park 2400.7800.7815.9331 10. Monte Vista Park 2400.7800.7809.9331 11. Mountain Meadows Park 2400.7800.7810.9331 13. Peach Hill Park 2400.7800.7808.9331 14. Poindexter Park 2400.7800.7801.9331 15. Tierra Re ada Park 2400.7800.7811.9331 16. Veterans Memorial Park 2400.7800.7819.9331 17. Virginia Colony Park 2400.7800.7804.9331 18. Villa Cam esina Park 2400.7800.7814.9331 19. Serenata Trail 2400.7800.7850.9252 Total: Page 71 212 LOS ANGELES NtsP+r4Y Ats sT v i P4PPY�CCfi NiNDOSAYE PEMMAI(Yt wwn wraaWmYtRCE � PAANC> sTUI wANSrrrnv mu C�tAJEtAR'CT AO� ; s � CAMPESNIA MAJEM CT r i WRLWOAA CT C AYIIEA _jj N0.RYESTEA Si tCREP1A AA{YYty 0 t om ( OWNS"MeoN Pk f� iff Amp WO I, MEADOW _ & MILIMON G mug AN G P G 4k � � w� w",� �C ,� �t� + � 3 Wu VllNr \.._.-,• `�'`�, N�5rhooi �; ;«- I � �r 1� �"�"' � �,�.�/�y, c c }-__ � ``�.,.. 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I I EYEBESiAYE FUa'r EYTBEB.AYE_, ' r. �"'r ' Y618AAa6 N 1—I Un ,�1 /�4 g� � a-/•r •-^fir i Pertal;h#Arb �� E cAS `O°E � w"R+�l`� "aA° nE \\� ,'°' v► M°°rpaA ON 7^ t� f ,,,,�4� yY'1 CIO saw um PAAK � � RR saiw �+ r ' ? j,'q►; \ '`�, t't1A }�.J �./'-...,E` 6lANfOR4 St - G I�IIMWLEAY 7 ,J;l kl AV JD; �i ��w'_i � :�( �, f� a8 J � � �� .�I �f YMS(�•ST�j / 11�...� i� � �/ �" I � I ST EHARifGROST CWiPark C_.-----" Ila Me6G Hie fe�kPe�k , CammVdtY %P �� ✓ �X"f scmd LOS ANGELES N N 01 EXHIBIT B QPaK �a� � Op O m 4O94TFU ,J�1� CITY OF MOORPARK LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS CONTRACT DOCUMENTS AND SPECIFICATIONS for Landscape Maintenance Services City of Moorpark 799 Moorpark Avenue Moorpark, California April 7, 2011 City of Moorpark CONTACT: Jeremy Laurentowski Landscape/Parks Maintenance Superintendent 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6385 217 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL 11 AGREEMENT AND CONTRACT FORMS 23 EXHIBIT A— Insurance Requirements 34 EXHIBIT B — Contractor's Performance Requirements 42 EXHIBIT C - Scope of Work 52 EXHIBIT D - Area to be Maintained 70 (descriptions and maps) EXHIBIT E - Compensation 103 2 218 NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES CITY OF MOORPARK PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark("City"), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 10:00 a.m. on the 6th day of May. 2011, at which time they will be publicly opened and read. The official bid clock, which will establish the official bid time,will be determined by the City Clerk's Division of the City of Moorpark. The Scope of Work for this project consists of providing all labor, services, and furnishing all materials, tools, equipment, supplies and transportation as necessary for the performance of scheduled landscape maintenance services in landscaped parkways, medians, slopes and miscellaneous City properties in accordance with contract provisions and specifications attached hereto and made a part of this Notice. A mandatory pre-bid conference will be held at the Moorpark Public Services Facility, 627 Fitch Avenue, Moorpark, CA 93021, Friday,April 22, 2011, at 9:00 a.m. Only those bidders in attendance will be eligible to submit bid proposals. A City tour of all proposed areas will be made available to prospective bidders on Friday, April 22, 2011, between 10:00 a.m. and 3:00 p.m. Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance and bonds as identified in this Request for Proposal and execute a contract on the City's standard form. Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for general prevailing wages where it is applicable. Prospective bidders may obtain copies of Contract Documents and Specifications for Landscape Maintenance Services from the City of Moorpark, Department of Parks and Recreation, 799 Moorpark Avenue, Moorpark, CA 93021 at a cost of$20.00, plus $5.00 if mailed. No documents will be mailed after Tuesday, April 22, 2011. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside, "LANDSCAPE LIGHTING AND ASSESSMENT DISTRICTS - Landscape Maintenance Proposal -- DO NOT OPEN WITH REGULAR MAIL". 3 219 All bidders must possess a State of California Contractor's License, Class C-27, and State of California Pesticide License as defined in the contract documents at the time of bid submission to be eligible for the award of contract. Said Licenses must be maintained in good standing throughout the term of the contract. Failure to possess the specified licenses shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with contract documents, and the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license, and required pesticide license with the bid documents. The Moorpark City Council reserves the right to reject all bids. This contract is subject to liquidated damages. All bids must be submitted in conformance with this Notice and with Instructions to Bidders. The Contract Documents and Specifications will be available for public inspection at the following locations: City of Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021. Contact: Jeremy Laurentowski, Parks/Landscape Maintenance Superintendent at (805) 517-6385. 4 220 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS AND SUBMITTAL The City is soliciting cost proposals for the maintenance of City landscaped parkways, medians, slopes and miscellaneous City properties. The bid form includes a cost for each landscape area and a total for combined costs. Bids shall be submitted in writing on the forms provided by the City, use of other forms may be cause for rejection of bids. All information requested therein must be clearly and legibly set forth in the manner and form indicated. Non-substantial deviations may be considered provided that the bidder submits a full description and explanation of, and justification for, the proposed deviations. Final determination of any proposed deviation will be made by the City in its sole discretion. The proposal forms which must be submitted by bidders include pages 10 through 18. SCOPE OF WORK Scope of work to be preformed under contract with the City includes, but is not limited to, labor, services, and furnishing all materials, tools, equipment, supplies and transportation as necessary for the performance landscape maintenance and related services as more fully described in Exhibit A, B, C, and D to the Contract contained herein. EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED. The bidder shall personally examine the site of the work contemplated, specifications, and Contract Documents before submitting a bid proposal, to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has personally investigated and is satisfied as to the general and local conditions to be encountered,the character of equipment and facilities needed preliminary to and during the prosecution of the services, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas to be maintained according to this contract. PROPOSAL GUARANTEE Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance, and bonds as identified in this Request for Proposal and s 221 execute a contract on the City's standard form. The proceeds of the Bond will become the property of the City if the bidder fails to or refuses to execute the contract within fourteen (14)calendar days after the City has notified the bidder of intent to award the bid or within fourteen (14) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within fourteen (14) days after the bid has been awarded. The bond shall be duly executed by a surety admitted to do business in the State of California. All bid bonds or substitutes thereof will be returned upon timely execution of the contract and the filing of satisfactory insurance certifications and bonds by successful bidder. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS - Landscape Maintenance Proposal" -- DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time,will be determined by the City Clerk's Division of the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the bid must be clearly labeled with the bid title, name of bidder, and date and time of bid opening, as stated above. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. Bids with supplemental information or form other than those proposed forms provided by the City may not be considered. Non-substantial deviations may be permitted provided that the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determination of whether a proposed alternative or deviation is non-substantial will be made solely by the City at its discretion. BID WITHDRAWAL A bidder may withdraw his/her proposal,without prejudice prior to the time specified for the bid opening, by submitting a written request to the City for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time 6 222 specified or at any place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. BIDDER QUALIFICATIONS All bidders must possess the following: 1) A State of California Contractor's License, Class C-27. 2) A Pesticide License issued by State of California Department of Pesticide Regulation Enforcement Branch for pesticide operations to be performed. Copies of said licenses required of bidder must be presented at the time of bid submission to be eligible for the award of contract, and must be maintained in good standing throughout the term of the contract. If contractor plans to utilize the services of a subcontractor to provide pesticide operations, said subcontractor must be identified in bid proposal on the form provided.This shall include all subcontractors; PCA(Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL(Qualified Applicator License). Failure to possess the specified license shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license and pesticide license with the bid documents. The City shall, before awarding a bid, verify that a contractor was properly licensed when the contractor submitted the bid. In the event of a dispute as to the classification of license required the opinion of the California Contractors' State License Board shall prevail. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the bidder's proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Financial stability and standing of contractor, and proven competency of the bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance 223 with applicable State Law. No award will be made to a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work sites, Contract Documents, Specifications, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City and clarified prior to the submission of proposals. Neither the City nor any of its officers, employees or servants assumes any responsibility for errors or misinterpretations resulting from the receipt or use of an incomplete set of contract documents or addenda. The bidder must satisfy themselves that they have received a complete set of contract documents and addenda. Written addenda shall be the sole means for modifying the Contract Documents prior to the bid opening. The City shall not be bound by oral communications purportedly modifying or interpreting the Contract Documents regardless of when or by whom such oral communications are made and bidder should not rely upon such oral communications in preparing their bid. PREVAILING WAGES Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for prevailing wages. AWARD OF CONTRACT At its sole discretion, the City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty(60)days, all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. TIME FOR COMMENCEMENT AND COMPLETION This is a twelve (12) month contract (July 1, 2011 through June 30, 2012), with an option for three (3) additional one-year terms, at the City's discretion. An Agreement in substantially the same form as the Sample Agreement included in the Contract Documents, shall be signed by the successful bidder and returned to the City Clerk's Office, at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA, together with the insurance a 224 certificates and endorsements and contract bonds within fourteen (14) calendar days, not including Sunday, after mailing by City of the Notice of Award of Contract. The bidder warrants that he/she possesses, and has arranged through subcontracts, all capital and other equipment, labor, and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, County, City and Special District laws, ordinances, and regulations. Refusal or failure to deliver an executed Agreement, Bonds, and Insurance in the form provided in the Contract Documents and approved by the City within fourteen (14)calendar days, as identified above, shall be just cause, at the City's sole option, to annul the award. In such an event, the City may successfully award the contract to the next lowest responsible and responsive bidder until a properly executed contract is obtained, or it may at any time reject all remaining bids and proceed as provided by law. No bid shall be considered binding upon the City until the execution of the Agreement by the City. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled; any bid security will be forfeited in accordance with the Bid Terms and Conditions, and Special Bid Terms and Conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible bidder who shall fulfill every term and condition of the bid documents. CONTRACT ASSIGNMENT The bidder shall not in whole or in part, assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City, which may be withheld at the City's sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, medical condition, or marital status of such persons. Bidders will comply with all non-discrimination laws. NON-COLLUSION AFFIDAVIT Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and submitted with bid on the form provided in the bid package. PREVAILING WAGES AND MINORITY GROUP SKILL UPGRADE AND EMPLOYMENT 9 225 Bidders are hereby notified that pursuant to the provisions of the California Labor Code section et seq., copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the work are on file and available to any interest person upon request at the Parks, Recreation, and Community Services Department or on the Internet at www.dir.ca.gov/DIR/S&R/statistics _research.html. , and are hereby incorporated herein and made a part hereof as though set forth in full. Contractor is fully responsible to ascertain the rates of wages he/she will be required to pay throughout the execution of all work under the contract and to comply with all regulations pertaining to prevailing wages. io 226 PROPOSALFOR LANDSCAPE MAINTENANCE SERVICES TO THE CITY OF MOORPARK, as City: In accordance with Agency's Notice Inviting Sealed Bids, and the instructions to bidders, the undersigned bidder hereby proposes to furnish all materials, equipment, tools, labor, transportation and incidentals required for the above stated project as set forth in the Contract Documents and to perform all work in the manner and time prescribed therein. Bidder declares that this proposal is based upon careful examination of the work sites and all contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to Agency of the guarantee accompanying this proposal. Bidder understands that a bid amount is required in a manner set forth in the Bid Schedule solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14)days, not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder, this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature Signer's Title 11 227 BID SCHEDULE — PART A LANDSCAPE MAINTENANCE SERVICES CITYWIDE ASSESSMENT ZONE DESCRIPTION Monthly Bid Monthly Bid Amount Amount (years of No. ear 1 of contract contract) 1 Poindexter Avenue (CW1) $ $ 2 Tierra Re'ada Road Parkways (CW2) $ $ 3 Tierra Re'ada Road Median Islands CW2a, 2b, 2c, 2d $ $ 4 Mountain Trail Street Median Islands CW3a $ $ 5 Fountain CWF $ $ 6 S ring Road Parkways—South of LA Avenue (CW4) $ $ Spring Road Median Islands—South of LA Avenue 7 CW4a, 4b $ $ 8 High Street(CW5) $ $ 9 Los Angeles Avenue at Millard Street(CW6) $ $ 10 Princeton Avenue Parkways CW7 $ $ 11 Princeton Avenue Median Islands CW7a, 7b $ $ 12 Campus Park Drive Parkways (CW8) $ $ 13 Campus Park Drive Median Islands CW8a, 8b $ $ 14 Campus Park Drive at Collins Drive (CW9) $ $ 15 1 Los Angeles Avenue at Tierra Re'ada CW10 $ $ 16 S r ng Road Parkways— North of LA Avenue CW11 $ $ 17 Spring Road Medians-North of LA Avenue CW11 a $ $ Total Citywide Assessment Zone Annual Cost $ $ 12 228 BID SCHEDULE - PART B LANDSCAPE MAINTENANCE SERVICES ZONES OF BENEFIT DESCRIPTION Monthly Bid Monthly Bid Amount Amount (Y of No. ear 1 of contract contract) 1 Zone 1 Tract 2851 $ $ 2 Zone 2 Tract 2865 $ $ 3 Zone 3 Tract 3032 $ $ 4 Zone 4 Tract 3274 $ $ 5 Zone 5 Tract 3019 & Tract 3025 $ $ 6 Zone 6 Tract 3306 $ $ 7 Zone 7 (Moorpark Square Industrial $ $ 8 Zone 8 Home Acres Buffer Zone $ $ 9 Zone 9 (Moorpark Business Center $ $ 10 Zone 10 Mountain Meadows $ $ 11 Zone 11 Tract 4173 $ $ 12 Zone 12 Parkways (Carlsberg Ranch $ $ 13 Zone 12 Median Islands (Carlsberg Ranch $ $ 14 Zone 14 JR 5201 $ $ *Zone 15 Entry statements JR 4928 Moorpark Country Club Estates): Entry statement areas and parkways on the North and south side of Championship Drive at 15 Walnut Canyon Road and Grimes Canyon Road. $ $ *Zone 15 Median Islands JR 4928 Moorpark Country 16 Club $ $ 17 Zone 16 Tract 5161 Cabrillo $ $ 18 Zone 18 Tract 5307 Colmer $ $ 19 1 *Zone 20 Parkways and Slopes Tract 5187 Resmark $ $ 20 *Zone 20 Median Islands Tract 5187 Resmark $ $ 21 *Zone 21 Tract 5133 Shea Homes $ $ Zone 22 Parkways and Slopes (Tr 5045 Moorpark 22 Highlands) $ $ *Zone 22 Parkways and slopes (PA-7): South side of Ridgecrest Avenue from Elk Run Loop easterly to the east property line of PA-7 (East of Hightop Street). East side of Elk Run Loop from Ridgecrest Avenue southerly 23 to the property line at Mammoth Highlands Park. $ $ *Zone 22 Multi-use trails (Tr 5045 Moorpark Highlands): 24 West side of Spring Road from Charles Street norther) $ $ 13 229 to Walnut Canyon Road. East side of Spring Road from Ridgecrest Avenue northerly to Walnut Canyon Road. North side of Ridgecrest Avenue from Spring Road easterly to Hightop Street. Adjacent to the east perimeter of the PA-7. Adjacent to the north, east and west perimeter of PA-8/9, including trees and irrigation system. 25 Zone 22 Median Islands Tr 5045 Moorpark Highlands) $ $ Total Zone of Benefit Annual Cost $ Is 14 230 BID SCHEDULE — PART C LANDSCAPE MAINTENANCE SERVICES MISCELLANEOUS PROPERTIES DESCRIPTION Monthly Bid Monthly Bid Amount Amount (years 2-4 of No. ear 1 of contract contract 1 310 High Street—Metrolink Station $ $ 2 661 Moorpark Avenue $ $ 3 18 High Street $ $ 4 798 Moorpark Avenue $ $ 5 782 Moorpark Avenue $ $ 6 33 High Street $ $ 7 250 Los Angeles Ave $ $ 627 Fitch Avenue- Moorpark Public Services Facility 8 MPSF $ $ 9 699 Moorpark Ave - Moorpark Libra $ $ 10 799 Moorpark Avenue— Moorpark Civic Center $ $ 11 Public Parking Lot @ Moorpark Ave and High Street $ $ 12 * 100 High Street— US Postal Service $ $ 13 *610 Spring Road - Police Services Center $ $ 14 1449 Walnut Canyon Road $ $ 15 Bus Shelters $ $ Total Miscellaneous Properties Annual Cost $ $ • Price must include labor, material, and equipment to perform work, in accordance with contract documents, specifications, and all disposal fees. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with and asterisk(*)shall not begin without prior City approval. The Contract bid amount for these areas shall be deducted from the total monthly compensation paid to Contractor until such time that these areas are accepted by the City, and incorporated into this contact agreement for landscape maintenance. The contractor shall be notified in writing as to the date to commence landscape maintenance services. 15 231 I, the undersigned agree to furnish and install work as identified in this Proposal, and as described in the contract documents for the amount shown on this Bid Schedule. Contractor's Authorized Signature 16 232 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Type of Firm Individual; Partnership; Corporation Business Address Telephone State Contractor's License No. and Class(es) Original Date Issued Expiration Date Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Expiration Date 2) Expiration Date 3) Expiration Date If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, information related to the subcontractor must be disclosed on Subcontractor Form. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: 17 233 The date of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,titles, hands, and seals of all forenamed principals this day of , 2011. Bidder Subscribed and sworn to this day of , 2011 NOTARY PUBLIC 18 234 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed tree maintenance similar services within the past two years: 1. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 2. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 3. Name and address of owner Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 19 235 The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name and address of owner or agency. Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 2. Name and address of owner or agency. Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) 3. Name and address of owner or agency. Name and telephone number of person familiar with project Contract amount, type of work, contract period (date) Bidder may attach additional sheets to include additional references 20 236 SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1 2 3 Use additional room if needed to list more than three subcontractors. 21 237 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts and subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those names herein; that no officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collision or fraud. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. 22 238 Sample Agreement AGREEMENT BETWEEN THE CITY OF MOORPARK AND FOR LANDSCAPE MAINTENANCE SERVICES AT THE MOORPARK LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ZONES, ZONES OF BENEFIT AND MISCELLANEOUS PROPERTIES THIS AGREEMENT, is made and effective as of this day of 2011, between the City of Moorpark, a municipal Corporation ("City") and , a ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to 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 at a meeting held on the day of , 2011, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public 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 the date of execution and will expire on June 30, 2012, unless sooner terminated as provided hereinafter. Upon the mutual consent of both parties, the term of this Agreement may by 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, plus additional landscape repair and installation services as needed, specifically as it pertains to the City of Moorpark Landscape and Lighting Assessment District Citywide Zones, Zones of Benefit and Miscellaneous Properties, as set forth in Exhibits B, C, D and E:which exhibits are attached hereto and incorporated herein by this reference as though set forth in full. 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 23 239 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. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits B, C, D and E. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit E. Compensation shall not exceed the rates or total value dollars ($ ), without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to Section 5 herein. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her 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 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 payment rates and terms and the schedule of payment as set forth in Exhibit E, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($ ),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 by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.The City Manager, 24 240 if authorized by City Council, may approve additional work not to exceed ten percent(10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. 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. Consultant 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 ninety (90) 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. In the event this Agreement is terminated or suspended pursuant to this Section,the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 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 25 241 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 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, he/she shall forfeit and pay to the City of Moorpark, 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 afterthe 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 contract [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. 26 242 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 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 subcontractor; 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 Sub-sections 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. 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 27 243 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. 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. 2s 244 No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. 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 Sec. 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one 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. 29 245 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s)and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s)and/or property owner(s)and/or firm(s)and/or partnership(s)and/or public agency(ies)owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one-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 parry for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: 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 Contract Documents. 30 246 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations,duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. 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 the City Manager. 26. TIME OF COMPLETION 31 247 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 Section 8 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 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 Exhibits B, C, D and E. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in Exhibits B, C, D and E. 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. 32 248 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK By: By: Steven Kueny, City Manager Attest: Maureen Benson, City Clerk 33 249 EXHIBIT A Insurance 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 one million dollars ($1,000,000) per occurrence for all covered losses and no less than two million dollars ($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. 34 250 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. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. 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 35 251 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 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 36 252 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, 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. 37 253 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 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. 38 254 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. 39 255 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter ("City")and (hereinafter "Contractor") have entered into an Agreement dated , 2011, for work identified as " it which Agreement is hereby incorporated into and made a part hereof; and. WHEREAS, said Contractor, is required to furnish a bond in connection with said contract, providing for the faithful performance thereof; NOW, THEREFORE, we, the Contractor, as Principal, and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, as Obligee, in the sum of Dollars($ ) lawful money of the United States of America, said sum being not less than one hundred percent(100%) of the estimated amount payable by the said Obligee under the terms of the contract for which payment well and truly to be made, the said principal and the said surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Principal, his or its heirs, executors, administrators, successors or assigns, his or its subcontractors, shall perform and fulfill all the undertakings, covenants, terms, conditions of said Agreement during the original term of the Agreement, and any and all duly authorized extensions thereof, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants,terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void and of no effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the Agency in successfully enforcing said obligation. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2011. (Corporate Seal) (Principal) 40 256 Notarial Certificate Attached By (Title) (Corporate Seal) (Surety) Notarial Certificate Attached By (Title) 41 257 EXHIBIT B CONTRACTOR PERFORMANCE REQUIREMENTS A. WORKING HOURS: 1. Working hours are Monday through Friday, between 6:30 a.m. to 5:00 p.m. ("working hours"),with the exception noted in section 2 of Exhibit A. No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times or without prior written permission from the City, except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify representative designated by the City (hereinafter referred to as "City Representative" within 24 hours in the event of emergency work. 2. The two pedestrian gates at the Shadyridge Buffer Zone shall be opened by Contractor at 6 a.m. Monday through Friday. 3. Contractor shall be responsible for any costs incurred by the City including, but not limited employee's hourly rate of One Hundred Five dollars($105)per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee, 4. The Contractor shall have staff available for phone contact(not an answering service), Monday through Friday, between 6:30 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number (not an answering service)for non-working hours, including weekends and holidays. 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 and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 6. After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this Agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 42 258 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 an on-site supervisor(s) capable of communicating effectively both in written and oral English at all times during all Contract operations. Communications from the City to the Contractor's on-site supervisor(s) shall be deemed as delivered to the Contractor. 2. Contractor shall endeavor to maintain good 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. 3. Contractor shall ensure that its employees are dressed in a company uniform and shirt recognizable as Contractor's. 4. Contractor's maintenance vehicles exterior paint and vehicle body shall be kept in good condition and have a clear Identifiable company logo on the vehicle front doors. C. COMMUNICATION/EMERGENCY RESPONSE: 1. Contractor shall have the ability to contact their field crews within fifteen (15) minutes of notification by City Representative. 2. Contractor shall provide capabilities for 24 hours per day, 7 days a week service. During working hours, Contractor shall respond to the City regarding any malfunction or service request by providing trained employees in the City within two (2) hours notification by City. 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. In an after-hours, non emergency situation, and upon the City's request, Contractor shall provide an on-the-job response time of no more than two (2) hours, or one (1) hour if it is an irrigation problem with potential property damage risks. Contractor shall maintain a 24-hour telephone contact for such notifications. D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at his own expense,shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish 43 259 an acceptable and professional level of maintenance, as determined by City. Quality and specifications of materials to be provided by Contractor must be approved by City. These supplies and materials shall include, but not be limited to: 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides including herbicides, insecticides, fungicides and rodenticides and all necessary licenses. 3. All necessary fertilizers and soil amendments. 4. All custodial, 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 materials, unless directed otherwise by the City Representative. E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully responsible for any and all damage done 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 done to buildings, infrastructure, hardscape, and other improvements due to Contractor's negligence. The City Representative shall determine negligence. The City shall be responsible for replacing any plant material that has been damaged or has died as a result of acts of vandalism and or theft. F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified 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 prior to commencing work. G. PROPERTY DAMAGE:Any damage to utility lines that occurs shall be immediately reported to the utility company that is involved as well as to the City. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or 44 260 necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the restriction. Contractor shall also provide a copy of said notification to City prior to commencing such work. I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense and to the City's satisfaction, within 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit,the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector for directions. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility arrow board. Prior to closing lanes and/or interfering with the flow of traffic, Contractor shall seek the approval of the City Representative. 24 hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these detailed specifications.The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 45 261 3. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum paces paid for various items of work wherein maintenance of traffic and detours is required, and no additional compensation will be allowed. 4. Liquidated damages shall be assessed in the amount of One Hundred Twenty-fifty dollars ($150.00) for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K. ENCROACHMENT PERMITS: The Contractor shall secure and renew annually a non fee, approved City encroachment permits when and where required. L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of this Contract that are listed on subcontractor(s)form submitted with the bid documents. All submitted subcontractors shall be licensed and only provide work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. STATE SAFETY, HAZARDOUS WASTE, AND NPDES REQUIREMENTS: 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall inspect 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 shalll identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The City shall be notified immediately of any unsafe condition found by the Contractor. 3. Contractor shall be responsible for making minor corrections including, but not limited to;using barricades or traffic cones to alert vehicular traffic and pedestrians of the existence of hazards, replacing valve box covers, filling holes in truf areas and securing amenities to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, and submit a complete written report thereof to the City within twenty four (24) hours following the occurrence. 46 262 4. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws.Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. 5. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines For Construction Sites,"which by reference is a part of Exhibit A and is available for review at the Moorpark City Hall front counter. 6. Contractor shall implement all necessary steps to ensure the methods and practices it.uses to carryout 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; manage and operate vehicles and equipment in a manner to prevent leaks and spills; prevent pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and prevent and control discharge of soil sediments, chemicals, solvents and cleaning solutions, and trimmings. N. INSPECTION TOUR AND REPORT: The Contractor shall accompany the City Representative on a, no less than weekly, inspection tour of landscaped areas at a time specified by the City.The Contractor shall provide a detailed written report of all areas maintained for review by the City Representative. This report shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions, landscape deficiencies and a written timeline for completion of required service and repairs that is acceptable to the City. Contractor shall be expected to make repairs, corrections and deficiencies within five (5) working days unless repair requires immediate response, Contractor shall make required repairs immediately and report corrections in writing or Contractor shall be responsible for correction of any deficiency noted during the inspection tour and to provide the City with a follow up report documenting the status required repairs and corrections. If corrections and repairs are not completed within the allocated time, the Contractor may incur liquidated damages, as more fully described below. If Contractor fails to repair or correct deficiencies within (5)five working days past the time line approved by 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 accessed liquidated damages . Such fees and expenses shall be deducted from Contractor's invoice. O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required 47 263 service and repairs, reprogram each conventional controller weekly per ETO pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to 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 EQUIPMENT IDENTIFICATION: Contractor shall clearly identify and equip each vehicle used at said facilities with decals on the exterior right and left front door panels 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. R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances that have been created because of this operation, then these will be considered to be of an emergency nature and cause for the City to move in on the project to make corrective work. Such work will be billed to the Contractor at a rate of One Hundred Ten dollars ($110.00) for each call out, plus actual time spoent. It also should be noted that there is a minimum of a two (2) hour charge for labor on any call out. 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. 48 264 2. Additional work outside the performance requirements such as, but not limited to, shrub and tree planting, and renovating, 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. 4. Only those extra work items authorized in writing (see Attachment I, Additional Services Authorization (ASA) form) prior to the start of work, by the City Representative, shall be considered for payment. 5. 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 City facilities will only be allowed if prior written permission is obtained from the City Representative. In the event 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. Contractor also assumes full responsibility for any and all damage done to City property as a result any contractor owned property stored on City property, whether storage is temporary or permanent. Contractor agrees to indemnification under this Agreement included in this Section. U. VANDALISM AND THEFT: 1. The City shall be notified immediately by the Contractor in regards to any acts of vandalism and theft to City landscaping, irrigation system, or other improvements observed or found by Contractor's employees, regardless of the cause, including graffiti. 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. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 49 265 3. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative. 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 "ETo" demands indicate conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor the "ETo" 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 in accordance with the City solid waste provision 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. a. Damage, vandalism, and graffiti to the trash enclosures shall be immediately reported to the City Representative whenever observed by the Contractor. X. KEY CONTROL 50 266 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 within twenty-four (24) hours of discovery of the loss. Contractor shall reimburse the City the cost as determined by the City for and 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 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. 51 267 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 be leave no signs of visible clippings on turf and shall be in alternating patterns. Blades shall be kept sharp at all times. 2. Turf shall be mowed to the minimum height of 1 '/2'-2"during fall and winter months, and during the late spring and summer the cut should be no lower than 2"from the soil grade. Mowing heights may vary for special events and conditions approved by the City. 3. Turf shall be mowed no less than 48 times per year, so that no more than 1/3 of the blade is removed at time of cutting, but at intervals of no less than once a week during the active growing season (April through November). Turf mowing at each location shall be completed in one day, and shall be on a schedule that is acceptable to the City. B. EDGING AND TRIMMING 1. Mechanical type edging includes walkways, sidewalks, parking lots, driveways, curbs, trees, shrub and groundcover beds, and shall be performed once per week, and concurrently with mowing at each location. 2. Sprinkler heads shall be kept free of grass to allow for proper operation and coverage. This shall be performed by mechanical methods only, unless otherwise specified by City. 3. Edging against hardscape shall be performed in a manner that results in a neat well-defined V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade, and shall not exceed '/z inch from the hardscape surface being edged. 4. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue 52 268 and roots. Tree damage resulting from Contractor's edges practices shall be replaced by Contactor with like tree at Contractor's expense. 5. Curbs, gutters, walkways and all hardscape areas shall be cleaned free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6. Edging next to retaining walls and fences shall be done using a power string type trimmer, and shall be completed in such a manner to avoid excessive string contact to exterior surface retainer walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without express written permission by the City Representative. C. TURF FERTILIZATION 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative of application date, location, and amount approved. Prior to turf and shrub fertilization, Contractor shall contact the City Representative and provide written verification of approved fertilizer formulation and total amount applied. 2. Turf fertilization of turf grasses shall be accomplished four (4) times each year at the intervals and with the fertilizer described below: First week of January, April, August, and October, application of a 16-6-8 formulation with 18% sulfur and 1% iron pelleted type fertilizer, or equal formulation 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. Landscape Maintenance Assessment District Zones of Benefit 12, 15, 16, 18, 20, 21 and 22: Turf fertilization of turf grasses shall be accomplished at the following intervals with the fertilizer described below: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four (4) times annually apply 12-12-12 formulation pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit schedule to the City Representative for approval prior to application. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. 53 269 a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be done in sections in accordance with the area covered by the timing stations on the automatic irrigation controllers so that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. D. SHRUB AND GROUND COVER FERTILIZATION: 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative of application date, location, and amount approved. Prior to shrub fertilization, Contractor shall contact the City Representative and provide written verification of approved fertilizer formulation and total amount applied. Shrub and ground cover areas shall be fertilized two (2) times annually, generally the first week of April and September, with the materials and at the application rates as follows: 2. Herbaceous ground cover fertilization shall be accomplished with a pelleted 15-15-15 formulation 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. Shrub fertilization shall be accomplished with a pelleted 15-15-15 formulation evenly broadcast at the rate of eight (8) pounds per one thousand (1,000) square feet. The area shall be deep-watered immediately following the fertilizer application. Landscape Maintenance Assessment District Zones of Benefit 12, 15, 16, 18, 20, 21 and 22: Shrub and groundcover fertilization shall be accomplished at the following intervals with the fertilizer described below: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four (4) times annually apply 12-12-12 formulation pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit a written schedule to the City Representative for written approval prior to application. 54 270 E. 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. The Contractor shall not store Pesticides on City owned property at anytime and for any reason without exception. Contractor shall provide the City with photocopies of a valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Weed Control:Weed control at all landscaped locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Weed infestation of the turf, shrub and ground cover areas, if severe, may be controlled by a "Restricted" commercial herbicide based upon written authorization of the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information as outlined below. a. The exact location(s) where the herbicide is to be used, with the identification of the weed to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. C. That the herbicide will be applied at the manufacturer's recommended rates and conform with manufacturer's instructions for application. 55 271 3. Disease, Harmful Insects a. Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s) where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 4. Rodent Control: The Contractor's Pest Control Advisor's (PCA) recommendations shall provide specific names 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 killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA Recommendation, and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 5. The Contractor shall be responsible for implementing the control practice specified in writing to the City Representative using the subcontractor in the bid documents. a. With prior City approval, control practices implemented by Contractor may include the use of a subcontracted commercial pest control company, at the Contractor's sole cost. b. Contractor agrees to hire and bear the cost of securing a pest control company(subcontractor to be approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. 56 272 F. PESTICIDE, HERBICIDE, RODENTiCIDE AND INSECTICIDE RECORDS 1. All pesticides to be used that are designated "restricted" by the State of California Department of Pesticide Regulation, shall be approved by the City Representative prior to use. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators(P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioners Office. Records of all operations stating date and time treated, geographic location, field location, operator ID/permit number, operator's name and address, application name and address, site treated, acres planted, acres treated, application method, U.S. EPA/California pesticide registration number of product applied, pesticide product name and manufacturer, total amount of product applied, and name and signature of person preparing report shall be made and retained in an active file for a minimum of two(2)years by the Contractor. Copies of Contractor's pesticide training records shall be presented to the City within 24 hours of notice to produce such records. 3. Notification of Intent to spray or apply pesticides, herbicides, rodenticides and insecticides used by the Contractor on City property shall be submitted to the City Representative. The City Representative shall have access to all pesticide records upon request. The Contractor shall retain all records in accordance with Department of Agriculture regulations and requirements 4. Pesticides, herbicides, rodenticides and insecticides shall be applied in a manner to avoid non-target areas. Precautionary measures shall be employed since all areas will be open for public access during application. 5. The City shall reserve the right to reject the use of and pesticide, herbicide, rodenticide and insecticide at any time and for any reason of justification as determined by the City Representative. G. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM 1. The Contractor shall bear sole responsibility and cost for both labor and 57 273 materials for cleaning, repairing, adjusting and replacement of automatic sprinkler system components, (with the exception of backflow protection devices)as needed to insure operation of each sprinkler system according to original design and installation intent. If it is determined by City that sprinklers and sprinkler components have been vandalized, Contractor shall seek City's prior approval to make repairs; if approved, City shall be responsible for costs. Contractor's claims of irrigation system damage caused by vandalism shall be submitted to City in a written vandalism report in a format approved by the City. 2. The Contractor shall be responsible for the cleaning, repairing, adjusting and replacement of all items, at it 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 • Batteries • Plastic pipe fittings • Galvanized steel pipe • Galvanized steel fittings • Main lines • Sprinkler heads • Sprinkler assemblies • Riser assemblies • Quick coupler valves • Hose bibs • Gate valves 3. Replacement of any item shall be with a new item of identical model, make and manufacturer unless otherwise specified in writing by the City Representative. a. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe and galvanized steel pipe fittings, and remote control valve wiring: 1) Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). 2) Plastic pipe fittings and connections shall be PVC Schedule 40, 58 274 except nipples, which shall be Schedule 80. 3) If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 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. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacements. 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to insure the quality of backfill and compaction. 7. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor and City Representative shall consider the variation in size of plants, roots, soils, 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 landscaped and turf areas shall be irrigated as required to promote vigorous and healthy plant growth. 8. Contractor shall furnish the necessary labor to provide watering of all turf and landscape areas. This includes but is not limited to hand watering, operation of manual valves, proper utilization of automatic controllers, quick couplers, and the manual bleeding of remote control valves. 9. 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 in writing by the City). 10. Excessive watering shall be carefully 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. This may include hand watering with portable sprinklers during periods of windy or inclement weather. 11. Contractor shall be responsible for the programming of the automatic irrigation controllers as directed by the City Representative. Irrigation 59 275 schedules for the Central Control irrigation management system shall be managed by the City. Contractor shall not adjust Central Control system schedules without written approval. City may request a change of programming for all other controllers at any time 12. 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. 13. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within two (2) hours 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 at the sole discretion of the City. 14. Where conditions create a public hazard, Contractor take immediate action and repair damage and shall immediately report damage to the City Representative. 15. 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. 16. 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. H. IRRIGATING AREAS: It shall be the responsibility of Contractor to maintain, operate, and adjust watering schedules to weekly 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. 1. Watering a. Watering of the turf areas shall be done pursuant to local evapotranspiration (ETo) requirements or by Central Control irrigation management systems The Contractor shall provide ETo data,weekly to manually programmed automatic irrigation controllers 1) The automatic irrigation controllers shall be set to accommodate local ETo watering frequency which allows the conditions of the above to be satisfied, but which precludes 60 276 wetting of the soil to the point of saturation 2) Monday through Thursday, the automatic irrigation controllers shall be set to water during the hours of 10:00 p.m. and 7:00 a.m., unless park use prohibits, 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. 3) Exception to the above shall be directed by the City Landscape Representative in writing. 4) Contractor shall make adjustments to sprinkler heads as required to keep over-spray of sprinklers from walls and excessive runoff onto sidewalks, and streets. 5) Over watering, which is represented by excessive run-off, over saturation, or high use rates caused by the Contractor's negligence, may result in liquidated damages for water costs incurred by City. 6) 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. Watering of Shrub Areas a. The automatic irrigation controllers shall be set to water the shrubs at a rate which is determined by local ETo data, as approved by the City Representative. 3. Watering of Ground Cover& Shrub Planter Areas: Ground cover and shrub areas will be watered at a frequency determined by local ETO data, as approved in writing by the City Representative. a. The automatic irrigation controller shall be set at a watering frequency which allows the condition of above to be satisfied, but which minimizes water run-off onto the street and eliminates over-spray onto buildings, walls and walks. b. The automatic irrigation controllers shall be set at a watering frequency which allows the condition of above to be satisfied but which precludes watering of the soil to the saturation point. 61 277 C. The shrub and ground cover areas shall be watered between 9:00 p.m. and 7:00 a.m., unless the City Representative directs an alternate schedule in writing. d. Watering of flower areas shall correspond to that of the ground cover areas or as directed by the City Representative in writing. 4. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Irrigation Controller Program Log: To be completed and submitted to the City Representative within one business day when an irrigation program schedule is not pursuant to an ETo setting program. b. Vandalism Report:As stated in Section H.1., Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s) or component(s) damaged or stolen, and the number of components involved. Report shall be submitted within one (1) working day. 5. Irrigation Repairs: Non emergency irrigation repairs shall be completed by Contractor within eight (8) hours of reported problem using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative, shall be repaired or at a minimum contained within the same day as reported. 6. Repair Inspection: City irrigation inspections may occur within one working day of notification of services or repair completion. City Represenative will inspect and verify performance and service of repair. Should such inspections find the repair to be deficient, the Liquidated Damages clause of this Contract can be enacted at City's sole discretion. 7. Irrigation Materials: a. All replacement materials are to be identical manufacturer, type and model unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium-to-high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless directed otherwise approved in writing by 62 278 the City Representative. 8. Irrigation Trained Personnel:The Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation system operations, maintenance, adjustment and repair. This is to include 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. 9. Irrigation During Inclement Weather: Contractor will as directed by the City Representative, adjust irrigation controller to the"OFF"position during actual and forcasted periods of inclement weather. The Contractor will be responsible to return controllers and timers to the"ON" position when "ETO" demands indicated conditions are appropriate. I. MAINTENANCE OF SHRUB AND GROUND COVER AREAS 1. Scope: The Contractor shall be responsible for trimming and weeding in the medians and parkways every other week. Trimming shall be performed in a manner that does not alter the appearance of the landscaping, but presents a clean manicured appearance. Landscape Maintenance Assessment District Zones of Benefit 12, 15, 16, 18, 20, 21 and 22: The Contractor shall be responsible for edging and weeding in the medians and parkways every week. Edging shall be performed in a manner that does not alter the appearance of the landscaping, but presents a clean manicured edge. 2. Shrub and Ground Cover: Shrub and ground cover areas shall be cultivated to a depth of(1")and raked each month and all litter removed from the areas. Ground cover shall be kept neat in appearance and confined within curbs and intended borders. Landscape Maintenance Assessment District Zones of Benefit 12, 15, 16, 18, 20, 21 and 22: Ground cover areas shall be cultivated to a depth of(1") and raked twice each month and all litter removed from the areas. Ground cover shall be kept neat in appearance and confined within curbs and intended borders. Non-slope shrub planters and median islands shall be maintained and installed with bark mulch. Bark mulch shall consist of 100% recycled material and shall be 99% contaminant free, including litter and weed and/or weed seed. Mulch shall have a uniform size range from minus to 3". Mulch depth shall be maintained at minimum 2"depth and re-applied twice annually. Contractor shall submit mulch sample to the City Representative for approval prior to installation. 63 279 *Note: Ground cover areas of the Community Center and City Hall area shall be cultivated and raked weekly as per described method previously noted. Contractor shall maintain bark mulch depth at minimum of 2" depth and re- apply three times annually. J. MAINTENANCE OF TREES AND SHRUBS 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees care within designated medians, parkways, planters, slopes and parks, as provided. Tree care, as specified in this Contract, is limited to the removal of sucker growth, spouts, and limbs that obstruct the right of way and/or present a potential hazards, originating from the tree trunk, from the ground to the first eight (8) feet. 2. Maintenance of Trees and Shrubs: Shall be in accordance industry and International Society of Arboriculture(ISA)standards, and the standards and practices acceptable to the City, and any later amendments and consistent with the guidelines furnished below: a. Pruning for removal of dead, damaged or diseased parts. 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 standard plans. e. Median 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 needed to provide a neat and shapely appearance. Trimming shall not be excessive and limited to not more than 10% of growth removed, unless otherwise directed by City. Pruning method shall provide a natural shape by use of hand pruners and loppers. In no case shall hedge shears be used as a means of pruning unless prior authorization written from the City Representative has been provided. g. Shrubs shall be maintained at a height no greater than 1'/Z feet from top of curb at designated areas to allow for traffic safety, per standard 64 280 plans. 3. Tree Trimming: a. Trimming and pruning shall be performed per the standards of the International Society of Arboriculture (ISA). It is the Contractor's sole responsibility to obtain and practice these pruning standards on all tree work performed. The Contractor agrees to accept all responsibility for the replacement of trees damaged by Contractor's pruning operations, if so determined by the City that replacement is required. b. Where necessary, as determined by the City Representative, Contractor shall provide and post no parking signs 48 hours in advance of the work, except when emergency work is necessary. 4. Tree / Shrub Replacement: In emergency removal, no tree/shrub shall be removed without prior direction or approval of the City Representative. a. Trees or shrubs badly damaged and in need of replacement shall be brought to the attention of the City Representative. A report must be submitted for removal to City the same day or next business day. 5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. C. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace as needed. 65 281 K. SWALES, DRAINS AND BASINS: 1. Contractor shall maintain all swales and drains on a weekly basis to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2. Drains and collection boxes shall be cleaned and cleared of all debris. 3. Drain grates shall be inspected to restrict hazards. Contractor shall immediately inform the City of any broken or missing grates, and secure same to keep the area safe for public use. 4. Debris basins, retention basins and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash and tree branches. Contractor shall string trim or mow the bottom of all basins to a maximum height of 3", four (4) times annually. Contractor shall remove all trimmings. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. 5. Contractor shall maintain all tree, shrub and groundcover areas, including accompanying irrigation systems, adjacent to all debris basins, retention basins and detention basins as described herein. 6. Contractor shall provide weed abatement services within the Peach Hill Wash area (Zone of Benefit 10). Contractor shall string trim or mow the natural areas north and south of the channel to a maximum height of 3°, four (4) times annually. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. L. LITTER CONTROL 1. Daily, Contractor shall provide complete policing and litter pickup to remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and miscellaneous debris. This includes, but is not limited to all hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence lines, between and around planted areas, steps, planters, drains, catch basins, areas on slopes from the toe to the top of slope and turf areas. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of 66 282 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. Branches, paper trash and miscellaneous debris shall be removed from along the Peach Hill Wash (Zone 8) walkway, slopes and basin, as well as submerged debris within Peach Hill Wash. 5. Litter shall be removed from all pedestrian, bike, and hiking trails and three (3) feet on either side of trails adjacent to developed areas and City streets daily, unless otherwise stated. 6. Litter shall be removed from developed irrigated slope areas and undeveloped areas (3 feet out, up or down) adjacent to developed areas or roadways. 8. Litter picked up on site shall be placed in City supplied refuse bins and not in public use trash containers. M. TRASH CONTAINERS 1. Trash container receptacles in parkways, Metrolink Station and at City bus shelters (19) shall be emptied when they at 50 percent full, but no less than weekly. Trash can liners shall be placed in appropriate trash bins. Liners shall be shall be black in color and shall be of sufficient quality to contain trash without tearing. Contractor shall submit sample to City Representative for approval prior to installation. 2. Trash containers and receptacles shall be cleaned as needed to avoid concentrations of insects. N. TRASH BINS 1. A designated trash 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 by way of this contract. 3. Where provided by City, solid waste bins shall be stored in trash bin enclosures. Contractor shall be responsible cleaning trash bin enclosures of all trash and 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. 67 283 O. HARDSCAPES 1. All hardscapes such as, but not limited to, sidewalks, steps, patios, walkways, ramps, curb and gutters, medians and median noses, expansion joints and walls adjacent to City landscapes 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 concrete surfaces, parking lots and walkways adjacent to all areas. 3. Patios, sidewalks,walkways, and entry points at City Hall, Senior Center, and the Community Center shall be kept clear of all hazards. 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 immediately upon observance. P. GRAFFITI 1. On a daily basis, Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and police reporting prior to removal. The Contractor shall be responsible for removing graffiti that can be removed using a solvent specially formulated for graffiti removal and approved for such use by the City. If graffiti cannot be removed with said solvent, Contractor shall notify City immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor's first arrival to the designated work site a. 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. h. Exterior wall surfaces. i. Concrete walkways and parking lots. 68 284 j. Door surfaces. k. Curb and gutter in parking lots. I. Fences and block walls. m. Trash enclosures. n. Trash can receptacles. o. Stairs and hand rails. p. Bleachers. 2. All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. Q. MULTI-USE TRAILS AND STAGING AREA 1. Contractor shall fine grade, rake, remove all trail ruts and trash, remove all weeds and report all graffiti and potential trail hazards to the City Representative. Contractor shall provide trail maintenance services minimum once each month. After inclement weather, contractor shall inspect and repair all trails, remove trail ruts and clean adjacent hardscape surfaces. 2. Contractor shall remove all weeds from the Zone 15 gravel staging area. Contractor shall grade gravel surface and fill in ruts two (2) times annually. The Contractor shall provide a service schedule to the City Representative for approval. The City Representative may alter the schedule at any time. R. SHADYRIDGE BUFFER ZONE The two pedestrian gates must be opened at 6 a.m. Monday through Friday and secured in the open position. 69 285 EXHIBIT D AREAS TO BE MAINTAINED (AREA DESCRIPTIONS AND MAPS) 70 286 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE DESCRIPTION *SIZE *MAP Poindexter Avenue (CW1): Parkway (s): South side of Poindexter Avenue, east and west of 0.1 acres CW1 Sierra Avenue. Sidewalk, vines and planters. Tierra Rejada Road Parkways (CW2): Parkway(s): East and west side of Tierra Rejada Road from Los 0.3 acres CW2 Angeles Avenue southerly to Harvester Street. Tree wells, sidewalk, vines and planters. Tierra Rejada Road Median Islands (CW2a, 2b, 2c, 2d): Median Islands (s): Tierra Rejada Road between Los Angeles 1.3 acres CW2a Avenue and the flood control channel bridge. Median Islands(s):Tierra Rejada Road between the flood control CW2b channel bridge and the Southern California Edison (SCE) easement. Median Island (s): Tierra Rejada Road between the SCE CW2c easement and Spring Road. Median Island (s): Tierra Rejada Road between Spring Road and CW2d the City limits, east of the Hwy 23 overpass. Mountain Trail Street Median Islands (CW3a): Median Island (s): Mountain Trail Street between Tierra Rejada 0.3 acres CW3a Road and Mountain Meadows Drive. Fountain (CWF): Mountain Meadows Plaza at the corner of Tierra Rejada Road n/a CWF and Mountain Trail Street. Planters. Spring Road Parkways — South of LA Avenue (CW4): Tree wells on the west side of Spring Road between Peach Hill 0.6 acres CW4 Road and Christian Barrett Drive. Parkway(s): East side of Spring Road between Peach Hill Road and the flood control channel bridge. Sidewalk, vines and planters. Parkway(s): East side of Spring Road from Peach Hill Road southerly approximately 600'. Sidewalk, vines and planters. Marborough Corner: Southwest corner of Peach Hill Road and Spring Road. Sidewalk, vines and planters. Spring Road Median Islands — South of LA Avenue CW4a, 71 287 4b): 2.0 acres Median island (s): Spring Road between Los Angeles Avenue and CW4a Peach Hill Road. Median island (s): Spring Road between Peach Hill Road and CW4b Tierra Rejada Road. High Street (CW5): High Street Pedestrian Park: South side of High Street between 1.0 acre CW5 Bard Street and Walnut Street. Parkway (s): North and south side of High Street between Moorpark Avenue and Spring Road. Sidewalk, planters and tree wells. Los Angeles Avenue at Millard Street (CW6): Parkway (s): North side of Los Angeles Avenue between Millard 0.2 acres CW6 Street and Spring Road. Sidewalk, vines and planters. Princeton Avenue Parkways (CW7): Parkway(s): East side of Princeton Avenue from the 118 Freeway 0.15 acres CW7 northerly to Campus Park Drive. Sidewalk and planters. Parkway (s): West side of Princeton Avenue from the 118 Freeway northerly to Amherst Street. Sidewalk and planters. Princeton Avenue Median Islands (CW7a, 7b): Median (s): Princeton Avenue between the southerly end of 0.15 acres CW7a Condor Drive and the 118 Freeway overpass. Median (s): Princeton Avenue between the 118 Freeway CW7b overpass and Campus Park Drive. Campus Park Drive Parkways (CW8): Parkway (s): Southwest side of Campus Park Drive from 0.2 acres CW8 Cambridge Street easterly to the commercial center. Sidewalk and planters. Parkway (s): South side of Campus Park Drive from Princeton Avenue easterly to Penn Street. Campus Park Drive Median Islands (CW8a, 8b): Median (s): Campus Park Drive between Princeton Avenue and 0.5 acres CW8a Penn Street. Median (s): Campus Park Drive between Penn Street to Collins CW8b Drive. Campus Park Drive at Collins Drive (CW9): Parkway (s): North side of Campus Park Drive from Collins 0.3 acres CW9 westerly to the Flood Control Channel. Sidewalk and planters. Parkway (s): West side of Collins from Benwood Drive southerly to Campus Park Drive. Sidewalk and planters. Los Angeles Avenue at Tierra Rejada (CW10): Parkway (s): South side of Los Angeles Avenue from Mira Sol 0.3 acres CW10 Drive easterly approximately 600' east of Maureen Lane. Tree 72 288 wells, sidewalk, vines and planters. Spring Road Parkways — North of LA Avenue (CW11): Parkway(s): West side of Spring Road, from the Railroad tracks 0.6 acres CW11 southerly to Los Angeles Avenue. Tree wells, sidewalk,vines and planters. Parkway (s): East side of Spring Road between the Railroad tracks and Flinn Avenue. Tree wells, sidewalk. Spring Road Medians — North of LA Avenue (CW11a): Median (s): Spring road south between railroad tracks and Flinn 0.1 acres CW11 a Avenue. PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 73 289 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 1, 2 & 10) SO P...... 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SATE MARCH 9, 2011 75 291 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 2c, 2d & 4, 4a, 4b) LOS AUrFI Fl;AV d /�W o RIOT D -_ lr V ''F z �.t 7� DON 90F p0 9 L'y OUTHFORK n� a , � a rn V ST o - CW4 tr p m NI j Z m� Z J U Q O w O Z Z O J O 0 Q m U Z ~ 6D N ESTERFIELO IYOD FT 'n �j m d o B� A o s D 4 < mPN (yP z E ---ST MAYAC �p00�9 z CIO W CW2 O � 5� OD:" YBROOK LN 1 a�E r� NN Sys` PS\ GRx BU w OO ,2,P P �r7 SM v �� oOD pZ NEE EUP�PHEp JJ RpJ O P O O E 4"IN WI "Am Q ti U O WINT ➢7 z ILLE CT A Soo EISHA LEGEND: SUNNY_... stop P` Q ---m CITYWIDE ME IAN ® CITYWIDE ASS SSMENT ZONE CW2C CW# CITYWIDE ZONE DESIGNATION N MBER - City of Woopark NDDTD 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 76 DATE MARCH 9,2011 292 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 5, 6, 11, 11a) O 1 VIEJ D C CW5 LE Z �2 -- - z Uc 36 co PRI GETON CW5 11a DEXTER AV DOROTHY AV F isT —-- V > - Q ALLEY Z lll2 D� — W 0 _ Fq NDq T 0 -- LL ALLEY - v �ARAH AV F z " :2 LIN V LE CW11 USAN AV ALLEY OB RT AV ROBERT ESTHER AV Q } 0 -- W OONSON CT V J J W U co ct Q U) CW6 Z LEGEND: T TT 0� .--. CITYWIDE MEDIAN EST LN d O FOLK` ® ITYWIDE ASSESSMENT Z 0f Z jNE RIDON� O� MAJESTI(- T CW# CI DE ZONE - DESI N N � y so r o � 0 City of 31oopark NDITN 799 MOORPARK AVE NORTH o MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9,2011 77 293 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 7, 7a, 7b, 8, 8a) Q J�' �- p,FtYMO Q .o w N w � O?- AYL o CW8 a CW8 z '�A A Fp�, co po�FST n � a CW8 Q n -j r U � O TM ' • 0 0 ON co - - AM US ST 2 G z tr N� E OXF w w ~ Q C u P a z Q o = CL LL CAM PA E WE HARTFORD ST __ CW7b HWY1 LEGEND: • • CITYWIDE MEDIAN Q CITYWIDE ASSESSMENT G z CW7 ® ZONE RNP pA L CW# CITYWIDE Z J DESIG ON NUM � a City of 9Voopark NBBTI 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 78 BATE MARCH 9,2011 294 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 8b, 9) LEGEND: LL ® CITYWIDE ASSESSMENT ZONE CW# CITYWIDE ZONE DESIGNATION NUMBER CW9 0 C CW8 T CW9 O KENO O DR PAR nn AM US P CAMBUI PARK co C U PAP iP d U O C) Ll S 0. Q CAM F[ PARK _'ST City of 3loopark NRRTY 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 79 RATE MARCH 9, 2011 295 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONES OF BENEFIT DESCRIPTION *SIZE *MAP Zone 1 (Tract 2851): Parkway (s): East side of Pecan Avenue between Campus Park 1.4 acres Z1 Drive and Bambi Court. Sidewalk and planters. Parkway (s): North side of Bambi Court between Pecan Avenue and Benwood Drive. Sidewalk and planters. Parkway (s): East side of Benwood Drive between Bambi Court and north Benwood Drive. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. Zone 2 (Tract 2865): Parkway (s) & slope (s): West side of Spring Road, south of 3.3 acres Z2 Monte Vista Park to approximately 75' south of Christian Barrett Road, including entry planters. Sidewalk,turf,vines and planters. Parkway (s) & slope (s): South side of Christian Barrett Road between Spring Road and Willow Creek Lane. Sidewalk, vines and planters. Parkway (s) & slope (s): North side of Tierra Rejada Road, from the southwest property line of the commercial center westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway (s) & slope (s): South side of Tierra Rejada Road from approximately 75' east of Keisha Drive westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s)&slope(s): East side of Peach Hill Road from Tierra Rejada Road southerly to Christian Barrett Road. Sidewalk and planters. Zone 3 (Tract 3032): Parkway (s): South side of Peppermill Street. Sidewalk and 0.1 acres Z3 planters. Parkway (s): South side of Los Angeles Avenue from the east property line west of Buttercreek Road easterly to Mira Sol Drive. Tree wells, sidewalk, vines and planters. Zone 4 (Tract 3274): 0.5 acres Z4 Parkway (s): North side of Williams Ranch Road between Granidilla and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Road from the SCE Easement westerly to the west end of Williams Ranch Road. 80 296 Turf, planters and sidewalk. Parkway (s): SCE barrier landscape area. Planters Zone 5 (Tract 3019 & Tract 3025): Parkway (s) & slope (s): West side of Peach Hill Road between 4.5 acres Z5 Williams Ranch Road and Tierra Rejada Road. Sidewalk,turf and planters. Parkway (s) & slope (s): North and South side of Tierra Rejada Road between Peach Hill Road and the SCE easement, including the entry statements at Pheasant Run Street. Sidewalk and planters. Zone 6 (Tract3306): 1,500 s.f. Z6 Parkway (s): West end of Inglewood Street Zone 7 (Moorpark Square Industrial): 0.8 acres Z7 Parkway (s): North side of Los Angeles Avenue from Gabbert Road easterly to the property line east of Shasta Avenue. Turf, sidewalk and planters. Zone 8 (Home Acres Buffer Zone): 1.4 acres Z8 The fenced landscaped area at the west end of Shadyridge Drive Turf, sidewalk and planters. Zone 9 (Moorpark Business Center): Parkway and planter at the southwest corner of Condor Drive and 0.4 acres Z9 Princeton Avenue. Zone 10 (Mountain Meadows): The landscape area adjacent to both sides of the Peach Hill Wash 17 acres Z10 channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Road on the north side of the channel, including the slope and landscape areas behind the adjacent shopping center at Tierra Rejada Road and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, west of Mountain Trail Street, behind the houses fronting Shadyridge Drive, including the north slope area adjacent to Mountain Trail Street. Planters and natural areas. Parkway (s) and slope (s): North and south side of Tierra Rejada Road between the flood control channel bridge and Countrywood Drive, including the entry statements at Countrywood Drive. Sidwalk, turf and planters. Parkway(s) and slope (s): Southwest side of Tierra Rejada Road between Countrywood Drive and the Voris Shopping Center. 81 297 Sidewalk and planters Parkway (s) and slope (s): North side of Tierra Rejada Road between Mountain Trail Street and the SCE easement. Parkway (s) and slope (s): South side of Tierra Rejada Road between Mountain Meadow Drive and the SCE easement. Zone 11 (Tract 4173): Landscaped parkway at the northeast and southeast corners of 0.1 acres Z11 Pecan Avenue and AI ssas Court. Turf and sidewalk. Zone 12 Parkways (Carlsberg Ranch): 9.2 acres Z12 Parkway (s): East side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Parkway (s): West side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Hillside: West side of Miller Parkway across from Olive Street. Center of Stagecoach east to Miller Park. Shawnee to Flow basin. Natural areas. Parkway (s): North side of Tierra Rejada Road from Spring Road to the south bound Hwy 23 off-ramp. Sidewalk and planters. Hillside: North side of Tierra Rejada Road between the 118 Freeway southbound off-ramp easterly to a location approximately 300' east of Miller Parkway. Natural areas. Planters: North side of Tierra Rejada Road between Miller Parkway and Spring Road: Back of sidewalk to v-ditch. Sidewalk, planters and natural area. Parkway (s) and slope (s): East side of Spring Road from Tierra Rejada road northerly to a point approximately 600' south of Peach Hill Road. Slope landscape area is from Tierra Rejada Road northerly approximately 750' from Tierra Rejada Road. Sidewalk, turf, planters and natural areas. Zone 12 Median Islands (Carlsberg Ranch): 3.0 acres Z1 2a Median islands (s): Miller Parkway between Los Angeles Avenue Z12b and Peach Hill Road. Median islands (s): Miller Parkway between Peach Hill Road and Tierra Rejada Road Zone 14 (TR 5201): Parkway (s): North side of Peach Hill Road from Rolling Knoll 0.3 acres Z14 Drive easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Drive from Peach Hill Road northerly to property line. Sidewalk and planters. 82 298 Zone 15 Parkways (TR 4928 Moorpark Country Club Estates): 9.0 acres Z15 Parkway (s), planter (s) & multi-use trail (s): South side of Championship Drive between curb and back of multi-use trail from Walnut Canyon Road westerly to Grimes Canyon Road. Sidewalk, multi-use trail, turf and planters. Entry statement areas and parkway (s): North and south side of Championship Drive at Walnut Canyon Road and Grimes Canyon Road. Sidewalk, turf and planters. Multi-use trail (s): Decomposed granite multi-use trails from Walnut Canyon Road westerly to Grimes Canyon Road and southerly parallel to Grimes Canyon Road to the staging area. Decomposed granite multi-use trails from Championship Drive southerly approximately 750' to the end of the debris basin. Staging Area: Gravel parking area adjacent to Grimes Canyon Road. Zone 15 Median Islands (TR 4928 Moorpark Country Club Estates): 0.2 acres Z1 5a Median (s): Median islands at Championship Drive and Walnut Z1 5b Canyon Road. Median (s): Median islands at Championship Drive and Grimes Canyon Road. Zone 16 (TR 5161 Cabrillo): Parkway (s): West side of Gisler Road from Poindexter Avenue 0.4 acres Z16 southerly to Olympus Street. Sidewalk, vines and planters. Parkway (s): West side of Fuji Street and West side of Reyes Street at property line. Sidewalk, vines and planters. Parkway (s): South side of Poindexter Avenue between Gisler Road and westerly property line. Sidewalk, tree wells, vines and to rf. Zone 18 (Tr 5307 Colmer): Parkway (s): North side of Los Angeles Avenue between Flory 0.5 acres Z18 Street and Millard Street. Sidewalk, turf, vines and planters. Parkway (s) & basin (s): East side of Flory Street from Los Angeles Avenue to northerly property line. Sidewalk, vines and planters. Zone 20 Parkways and Slopes (Tr 5187 Resmark) Parkway (s): West side of Walnut Canyon Road from the 25.0 acres Z20 southerly property line of Tract 5405 to the end of the VCWPD basin. Planters. Parkway (s): North and south side of Meridian Hills Drive from 83 299 Walnut Canyon Road to Ridgemark Drive, including the entry statement areas at Walnut Creek Drive. Sidewalk, turf, vines and planters. NPDES Basin (s): Basin and adjacent slopes at the southwest corner of Meridian Hills Drive and Walnut Canyon Road. Planters, vines and natural areas. NPDES Basin (s): Basin and adjacent slopes west of the recreation center. Planters, vines and natural areas. Slope (s)and planter(s): Slope adjacent to the west side of Tract 5405. Slope area at the southerly end of Tract 5405. Slopes adjacent to the west side of the VCWPD basin and adjacent to the west side of the Walnut Creek basin. Slopes and landscape areas adjacent to the project monument southwest of the VCWPD basin. Slope and landscape areas on the north side or Meridian Hills Drive from Walnut Creek Road to the entry at Breezy Glen Drive. Slope and landscape areas adjacent to the north side of Meridian Hills Drive from the Recreation Center to Ridgemark Drive. Slope and landscape areas adjacent to the south side of Meridian Hills Drive from Ridgemark Drive to the easterly property line across from the recreation center. Sidewalk, vines and planters. Multi-use trail (s): Decomposed granite multi-use trails from Ridgemark Drive easterly to the VCWPD basin. Decomposed granite multi-use trails from the VCWPD basin northerly to the souther end of the debris basin adjacent to Championship Drive. Zone 20 Median Islands (Tr 5187 Resmark) Median island (s): Median Islands from Walnut Canyon Road to 0.3 acres Z20a Ridgemark Drive. Zone 21 (Tract 5133 Shea Homes): 0.2 acres Z21 Parkway (s): South side of Los Angeles Avenue between east property line and west property line. Turf, planters, vines and sidewalk. Zone 22 Parkways and Slopes (Tr 5045 Moorpark Highlands): 60 acres Z22 Parkway (s): East and west side of Spring Road from Charles Street northerly to Walnut Canyon Road. North and south side of Ridgecrest Avenue from Spring Road easterly to east end of Hightop Street. East side of Elk Run Way from Ridgecrest Avenue southerly to Mammoth Highlands Park. Sidewalk, turf, vines and planters. Slope (s): East and west side of Spring Road from Charles Street northerly to Walnut Canyon Road. South side of Ridgecrest Avenue from Spring Road easterly to east property line of PA-7 84 300 (East of Hightop Street). North side of Ridgecrest from Spring Road easterly to `v' ditch west of Hightop Street. North side of Ridgecrest from Hightop Street westerly to Hightop Street. East side of Elk Run Loop from Ridgecrest Avenue southerly to property line at Mammoth Highlands Park. Planters and natural areas. Basin (s): Three debris basins on the west side of Spring Road and adjacent slopes. Detention basin and adjacent slopes at the southeast corner of Walnut Creek Road and Spring Road Detention basin and adjacent slopes at the northeast corner of Hightop Street and Ridgecrest Avenue. Detention basin, adjacent slopes and natural area adjacent to the west side of Hightop Street. Detention basin and adjacent slopes at the southerly end of Timber Hollow Lane. Planters, vines and natural areas. Multi-use trail (s): West side of Spring Road from Charles Street northerly to Walnut Canyon Road. East side of Spring Road from Ridgecrest Avenue northerly to Walnut Canyon Road. North side of Ridgecrest Avenue from Spring Road easterly to Hightop Street. Adjacent to the east perimeter of PA-7. Adjacent to the north, west, and east perimeter of PA-8/9, including trees and irrigation system. Zone 22 Median Islands Jr 5045 Moorpark Highlands): Median (s): Spring Road from Charles Street northerly to Walnut Z22a Canyon Road. Median (s): Ridgecrest Avenue from Spring Road easterly to the Z22b east end of Hightop Street. Z22c Median (s): Elk Run Way from Ridgecrest southerly to Mammoth Highlands Park property line. Z22d Median (s): Elk Run Way from Spring Road easterly to Timber Hollow Lane. PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 8s 301 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 1 & 11) LEGEND: m m� ZONE OF BENEFIT MEDIAN ISLAND ® ZONE OF BENEFIT Z 11 LL Z# ZONE OF BENEFIT 0 ASSESSMENT NUMBER i �J '- CT U) z1 J O Q' F- Z 0 DR O BENOOD�..... � - 0 O U I Z AM B I CT _ w CAMPUS PARK DRIVE - � K 0 co Z1 IPA co � O L S a" � V City of-%foopark N/ITI 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 86 IATE MARCH 10, 2011 302 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 2 & 14) STERFIELD p ci OD �D D ° J w �;AT E R w y f- 0 o ? 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Z22 1 Z22 OMTO LE City of fMoopark NORTH %_ �A �R� C�,7 799 MOORPARK AVE . `F p MOORPARK CA,93021 SCALE N.T.S. 9 7 DATE MARCH 10, 2011 W (...J LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT MISCELLANEOUS PROPERTIES DESCRIPTION *SIZE *MAP 310 High Street— Metrolink Station: North parking lot, south parking lot, Metrolink Station and M1 walkways, pedestrian access park south of the railroad tracks 6.4 Acres between Moorpark Avenue and the Metrolink parking lot, all landscape planters, access drive and the High Street landscape frontage. 661 Moorpark Avenue: Residential MRA owned residence. Landscape areas and parkway east of Property M2 the roe fence and between the north and south roe line. 18 High Street: MRA owned office property. Landscape frontage on High Street Office M3 and Moorpark Avenue, south property line fence, parking lot and Building planters. 798 Moorpark Avenue: Office M4 MRA owned office property. Landscape frontage on Everett Building Street and Moorpark Avenue, parking lot and planters. 782 Moorpark Avenue: Office MRA owned office property. Landscape frontage on Moorpark Building M5 Avenue. 33 High Street: Office M6 MRA owned office property. Landscape frontage on High Street, Building parking lot and planters. 250 Los Angeles Ave: Residential M7 MRA owned Residence. Landscape areas and driveway. Property 627 Fitch Avenue - Moorpark Public Services Facility Office M8 (MPSF): Building Landscape areas and parking lot. 699 Moorpark Ave - Moorpark Library: Library Landscape areas and parking lot. facility M9 799 Moorpark Avenue— Moorpark Civic Center: Office All landscaped areas at the Civic Center Complex (City Hall, Buildings M10 Office (s), Annex (s), Community Center, Parking Lots)— Does 3.5 acres not include the Community Center Park. Public Parking Lot: Parking lot and landscape areas on the south/west corner of High 0.1 acres M11 98 314 Street and Moorpark Avenue. 1449 Walnut Canyon Road: Residential M12 MRA owned residence Property 100 High Street— US Postal Service Office Landscape areas and parking lot. Building M13 610 Spring Road — Police Services Center Office Landscape areas and parking lot Buldin M14 Bus Shelters: Bus See Map Em trash receptacles at 19 bus stops once a week. Shelters PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 99 315 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS MISCELLANEOUS PROPERTIES M4 0 M5 LEGEND: MISCELLANEOUS LL o U. ® PROPERTY m M6 M13 m MISCELLANEOUS a M# PROPERTY NUMBER j G�5 YBQ_. M 10 E_V E 1 ST BONNI tiC y c M9 0 qPMrr vl c M12 m RAILROAD TRACKS DO O HY V _ F M2 ALL-Y 0 } M8 0 Q - LL ALLEY mil � FLINN Z AV At � M13 M3 M1 LEY ROBERTS AV R R O RA W 0 OONSO CT J O C U LOS in _Z v T TT n TRI a Q - -- � M7 a RIDON 9C L. ~ "OO 9 V OLITHFORK O O� City of Woopark MITI VIM 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 100 IATE MARCH 9, 2011 316 .�-- �� 1. CITY BUS SHELTER LE TV • 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS CITY BUS SHELTERS Q J ARYMO U � U � Q W N W ~ � O Ir y�BENOOD DR G O O -- BAMBI CT gNFO — AM US P c Bm R Z co Z of 2 U O I U Q C U P �1P O u O = as U U CAM j PARK ST HARTFORD ST HWY 118 ---- ---- — Z N p PG\F\G o Sov�N � ui U _Z J � 4 } O LEGEND: z ® CITY BUS SHELTER c� City of lloopark N16TY VIM 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. 102 HATE MARCH 9, 2011 318 EXHIBIT E COMPENSATION 103 319 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE DESCRIPTION Year 1 Years 2-4 Monthly Bid Monthly Bid Amount Amount Poindexter Avenue CW1 Tierra Re'ada Road Parkways CW2 Tierra Re'ada Road Median Islands CW2a, 2b, 2c, 2d Mountain Trail Street Median Islands CW3a Fountain CWF Spring Road Parkways— South of LA Avenue CW4 Spring Road Median Islands — South of LA Avenue CW4a, 4b High Street CW5 Los Angeles Avenue at Millard Street CW6 Princeton Avenue Parkways CW7 Princeton Avenue Median Islands CW7a, 7b Campus Park Drive Parkways CW8 Campus Park Drive Median Islands CW8a, 8b Campus Park Drive at Collins Drive CW9 Los Angeles Avenue at Tierra Re'ada CW10 Spring Road Parkways — North of LA Avenue CW11 Spring Road Medians — North of LA Avenue CW11 a Total THE CITY RESERVES THE RIGHT TO DISCONTINUE MAINTENANCE SERVICES AT ANY OF THE LOCATIONS LISTED,AT ANY TIME. THE CONTRACTOR'S MONTLY BID AMOUNT SHALL REMAIN IN AFFECT FOR EACH LANDSCAPE AREA UNTIL THE AGREEMENT WITH THE CITY AND CONTRACTOR HAS BEEN TERMINATED. 104 320 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONES OF BENEFIT DESCRIPTION Year 1 Years 2-3 Monthly Bid Monthly Bid Amount Amount Zone 1 Tract 2851 Zone 2 Tract 2865 Zone 3 Tract 3032 Zone 4 Tract 3274 Zone 5 Tract 3019 & Tract 3025 Zone 6 Tract 3306 Zone 7 (Moorpark Square Industrial Zone 8 Home Acres Buffer Zone Zone 9 (Moorpark Business Center Zone 10 Mountain Meadows Zone 11 Tract 4173 Zone 12 Parkways (Carlsberg Ranch) Zone 12 Median Islands (Carlsberg Ranch) Zone 14 JR 5201 Zone 15 Parkways JR 4928 Moorpark Country Club Estates: * Zone 15 Entry statements JR 4928 Moorpark Country Club Estates): Entry statement areas and parkways on the North and south side of Championship Drive at Walnut Canyon Road and Grimes Canyon Road. * Zone 15 Median Islands JR 4928 Moorpark Count Club Zone 16 Tract 5161 Cabrillo Zone 18 Tract 5307 Colmer *Zone 20 Parkways and Slopes Tract 5187 Resmark * Zone 20 Median Islands Tract 5187 Resmark * Zone 21 Tract 5133 Shea Homes Zone 22 Parkways and Slopes Tr 5045 Moorpark Highlands) *Zone 22 Parkways and slopes (PA-7): South side of Ridgecrest Avenue from Elk Run Loop easterly to the east property line of PA-7 (East of Hightop Street). East side of Elk Run Loop from Ridgecrest Avenue southerly to the property line at Mammoth Highlands Park. * Zone 22 Multi-use trails Tr 5045 Moorpark Highlands): West 105 321 side of Spring Road from Charles Street northerly to Walnut Canyon Road. East side of Spring Road from Ridgecrest Avenue northerly to Walnut Canyon Road. North side of Ridgecrest Avenue from Spring Road easterly to Hightop Street. Adjacent to the east perimeter of the PA-7. Adjacent to the north, east and west perimeter of PA-8/9, including trees and irrigation system. Zone 22 Median Islands Tr 5045 Moorpark Highlands) Total * THE MAINTENANCE PERIOD FOR EACH AREA DESIGNATED BY AN ASTERISK (*) SHALL NOT BEGIN WITHOUT PRIOR CITY APPROVAL. CONTRACTOR SHALL BE NOTIFIED IN WRITING AS TO THE DATE TO COMMENCE MAINTENANCE SERVICES. THE CITY RESERVES THE RIGHT TO DISCONTINUE MAINTENANCE SERVICES AT ANY OF THE LOCATIONS LISTED,AT ANY TIME. THE CONTRACTOR'S MONTLY BID AMOUNT SHALL REMAIN IN AFFECT FOR EACH LANDSCAPE AREA UNTIL THE AGREEMENT WITH THE CITY AND CONTRACTOR HAS BEEN TERMINATED. 106 322 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT MISCELLANEOUS PROPERTIES DESCRIPTION Year 1 Years 2-3 Monthly Bid Monthly Bid Amount Amount 310 High Street— Metrolink Station 661 Moorpark Avenue 18 High Street 798 Moorpark Avenue 782 Moorpark Avenue 33 High Street 250 Los Angeles Ave 627 Fitch Avenue - Moorpark Public Services Facility MPSF 699 Moorpark Ave - Moorpark Library 799 Moorpark Avenue — Moorpark Civic Center Public Parkin Lot * 100 H ig h Street— US Postal Service * 610 Spring Road - Police Services Center 1449 Walnut Canyon Road Bus Shelters Total * THE MAINTENANCE PERIOD FOR EACH AREA DESIGNATED BY AN ASTERISK (*) SHALL NOT BEGIN WITHOUT PRIOR CITY APPROVAL. CONTRACTOR SHALL BE NOTIFIED IN WRITING AS TO THE DATE TO COMMENCE MAINTENANCE SERVICES. THE CITY RESERVES THE RIGHT TO DISCONTINUE MAINTENANCE SERVICES AT ANY OF THE LOCATIONS LISTED,AT ANY TIME. THE CONTRACTOR'S MONTLY BID AMOUNT SHALL REMAIN IN AFFECT FOR EACH LANDSCAPE AREA UNTIL THE AGREEMENT WITH THE CITY AND CONTRACTOR HAS BEEN TERMINATED. 107 323