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HomeMy WebLinkAboutAGENDA REPORT 2017 0906 CCSA REG ITEM 09B ITEM 9.B. CITY O r MOORPARK,CALIFORNIA City Council Meeting of 61-4 -A0 MOORPARK CITY COUNCIL AcTiON44 4,4,4d,,l '_ AGENDA REPORT .1• • � �;"15.. BY: *_, .,4o TO: ' The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director J� BY: Jason La Riva, Landscape/Parks Maintenance Superintendent DATE: August 28, 2017 (CC Meeting September 6, 2017) SUBJECT: Consider Award of Agreement for Park Landscape Maintenance Services to Stay-Green, Inc., and Resolution Amending the Fiscal Year 2017/18 Budget BACKGROUND The current contract for park landscape maintenance services expires on September 30, 2017. On July 26, 2017, the City Council approved the Park Landscape Maintenance Bid Documents and Specifications for the City's eighteen park sites and natural walking trails, and directed staff to solicit bid proposals from qualified contractors. The City Clerk advertised the notice inviting sealed bids for Park Landscape Maintenance Services on August 1 and August 8, 2017, and staff held a mandatory pre- bid conference and park tour on August 16, 2017. Seven contractors attended the pre- bid conference and the City received five bid proposals prior to bid opening on August 28, 2017, including a bid from the current landscape contractor, Venco Western, Inc. (Venco). DISCUSSION The City Council is being asked to award a nine (9) month contract, with an option to extend the contract for three (3) additional one (1) year terms to the lowest bidder, Stay- Green, Inc. (Stay-Green), for park landscape maintenance services. Staff has verified that the contractor has the required experience and the necessary licenses, as outlined in the bid documents and specifications. 166 Honorable City Council September 6, 2017 Page 2 The five (5) bid proposals that the City received are as follows: ADDITIVE/ BIDDER MONTHLY NINE ANNUAL ALTERNATE BID MONTH BID BID TOTAL BID (MULCH) Stay-Green, Inc. $34,920.00 $314,280.00 $419,040.00 $26,920.00 Venco Western, Inc. $39,756.00 $357,804.00 $477,072.00 $140,000.00 Oakridge Landscape, Inc. $41,681.00 $375,129.00 $500,172.00 $43,710.00 Mariposa Landscapes, Inc. $49,576.00 $446,184.00 $594,912.00 $6,775.25 Azteca Landscape $64,838.00 $583,542.00 $778,056.00 $11,816.80 The apparent lowest bid for park landscape maintenance services was submitted by Stay-Green at a total nine month cost of $314,280.00, or total annual cost of $419,040. The current annual cost for landscape maintenance services with Venco is $322,056. The Stay-Green bid is an increase of $96,984 over current costs. The increase in maintenance costs is likely due to increases in normal business expenses such as insurance, equipment, supplies, and wages. Staff surveyed local municipalities and park districts to see if they also realized increases in landscape maintenance costs. Most agencies have experienced an 8 - 20% increase in similar landscape maintenance services, and sources indicate that the trend is expected to continue. The primary reason for the cost increases appears to be an increase in labor costs due to increases in prevailing wage rates and a rebounding economy. Contractors are having difficulty retaining quality staff due to the fact that jobs are readily available in the construction industry. The bidders were asked to include an additive cost item to do twice annual bark mulch installations, which would have added an additional $36,920 to the Stay-Green Bid. The bid item was for labor only, as staff will either purchase the mulch or utilize the wood chips produced from the City's regular tree trimming services. Staff has elected not to include this additive cost item and will install bark mulch on an as needed basis through separately bid contracts. Bark mulch is necessary to control weeds and retain soil moisture. As a reminder, on July 1, 2015 the City Council approved the Drought Action Plan (DAP) that was prepared in response to the recent drought. A component of the DAP was the removal of approximately nineteen acres of turf and the installation of drought tolerant and California native plant material,•including the installation of bark mulch. This work was completed in 2016 with funding from the Metropolitan Water District's Turf Rebate Program. Over the next several years, staff intends to install additional plant material to the planter areas. As the plant materialestablishes and provides cover to the planters, the need for bark mulch will be significantly reduced. Over the initial nine month term of the contract, staff will be exploring ways to cut landscape maintenance costs such as performing maintenance on the smaller parks (Walnut Acres, Villa Campesina, Veterans Memorial, Virginia Colony, Magnolia Park) with in-house staff or by bidding those parks out separately to smaller landscape companies that may be able to perform the work at a lower cost due to lower overhead. 167 Honorable City Council September 6, 2017 Page 3 The table below represents a side by side comparison of the City's current monthly landscape maintenance costs, Stay-Green's monthly service cost proposal, and the cost increase per park site ("variance"). CURRENT BID PROPOSAL PARK/SITE MONTHLY MONTHLY (Venco Western) (Stay Green 8/28/17) (variance) Arroyo Vista Community Park $10,016.00 $11,645.00 16.3% Campus Park $1,382.00 $1,745.00 26.3% Campus Canyon Park $554.00 $985.00 77.8% Community Center Park $913.00 $1,245.00 36.4% Country Trail Park $1,368.00 $1,745.00 27.6% College View Park $895.00 $1,215.00 35.8% Glenwood Park $715.00 $1,025.00 43.4% Magnolia Park $550.00 $825.00 50.0% Mammoth Highlands Park $846.00 $1,215.00 43.6% Miller Park $976.00 $1,345.00 37.8% Monte Vista Park $884.00 $1,225.00 38.6% Mountain Meadows Park $1,499.00 $1,965.00 31.1% Peach Hill Park $1,705.00 $2,245.00 31.7% Poindexter Park $1,208.00 $1,685.00 39.5% Tierra Rejada Park $1,237.00 $1,685.00 36.2% Veterans Memorial Park $360.00 $625.00 73.6% Virginia Colony Park $324.00 $625.00 92.9% Villa Campesina Park $360.00 $625.00 73.6% Serenata Trail $391.00 $625.00 59.8% Walnut Acres $655.00 $625.00 -4.6% TOTAL $26,838.00 $34,920.00 30.1% FISCAL IMPACT The nine month bid submitted by Stay-Green in the amount of $314,280, is equivalent to a total annual cost of$419,040. Funding for landscape maintenance services in the amount of $322,092 was included in the FY 17/18 budget. From July to September, landscape maintenance costs will total $80,523, which results in a remaining budget balance of $241,569. The bid submitted by Stay-Green includes a cost of $314,280. The costs for Walnut Acres Park included a $33.33/month savings over the current costs, which represents savings of $299.97 for the 9-month term, which will not be spent out of the Walnut Acres Park line item. In order to fully fund parks landscape maintenance for the other parks for the 9 month term, a budget amendment from the General Fund Reserve (1000) totaling $73,011 is 168 Honorable City Council September 6, 2017 Page 4 being requested for the remainder of FY17/18. Contingency for various landscape repairs is already included in the FY17/18 budget. Staff recommends awarding an agreement to Stay-Green in the amount of $364,280 for the initial nine month term, which expires on June 30, 2018. This includes a $50,000 contingency for various landscape repairs. The term of the agreement is for nine months initially, with an option to extend the agreement for three (3) additional one (1) year terms, and includes an annual contract value of $484,040 for every subsequent year the agreement is extended. The annual cost includes a $65,000 contingency for various landscape repairs. The contingency amount is reduced during the first nine month to account for the reduced contract term. The total contract value for parks landscape maintenance services over the three year and nine month term is $1,816,400. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Award agreement for Park Landscape Maintenance Services to the lowest bidder, Stay Green, in the amount of $364,280 for the initial nine (9) month term of the Agreement and $484,040 annually for every subsequent year that the contract is extended, and authorize the City Manager to execute the agreement, subject to final language approval by the City Manager; and 2. Adopt Resolution No. 2017- amending the FY 2017/18 budget to appropriate $73,011 from the General Fund Reserve (1000) to the Parks Division (2390). Attachments: 1. Agreement 2. Resolution No. 2017- 169 Attachment 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND STAY-GREEN INC., FOR LANDSCAPE MAINTENANCE SERVICES - PARKS THIS AGREEMENT is made and effective as of this day of , 2017, between the City of Moorpark, a municipal corporation ("City") and Stay-Green Inc., a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for landscape maintenance services, plus additional repair and installation services related to City Parks and miscellaneous City properties; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on September, 6, 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from October 1, 2017, and will expire on June 30, 2018, unless otherwise terminated or suspended pursuant to this Agreement. Upon the mutual consent and written amendment to this Agreement executed by both parties, the term of this Agreement may be extended for three (3) additional one (1) year periods. 2. SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide for landscape maintenance services, plus additional repair and installation services related to City Parks and miscellaneous City properties, as set forth in Exhibit C: Contractor's Bid Proposal, dated August 25, 2017, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal" and as set forth in Exhibit D: Contract Documents and Specifications, Landscape Maintenance Services - Parks, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit D. Where said services, as set forth in Exhibit C and Exhibit D, are modified by this Agreement, or in the event there is a conflict between the provisions of Exhibit C and Exhibit D and this Agreement, the language contained in this Agreement shall take precedence. Stay-Green Inc. Page 1 of 19 170 Contractor shall perform the tasks described and set forth in Exhibit C and Exhibit D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or contract value of three hundred fourteen thousand two hundred eighty dollars ($314,280) as stated in Exhibit C, Schedule A, plus a contingency in the amount of fifty thousand dollars ($50,000), for a total contract value not to exceed three hundred sixty-four thousand two hundred eighty dollars ($364,280), without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b), and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Grant R. Clack, 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. Stay-Green Inc. Page 2 of 19 171 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed three hundred fourteen thousand two hundred eighty dollars ($314,280) as stated in Exhibit C, Schedule A, plus a contingency in the amount of fifty thousand dollars ($50,000), for a total contract value of three hundred sixty-four thousand two hundred eighty dollars ($364,280), 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, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor's fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall • immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination or suspension, providedthat the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to this Agreement. Stay-Green Inc. Page 3 of 19 172 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond .the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two hundred fifty dollars ($250.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of,City or the City's designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any Stay-Green Inc. Page 4 of 19 173 such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents ("City Indemnitees") from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Contractor's performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. Stay-Green Inc. Page 5 of 19 174 This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing. services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Stay-Green Inc. Page 6 of 19 175 . 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of. this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public Stay-Green Inc. Page 7 of 19 176 agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City. Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Grant R. Clack Stay-Green Inc. 26415 Summit Circle Santa Clarita, California 91350 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. Stay-Green Inc. Page 8 of 19 177 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY • In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Contractor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the • arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire. understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. Stay-Green Inc. Page 9 of 19 178 28. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Contractor's Proposal. 29. 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. 30. 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. 31. 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 STAY-GREEN INC. Steven Kueny, City Manager Grant R. Clack, Operations Manager Attest: Maureen Benson, City Clerk Stay-Green Inc. Page 10 of 19 17 9 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of Stay-Green Inc. Page 11 of 19 180 insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by. Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds.the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additionalinsured endorsement to Contractor's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance Stay-Green Inc. Page 12 of 19 181 is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any Stay-Green Inc. Page 13 of 19 182 steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specification applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations oncoverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this Stay-Green Inc. Page 14 of 19 18 3 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 23. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project, when required by City. City shall determine the liability limit. Stay-Green Inc. Page 15 of 19 184 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 .(commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. Stay-Green Inc. Page 16 of 19 185 (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim. has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. Stay-Green Inc. Page 17 of 19 186 (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or.a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. Stay-Green Inc. Page 18 of 19 187 (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) Stay-Green Inc. Page 19 of 19 18 8 Exhibit C 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: 4,,,r e cx Authorized Signature: «/ Signer's Title: oRe.-R1+7700')- /,q„i/ge 10 189 BID SCHEDULE LANDSCAPE MAINTENANCE SERVICES PROPOSED SCHEDULE OF WORK AND PRICES—SCHEDULE A (BASE BID) y Nine (9) Month MonthlBid DESCRIPTION Bld Amount Amount 1 Arroyo Vista Community Park $ r, -/-/,'; $ . /0/71, 5o 2 Campus Park $ /7,4,5 $ 3' 7€z 3 Campus Canyon Park $ 9,V3 $ 5, 4 Community Center Park $ / 21/5- $ /4,2 o.5- 5 Country Trail Park $ / 71L5 $ ii, ?0,_5 6 College View Park $ /,2/5- $ /4 93,....--- 7 Glenwood Park $ 6 0,2.5 $ 8 Magnolia Park $ _,. $ . 7447214; 190 mMalimmpothkHighlands Park $$ /4.23/74/5: : /1,24 61.03 -7--- • 11 Monte Vista Park • $ if a2-25 $ a Oc25- 12 Mountain Meadows Park 13 Peach :ii 4 15 Tierra Rejada Park $ y/6 5-s:; $ f,_;-, /. .f.-,-- 6 Veterans Memorial Park $ a -z-s- III Virginia Colony Park $ ‘-P7-5- e.Q5 18 Villa 19SerenataTrail 20WairmAcres otal Cost $ 3,442e9 $ 3I44/a2 scD (Month) (9 Month) Total Lump Sum Base Bld$ 314/c200 11 190 It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. • Price must include all labor, material, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue park landscape maintenance services at any of the locations listed, at any time. The Contractors monthly bid amount shall remain in effect at all other areas until the Agreement with City and Contractor has been terminated. • The Contractor shall be notified in writing as to the date to commence park landscape maintenance services, if it is different than October 1, 2017. I, the undersigned agree to furnish and install work as identified in this Proposal, and as described in the contract documents and specifications for t - amount shown on this Bid Schedule. Contractor's Authorized Signature 12 191 BID SCHEDULE (continued) PROPOSED SCHEDULE OF WORK AND PRICES — SCHEDULE B (ADDITIVE/ALTERNATE BID) Mulch installations/replenishment(labor) two 1 times per calendar year to maintain a depth 1 EA $ qo �.. of no less than 2" (Appendix B, Section E) Total Lump Sum Additive/Alternate Bid$ .3i `Z� ? C) It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. NOTE: Additive/Alternate Bid values will not be used to determine successful bidder. Only the Base Bid will be considered for competitive purposes. 13 192 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Stay Green Inc. Type of Firm: Individual; Partnership; V Corporation Business Address 26415 Summit Circle, Santa Clarita, CA 91350 Telephone (661)291-2800 State Contractor's License No. and Class(es) 346620 C27 C61/D49 Original Date Issued 10/11/1977 Expiration Date 12/31/2018 Bidders or Subcontractor's State Pesticide License No.; list categories and "type"of license(s). 1) 30475 CA Dept. of Pesticide Regulation Expiration Date: 12/31/2017 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: Chris Angelo, CEO/President-26415 Summit Circle, Santa Clarita, CA 91350 (661)510-5481 Grant Clack, Operations Manager-26415 Summit Circle, Santa Clarita, CA 91350 (661)212-0731 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A 14 193 All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: 016 IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this Z5 " day of Av .s-i" , 2017. Bidder Subscribed and sworn to this -2Z day of d' (/ , 2017. NOTARY PUBLIC 1 1 b. 0 rp�� 6/1WLea(-) 15 194 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1 State of California } I I County of Los Angeles } • On August 25, 2017 before me, Magdalena Vance, Notary Public , (Here Insert name andflue of the officer) personally appeared Grant Richard Clack who proved to me on the basis of satisfactory evidence to be the person(s)whose name() Is re subscribed tothe within instrument and acknowledged to me that lni.he/they executed the same in 4a er/their authorized capacity(ies), and that by fir' er/their signature(s) on the instrument the person(s), or the entity upon behalf of • which the person(e) acted, executed the instrument. • i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • ,,h r MAGDALENA VANCE 1 .WITNESS my hand and icla eal. ,,:�,.' •. Convn�asion No 2121835 A ' .�•- --'NOTARY PUBLIC-CALIFORNIA fir , LOS ANGELES COUNTY ! q,ult, • .-' My Comm Expires AUGUST 1.2019 1 • - -Y 11•IIc Signature (Notary Public Seal) ... 1 • • * • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ' DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be.completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long BIDDER'S.INFORMATION as the wording does not require the California notary to violate California notary law. I (life or description of attached document) • State and County information must be the State and County where the document City of Moorpark• Page 14-15 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which • (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 2 Document Date 8/25/17 commission followed by a comma and then your title(notarypublic). I • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular orplural forms.by crossing off incorrect forms(i.e. • ❑+ Individual(s) he/she/they;is/ere)or circling the correct forms.Failure to correctly indicate this • • information may lead to rejection of document recording. • ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of O Partner(s) • the county clerk. 0 Attorney-in-Fact •. Additional information is not required but could help to ensure this _❑ Trustee(s) . acknowledgment is not misused or attached to a different document • • Other Operational Manager Indicate title or type of attached document,number of pages and date. I Indicate the capacity claimedby the signer.If the claimed capacity is a. i 1 1corporate officer,indicate the title(i.e:CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 1 • CONTRACTOR'S REFERENCES Provide a minimum of three(3)references,to include the name of organization, address,contact person,and telephone number,for which bidder has performed park landscape maintenance and pesticide, herbicide and rodenticide operations services,of similar size,price and scope within the past ten (10) years. The references listed shall reference previous and/or current maintenance programs that demonstrate the bidder's experience, similar to the Scope of Work (Appendix B) described herein. Each reference does not need to demonstrate that all the criteria listed below have been met under one individual contract. However, the bidder must demonstrate that they have experience, equal to a minimum of three (3) years, for each area or facility as follows: • Park landscape maintenance services for a public agency with a population of no less than 15,000 during the time of the contract, and servicing no less than seven (7) public parks, with an overall park area no less than twenty-five(25)acres. • Park landscape maintenance services for a sports facility, no less than twenty-five (25) acres in size,and consists of a multitude of turf sports fields, baseball and/or softball fields, tot lot play areas, parking lots, and a recreation center or community center. • Park restroom maintenance services for five(5) parks with restroom facilities. 1. City of Santa Clarita Name of Organization 23920 Valencia Blvd, Valencia, CA 91355 Address Kevin Tonoian (661)294-2518 ktonoian@santa-clarita.com Contact Person Telephone number and email address City Wide Park acreage and number of parks under contract 2 Million Multiple Annual Contracts Contract amount Contract period (start and end date) Description of services(please be specific,describe the maintenance program,and reference the area or facility listed above): Citywide Landscape Maintenance 16 196. 2. City of Burbank Name of Organization • 275 E Olive Avenue, Burbank, CA 91502 Address Bill Parish (818)480-2666. Contact Person Telephone number and email address City Wide Park acreage and number of parks under contract $100,000 Annualy 1 Year Contract amount Contract period (start and end date) Description of services(please be specific,describe the maintenance program,and reference the area or facility listed above): Citywide Landscape Maintenance 3. City of Downey Name of Organization 7850 Quill Drive, Downey, CA 90242 Address Gio Amador (562)904-7192 Contact Person Telephone number and email address City Wide Park acreage and number of parks under contract $192,000 Annually 1 year Contract amount . Contract period (start and end date) 17 • 197 Description of services(please be specific,describe the maintenance program,and reference the area or facility listed above): City wide landscape maintenance Bidder may attach additional sheets as needed. Additional references shall be listed in the same format as above. 18 198 SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Work. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of the Licensed Business Address and Work to be Done Phone 1) N/A 2) 3) * • Bidder may attach additional sheets as needed. Additional subcontractors shall be listed in the same format as above. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts and subcontracts with other public entities, 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 City of Moorpark 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. 19 199 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. 20 200 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: Park Landscape Maintenance Services Labor Code Section 3700, in pertinent part, provides: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees." I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for workers' compensation or to undertake self-assurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated: SA5/7 Contractor. SrAy 6`co^) By: f4.4n/ T s..i4Cde Title: (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the City prior to performing any work"under the Agreement.) 21 201 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with Public Contract Code Section 7106, the undersigned declares: I am the era\ o•n-S aAt4 er of 54t1 (9veer1/4Tc. , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidderto put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the is true and correct and that this. declaration is executed on q, ( cif/ [date], at 'cvn G� i [city], [state]. / /110 Signature: ,�-u.�CSignature: • si Printed Name: �r'Rf+ti7' Printed Name:' NC \ ack de This form must be notarized. G • 22 202 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On August 25, 2017 before me, Magdalena Vance, Notary Public (Here Insert name end a of the officer) personally appeared Grant Richard Clack who proved to me on the basis of satisfactory evidence to be the person(s)whose name( Is re subscribed to the within instrument and acknowledged to me that • she/they executed the same in+fir er/their authorized capacity(ies), and that by tier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under.PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MAGDALENA.VANCE • WITNESS. my hand and cia I. ' tCommesion No 2'21e241 g ��-- s'NOTARY PUBLIC-CALIFORNIA2 LOS ANGELES COUNTY / thLLJJ/ w. •t-' P i Iic Signature •(Notary Public Seat) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT tfneeded should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long Non-Collusion Declaration as the wording does not require the California notary to violate California notary (Title or description of attached document) • State and County information must be the State and County where the document City of Moorpark Page 22. signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her j Number Of Pages Document Date 825/17 • commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of 1 notarization. . • a CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/tis/are or circling the correct forms.Failure to correctly indicate this I] Individual(S) information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a. (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact •S Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Operational Manager • Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a I corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses;com 800-873-9865 • Securely attach this document to the signed document with a staple. 9 n ;: • CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 A notary public or other officer completing this certificate verifies only the identity 1 of the individual who.signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On August 25, 2017 before me, Magdalena Vance, Notary Public , (Here Insert name and Otte of the officer) personally appeared Michael D Clack who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Cjare subscribed to the within instrument and acknowledged to me that inn.he/they executed the same in g er/their authorized capacity(ies), and that by B, er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • • • • I certify under PENALTY OF PERJURY,under the laws of the State of California that ' . the foregoing paragraph is true and correct. WITNESS myhand and ft al ;a "`r. '''' MAGDALEIIlA VANCE: ,.,..,g.. commis: No 212183 A ?i / ��� /� / .' '',,ANY PUBLIC-CALIFORNIA -CALIF if 7.� GELE 9tae) i LOS ANGELES COUNTY M9 Comm Expires AUGUST t.2019 .P. - biic Signature (Notary Public seal) . • •. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be.completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long 1 Non-Collusion Declaration • she wording does not require the California notary to violate California notary • (Title or description of attached document) • State and County information must be the State and County where the document . I City of Moorpark Page 22 signer(s)personally appeared before the notary public for acknowledgment. • • Date of notarization must be the date that the signer(s)personally appeared which • (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of.Pages 1 Document Date 8125/17 commission followed by a comma and then your title(notary public). • • Print the name(s) of document signer(s) who personally appear at the time of • notarization. • CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms-by crossing off incorrect forms(i.e. he/sheithey—is/ere)or circling the correct forms.Failure to correctly indicate this i ❑+ Individual(s) information may lead to rejection of document recording. ❑ Corporate:Officer • The notary seal impression must be clear and photographically reproducible. Impression.must not cover text or lines.If seal:impression smudges;re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact o Additional information is not required but could help to ensure this ❑ Trustee(s) _ • acknowledgment is not misused or attached to a different document. 0 Other Project Estimator Indicate title or type of attached document,number of pages and date. • • Indicate the capacity claimed by the signer.If the claimed capacity is a• • corporate Officer,indicate the title(i.e:CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. I EQUAL OPPORTUNITY CERTIFICATE THE BIDDER'S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES, WHICH ARE A PART OF THIS PROPOSAL. The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and supplemented by Department of Labor Regulations 41 CFR, Part 60, and that, where required, the bidder has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. 5.77:4 ge Name of Bidding Company fkjegi Authorized Signature eivo-degrAo").5- 1) /q NAGz ie Title gA....5-/ Date 23 205 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code §§ 1720, 1775, 1776, 1777.5, 1810, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding Owner ("Owner") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning thepayment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Owner, forfeit not more than fifty dollars ($50) for each calendar day, orportion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 3. Contractor agrees to comply with the provisions of California Labor,Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Owner of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 5. Contractor acknowledges that eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 24 206 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the. provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature ///' Date ce/..25"-A7' Printed Name e,.9,07- Company ..Sri [sem cA Title ��FFzA7l0i.1S /i4,o/vA6',ErA 25 207 ..9.90044...:.:2,9Z�l. __� Cii OF MOORPARK reaseed L. .. .. L : %. O '�� PARKS,RECREATION&COMMUNITY SERVICES DEPT. 1799 Moorpark Avenue,Moorpark,CA 93021 41 Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov ,. Fp ,uV August 22, 2017 ADDENDUM NO. 1 For Landscape Maintenance Services- PARKS NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed therefore. 1. Question: What is the current contract value for landscape maintenance services in parks? Answer. Current monthly maintenance amount is$26,838.00 or$322,056 annually. Questions regarding this addendum may be directed to the Agency's Project Representative Jason La Riva, Landscape/Parks Superintendent at jlariva@moorparkca.gov Last day for questions was August 17, 2017, responses due August 22, 2017 at 11:00 a.m. No further addenda will be issued. PLEASE FAX OR EMAIL A SIGNED COPY OF ADDENDUM TO JASON LA RIVA AT (805) 523-8836 OR JLARIVA@MOORPARKCA.GOV AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED Company Name: T9 C9re-e-"vt . ii-C. Authorized Representative: l,J �---\- C`aC_k_ , r Signature of Authorized Representative: / JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DA2 0 8 Mayor Councilmember Councilmember Councilmember Councilmember Exhibit D PPPK C4( dat 4,0 0 q4 TF O .03 CITY OF MOORPARK CONTRACT DOCUMENTS AND SPECIFICATIONS Landscape Maintenance Services - PARKS City of Moorpark 799 Moorpark Avenue Moorpark, California August 1, 2017 Contact: Jason La Riva Parks and Landscape Superintendent 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6283 jlariva@moorparkca.gov 209 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL 10 BID SCHEDULE 11 BIDDER'S INFORMATION 14 CONTRACTOR'S REFERENCES 16 CONTRACTOR'S CERTIFICATE REGARDING WORKERS COMP. 21 NON COLLUSION DECLARATION 22 EQUAL OPPORTUNITY CERTIFICATE 23 AGREEMENT TO COMPLY W/CA LABOR LAW REQUIREMENTS 24 PERFORMANCE BOND 26 SAMPLE AGREEMENT AND CONTRACT FORMS 28 APPENDIX A— Contract Performance Requirements 44 APPENDIX B — Scope of Work 58 APPENDIX C —Areas to be Maintained 83 Park Site Descriptions and Location Maps APPENDIX D — Compensation 105 APPENDIX E — Contractor's Weekly Inspection Report 106 APPENDIX F — Contractor's Weekly Irrigation Inspection Report 109 APPENDIX G —Contractor's Intent to Spray Notification 111 2 210 NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES - PARKS 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 11:00 a.m. on Monday the 28th day of August 2017, 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, Wednesday, August 16, 2017 at 1:00 p.m. Only those bidders in attendance will be eligible to submit bid proposals. A City tour of the proposed areas will be made available to prospective bidders immediately after the pre-bid conference on Wednesday, August 16, 2017, between 2:00 p.m. and 4:00 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. Prevailing Wages In accordance with Labor Code Section 1770 et seq., the Project is a "public work." The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. Prospective bidders may obtain copies of Contract Documents and Specifications for Landscape Maintenance Services - Parks from the City of Moorpark website at www.moorparkca.gov/bids. If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the City, a written request via email for an interpretation or a correction thereof. Interpretations or corrections shall be made only by addendum duly issued by the City. A copy of such addendum will be emailed, each person receiving a set of the Contract Documents and such addendum shall be considered a part of, and incorporated in, the Contract Documents. 3 211 Questions must be received in writing no later than 4:00p.m. August 17, 2017 in order to provide the City sufficient time to evaluate the question and respond. City shall respond no later than 11:00a.m. August 22, 2017. Questions received after the aforementioned deadline will be deemed not received. 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, and be registered with the Department of Industrial Relations (DIR), 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 an evidence of DIR Registration, 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, www.moorparkca.gov; F.W. Dodge, 1333 S. Mayflower Avenue, Suite 300, Monrovia, California, 91016; Santa Maria Valley Contractor's Association, 2003 N. Priesker Lane, Suite A, Santa Maria, CA 93454; Ventura County Contractor's Association, 1830 Lockwood Street, Suite 110, Oxnard, CA 93036; www.ebidboard.com. DO NOT BID the Contract Documents and Specifications from the July 26, 2017, City • Council Meeting. Contact: Jason La Riva, Parks and Landscape Superintendent, at (805) 517-6283. 4 212 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 22. SCOPE OF WORK The Scope of Work to be performed 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 of landscape maintenance and related services as more fully described in Appendices 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. 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 5 213 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. Bids with supplemental information or form other than those proposed forms provided by the City will not be considered. 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 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 coniract. If contractor plans 6 214 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. 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 in writing and clarified in writing 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. 7 215 DIR REGISTRATION Bidder is aware that Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing work on any public works project. PREVAILING WAGES Bidder must agree to abide by the requirements under Section 1770 et seq of the Labor Code of the State of California for prevailing wages. Bidder acknowledges that this project is a public work to which prevailing wages apply, and that a public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Bidders are hereby notified that pursuant to the provisions of the California Labor Code 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 interested person upon request at the Parks and Recreation Department or on the Internet at http://www.dir.ca.gov/Public-Works/Prevailinq- Wage.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. Contractor also agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor's compliance. 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 nine (9) month contract (October 1, 2017, through June 30, 2018), 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 certificates and endorsements and contract bonds within fourteen (14) calendar days, after contractor has been notified by City of the Notice 8 216 of Award of Contract, via email or by regular mail. 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 prior to 1992, or equivalent as approved by the City. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Agreement to do likewise. 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. 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 indiscrimination 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. 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 prior written consent of the City, which may be withheld at the City's sole discretion. 9 217 PAGES 10-25 ARE THE SAME AS EXHIBIT C, CONTRACTOR'S BID PROPOSAL, AND HAVE BEEN REMOVED SO AS NOT TO BE DUPLICITOUS. 218 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 , 2017, for work identified as " " 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 , 2017. (Corporate Seal) (Principal) Notarial Certificate Attached By (Title) (Corporate Seal) (Surety) 26 219 Notarial Certificate Attached By (Title) 27 220 SAMPLE AGREEMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR THIS AGREEMENT, is made and effective as of this day of , 2017, 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 landscape maintenance services, plus additional repair and installation services related to City Parks and miscellaneous City properties; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on , 2017, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from October 1, 2017, and will expire on June 30, 2018, unless otherwise terminated or suspended pursuant to this Agreement. Upon the mutual consent and written amendment to this Agreement executed by both parties, the term of this Agreement may be extended for three (3) additional one (1) year periods. 2. SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide for landscape maintenance services, plus additional repair and installation services related to City Parks and miscellaneous City properties, as set forth in Exhibit . In the event there is a conflict between the provisions of Exhibit and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit . Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Compensation for the services to be performed by Contractor shall be in accordance with . Compensation shall not exceed the rates or total contract value of dollars ($ . ) as stated in , without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. 28 221 City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b), and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be , and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in , 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, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall 29 222 be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor's fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate.this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two hundred fifty dollars ($250.00) per day for each calendar day the work,.or portion thereof, remains uncompleted 30 223 after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or the City's designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts . therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents ("City Indemnitees") from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Contractor's performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and -- will will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend 31 224 City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing ,services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act 32 225 and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit , California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or fimi(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 33 226 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 Agreement documents. ° 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the 34 227 declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Contractor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Contractor's Proposal. 29. 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. 30. 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. 31. AUTHORITY TO EXECUTE 35 228 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 By: By: Steven Kueny, City Manager (Name) (Title)_ Attest: Maureen Benson, City Clerk 36 229 Exhibit INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 37 230 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are. subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance,is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a 38 2 31 primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor's existing coverage includes a deductible or self- insured retention, the deductible or self-insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specification applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 39 232 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 23. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project, when required by City. City shall determine the liability limit. • 40 233 EXHIBIT PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. .(5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is 41 234 disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the .parties in dispute resolution throughnegotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shallnot constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. 42 235 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation arid proceed directlyto the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1,2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 810, Sec. 1. (AB 626) Effective January 1, 2017. Repealed as of January 1, 2020, by its own provisions.) 43 236 APPENDIX A CONTRACTOR PERFORMANCE REQUIREMENTS A. WORKING HOURS: 1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m. ("working hours"). No work shall be performed on Saturday, Sunday, or City approved holidays, or outside of these specified times, without prior written approval from the representative designated by the City (herein after referred to as 'City Representative'), except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify the City Representative within twenty-four(24) hours in the event of emergency work. 2. All restroom facilities shall be cleaned and in operation no later than 8:00 a.m., Monday through Friday. With prior written approval, the contractor shall be allowed to begin maintenance services within the restroom facilities at 6:00 a.m., Monday through Friday. All parks facilities shall be opened as follows: Facility Days per week Open Arroyo Vista Community Park M, T, W, Th,-F 6:00 a.m. Restrooms M, T, W, Th, F 8:00 a.m. Dog Park M, T, Th, F 7:00 a.m. Dog Park (maintenance) W 12:00 p.m. Skate Park M, T, W, Th, F 10:00 a.m. Skate Park (holiday schedule) M, T, W, Th, F 8:00 a.m. Tennis Courts M, T, W, Th, F 7:00 a.m. Schedule is subject to change per City's discretion. 3. Contractor shall be responsible for any costs incurred by the City including, but not limited City staffs overtime hourly rate and any related costs, for any City approved work performed by the Contractor on weekends and/or holidays, which may require verification and inspection by City staff. City staff overtime costs shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $315/hr. Landscape/Parks Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $105/hr. 4. The Contractor shall have staff available by phone contact (not an answering service) including, but not limited to Contractor's on-site 44 237 supervisor(s) and irrigation technician(s), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to callouts, questions, and verification of schedules. 5. Non-working City holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place to carry out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 6. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City a proposed maintenance schedule. The schedule shall include a list of all activities specified in the Scope of Work (Appendix B) by location, with respective days of the week and time of day said activities will be performed. After City approval, any revisions to the approved schedule must be authorized in writing by the City Representative. 7. The use of leaf blowers or air broom is prohibited, except between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. B. SUPERVISION: 1. Contractor shall provide a minimum of one (1)full time on-site landscape maintenance supervisor, fully trained in all aspects of landscape maintenance and repair, and a minimum of one (1) full time on-site irrigation technician. Said supervisor (s) and technician (s) shall have a minimum of seven (7) years of experience at the supervisory and technician level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the supervisor's and technician's qualifications for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the landscape maintenance supervisor position and irrigation technician positions. 2. The landscape maintenance supervisor shall remain on site for a minimum of eight (8) hours per day, except as required to obtain equipment and supplies necessary for regular maintenance activities, and to attend company meeting and events necessary during the normal course of business. 3. Contractor shall have an on-site supervisor(s) and irrigation technician(s) capable of communicating effectively both in written and oral English, at all times during the term of the Contract. Any communication from the City to the Contractor's on-site supervisor(s) or irrigation technician(s) shall be deemed as delivered to the Contractor. 45 238 4. Contractor shall endeavor to maintain excellent public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and disturbance to the public. Work shall be performed by competent employees and supervised by a person(s) experienced in supervising landscape maintenance operations. 5. Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor's employee. 6. Contractor shall ensure all contractor owned vehicles are clearly marked with company name and phone number, in clean condition, and in good working condition while conducting maintenance operations in the City of Moorpark. C. COMMUNICATION/EMERGENCY RESPONSE: 1. Contractor shall have the ability to contact their field crews within fifteen (15) minutes of notification by City Representative during normal working hours. 2. Contractor shall provide capabilities for twenty-four (24) hours per day, seven (7) days a week service. Contractor shall provide a 24-hour emergency contact person, who is familiar with the City's maintenance operation, with phone number(not an answering service)for non-working hours, including weekends and holidays. 3. During an after-hours emergency situation, the Contractor shall provide on-the-job response time of no more than one (1) hour maximum upon notification by City. D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at Contractor's sole expense, shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance, as determined by the City Representative. The quality and quantity of materials provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides, herbicides, insecticides, and rodenticides and all relevant licenses. 3. All necessary fertilizers and soil amendments. 4. All custodial, restroom and trash container supplies, including trash can 46 239 liners, restroom paper products, restroom hand soap if requested by City, disinfectants and cleaning solutions, etc., as approved by the City. 5. All necessary horticultural supplies and landscape tools. 6. All parts necessary for the repair and proper maintenance of all irrigation systems. 7. All materials are to be new and identical to existing manufacturer and model number, unless directed otherwise by the City Representative. E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully responsible for any and all damage to City property resulting from the Contractor's operations. This shall include, but not be limited to, the repair, removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf grass, irrigation system, ground cover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage to buildings, infrastructure, hardscape, and other improvements due to Contractor's negligence. The City Representative shall determine if the contractor is negligent. The City shall be responsible for replacing any plant material that is damaged or destroyed as a result of acts of vandalism or theft. F. UNDERGROUND SERVICE ALERT SYSTEM (USA): Underground service alert systems (USA) must be notified a minimum of 48 hours in advance prior to commencing work that involves digging underground. This notification is required for each location said work is performed. Written verification of such notification shall be provided to the City Representative prior to commencing work. G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to the relevant utility company, as well as to the City Representative. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material, irrigation system components, adjacent hardscape surfaces or other property, immediate repair or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of the restriction. Contractor shall also provide a copy of said notification to the City Representative prior to commencing such work. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: 47 240 Contractor shall be responsible for the protection of all improvements adjacent to the work, such as irrigation system components, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's sole expense, and to the City's satisfaction, within forty-eight(48) hours. If the Contractor fails to render proper repairs within the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. • 48 2 41 J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code, and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on all streets, at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector prior to start of work. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility arrow board. Prior to closing lanes and/or interfering with the flow of traffic, Contractor shall seek the approval of the City Representative. Twenty four (24) hour notification is required. City • shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Traffic control and detours conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be included in the Contract unit or lump sum prices paid for various items of work wherein traffic control and/or detours are required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00)for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirements or traffic control measures as described in these specifications. 49 242 K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. L. SUBCONTRACTORS: Contractor shall only use subcontractors in the performance of this Contract listed on the Subcontractor(s) form submitted with the bid documents. All subcontractors shall be licensed and shall only provide the services listed and licensed to perform. Any subcontractor not listed on the Subcontractors (2)form or any changes made to the subcontractors used by the Contractor during the term of the Contract, shall be approved in writing by the City Representative. The City reserves the right to reject the services of any subcontractor, for any reason, and at any time during the performance of this Contract. M. HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1. Contractor shall comply with CAL OSHA standards and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City Representative immediately. 3. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and laws regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines for Construction Sites," which by reference is a part of these specifications and is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. 50 243 N. INSPECTION TOUR AND PUNCH LIST AND SCHEDULE: The Contractor shall accompany the City Representative on a, no less than weekly, inspection tour of landscaped areas at a time specified by the City Representative. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative within twenty-four (24) hours of completing said inspection tour. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions, landscape deficiencies, and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five (5) business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City Representative with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the allocated time, the Contractor may incur liquidated damages, as more fully described in Section O. If Contractor fails to repair or correct deficiencies within five (5) working days past the time line approved by the City, Contractor may be found in nonconformance with the Contract and City, at its discretion, may take corrective action at Contractor's sole expense, plus 15% administrative fee, and assessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Report(Appendix E). A separate report shall be prepared for each park location and shall identify all maintenance items • that have been completed, as well as maintenance deficiencies, hazards or other items requested by the City or observed by the Contractor. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Irrigation Report (Appendix F). A separate report shall be prepared for each park location and shall identify the current irrigation schedule and station run times, any changes made to the irrigation schedule within the inspection period, any damages or repairs to the irrigation system and any other information requested by the City. Within fourteen (14) calendar days, after contractor has been notified by City of the Notice of Award of Contract, Contractor shall prepare and submit to the City Representative a detailed schedule of all maintenance operations as described in the Scope of Work (Appendix B).. Weekly schedules (site specific) shall include but not be limited to: • Mowing/Edging • Irrigation Inspections • Weed Maintenance • Trimming • Fertilization • Shrub and Ground Cover Maintenance 51 244 • Mulching • Tree Maintenance • Pesticide Applications • Swales, Drains, and Catch Basins • Litter Control • Restroom Maintenance • Athletic Field Maintenance • Athletic Court Maintenance • Hardscapes • Playgrounds • Trails, Walkways, and Pathways Any proposed changes to the schedule(s) during the terms of this contract including days, times, and frequencies shall be submitted to the City Representative for prior review and approval. 0. DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to perform the services described herein, adhere to the service schedule, service the irrigation system, perform required services and/or repairs, or reprogram each conventional controller weekly per local ETo data pursuant to this Contract, will be considered a deficiency. It is agreed that said deficiencies will result in damage to the City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor, in addition to the liquidated damages amount as follows: 52 245 Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each incident at each separate location, for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. P. CITY'S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the course of this Contract, other activities and operations may be conducted by City work forces and other Contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, specialized pest control, construction, storm related operations, staging of police and fire for emergencies and disaster control, and a variety of recreation programs and special events. During said activities and operations the Contractor may be required to modify or curtail certain work tasks and normal maintenance operations, and shall promptly comply with any request thereof by the City. Q. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities in the performance of this contract with decals on the exterior right and left front door panels, or other City approved location, identifying the Contractor's name, and phone number. Decals shall not be less than 12 inches by 18 inches in size, and shall be clearly visible from a distance of 50 feet. Contractor's maintenance vehicles exterior paint and vehicle body shall be kept clean, new in appearance and in a generally well maintained condition. R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances, these will be considered to be of an emergency nature and cause for the City make corrective repairs. Such work shall be billed to the Contractor for each callout, plus actual time spent on the repairs. It also should be noted that there is a minimum two (2) hour charge for labor on any callout. City staff hourly costs shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $210/hr. Landscape/Parks Maintenance Superintendent or Supervisor: $130/hr. MaintenanceWorker III: $105/hr. City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): 53 246 Park and Landscape Manager: $315/hr. Park/Landscape Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $158/hr. S. EXTRA WORK: 1. The Contractor shall not have the exclusive right to perform extra work. Extra work may be performed by the Contractor at the discretion of the City, City forces, or by competitive bid at the sole discretion of the City. 2. Additional work outside the performance requirements such as, but not limited to, shrub and tree planting, renovation, and improvement, shall be required on occasion. • 3. The costs for such extra work shall be based on the fair market value of supply and labor costs and shall be agreed to in a written proposal prior to commencement of said work. Only those extra work items authorized in writing on a City standard Work Order form or other form approved by the City, prior to the start of work, shall be considered for payment. 4. Extra work shall not be performed by regularly scheduled personnel and shall be performed during regular working hours unless authorized in writing by the City. Contractor shall submit certified payroll reports for all extra work services. T. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at a City park or other City property shall only be allowed with prior written approval from the City. In the event the City consents to allow Contractor to use designated City property for storage, Contractor agrees to assume full responsibility for loss, theft, damage to its equipment, supplies and any injury that may arise to any person. Contractor also assumes full responsibility for any and all damage to City property as a result of any Contractor owned property stored on City property,whether storage is temporary or permanent. Contractor acknowledges that Section 10 Indemnification of this contract applies to such storage U. VANDALISM AND THEFT: 1. The City shall be notified immediately by the Contractor in regards to any acts of vandalism, including graffiti, and theft to City landscaping, irrigation systems, or other improvements observed or found by Contractor's employees, regardless of the cause. 2. Damage caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. 54 247 V. PERFORMANCE DURING INCLEMENT WEATHER: 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Contractor shall reschedule and complete all maintenance activities that were not completed on the next available day that weather conditions permit such activities. 2. Failure to adjust the work force and demonstrate that adequate progress has been completed, or failure to reschedule maintenance activities, shall result in a deduction of payment to reflect only the work actually accomplished. 3. If weather conditions do not allow regular maintenance operations to continue, the Contractor shall inform the City Representative and have his work force available to assist the City with emergency operations as needed. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 3. The Contractor shall not remove his work force from the job site without written approval from 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 local "ETo" data indicates that conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor local "ETo" data to ensure that controllers and timers are activated at the appropriate time. W. CONTRACTOR DISPOSAURECYCLING RESPONSIBILITY: 1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses. All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the solid waste provisions of the 55 248 Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract in any City provided bin. If requested by the City, Contractor shall make every effort to estimate tonnage disposed. 2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris shall be disposed in the bin and not allowed to accumulate on the floor of the enclosure. If a bin is full and will not accommodate additional debris, Contractor shall notify City immediately and depose of remaining debris in an alternative City bin. Bin lids shall remain closed. Trash enclosure gates shall be closed and locked when the Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash enclosures shall be immediately reported to the City Representative whenever observed by Contractor. X. KEY CONTROL 1. Contractor shall be responsible for assigned keys, and shall be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. 2. Contractor agrees not to duplicate any keys and acknowledges that California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six(6) months imprisonment or a Five Hundred Dollar($500) fine or both. 3. Contractor shall immediately report all lost or stolen keys to the City Representative. 4. Upon expiration, cancellation or termination of this Contract, all keys received by the Contractor shall be returned to the City. 5. Contractor shall reimburse the City all costs and expenses as determined by the City for any key or lock replacements, due to contractor's negligence. Such costs shall be deducted from any payments due or to become due to contractor and may include the costs to replace padlocks, re-keying door locks, and shall include staff time and 15% administration fee, if deemed necessary by City to secure and protect City properties and facilities. Y. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" 56 249 condition with the intent to perform maintenance services according to Contract specifications. Z. SAFETY: 1. Contractor shall at all times adhere to all applicable safety practices and cooperate with the City in any adverse condition related thereto. 2. Contractor shall cooperate with the City during the investigation of an accident on City property and submit a complete written report to the City within twenty-four (24) hours following the occurrence. 3. Contractor shall inspect all areas maintained under the provisions of this Contract on a daily basis for all potential hazards, and maintain a daily safety inspection report which indicates date inspected and action taken to correct conditions if necessary. This report shall identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The City Representative shall be immediately notified of any potentially unsafe or hazardous condition found by the Contractor. • 57 250 APPENDIX 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 leave no signs of visible clippings on turf and shall be in alternating patterns. Blades shall be kept sharp at all times. 2. Turf areas shall be inspected for all potential hazards such as holes, gopher mounds, rocks, glass, nails or other debris, prior to and after each mowing. All such material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds and re- seed bare areas caused by such damage. Turf seed shall be identical to the existing turf type or as determined by City representative. 3. Turf shall be mowed to the cutting heights or methods as follows: Turf type Month Height/ Method Cool Season: June through September 3" reel or rotary October through May 2" reel or rotary Warm Season: Year Round 2 '/2" reel or rotary • 4. Turf shall be mowed on the following schedule: Month Frequency November through February Every other week March through October Weekly 5. Turf mowing at each park location shall be completed in one day, and shall be completed per the City approved mowing schedule submitted by the Contractor. B. EDGING AND TRIMMING: 1. Mechanical type edging includes walkways, sidewalks, parking lots, driveways, curbs, tree wells, and shrub and groundcover beds, and shall be performed concurrently with mowing at each location. 58 2 51 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 1/2 inch from the hardscape surface being edged. 4. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter, centered on the main stem or trunk of the tree. Tree wells shall be edged concurrently with each mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Trees damaged from the Contractor's edges practices shall be replaced by the Contactor with a replacement tree at Contractor's expense. Tree replacement size shall be 24" box and replacement species shall be determined by the City Representative. 5. Curbs, gutters, walkways and all hardscape areas shall be cleaned and free of accumulated grass clippings, dirt and other debris upon completion of each mowing operation. Grass clippings shall be removed on days mowed and shall not be left overnight. 6. Edging next to retaining walls and fences shall be done using a power string type trimmer, and shall be completed in such a manner to avoid excessive string contact to the exterior surface of retaining walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without written approval by the City Representative. If approved in writing by the City Representative, all chemicals utilized shall be 'non-restricted' and approved by the County of Ventura Agricultural Commission's Office and shall meet the requirements of Sections G, H and Appendix A, Section M. 59 252 C. TURF FERTILIZATION: 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative in writing of the application date, location, fertilizer formula to be applied and amount. applied at each location/park. 2. Fertilization of turf grasses shall be accomplished four (4) times each year at the intervals and with the fertilizer formula described below: First week of January, April, August, and October, application of a 16-6-8 with 18% sulfur and 1% iron pelleted type fertilizer, or equal formula as approved by the City. The Contractor shall broadcast the above fertilizer at the rate of six (6) pounds per 1,000 square feet of turf area and in accordance with ratios within the manufacturer's recommendation. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be completed in sections, in accordance with the area covered by the automatic irrigation controllers, so that the soil may be thoroughly irrigated 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 in writing of the application date, location, fertilizer formula to be applied and amount applied at each location/park. 2. Shrub and ground cover areas shall be fertilized the first week of April and September. Prior to shrub fertilization Contractor shall contact the City of Moorpark Representative and provide written verification of approved fertilize formulation and total amount to be applied per site prior to application. Shrub formulation and at the application rates are as follows: Ground cover and shrub fertilization shall be accomplished with a 15-15- 15 pelleted type fertilizer containing no less than 8% sulfur. Fertilization shall be applied evenly at a rate of eight (8) pounds per one thousand (1,000) square feet. The area shall be deep-watered immediately following the fertilizer application. 3. Contractor shall submit a written schedule to the City Representative for • 60 253 written approval prior to application. E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS (PLANTERS): The Contractor shall be responsible for trimming and weeding every other week, weekly removal of leaf litter and daily removal of trash and debris. Trimming shall be performed in a manner that does not alter the appearance of the landscaping, but presents a clean aesthetic appeal. Selective pruning is the preferred method. Use of power type trimmers/hedgers is acceptable however, "lollipopping, or ornamental type shaping will not be permitted. Shrubs shall be maintained in a manner that promotes natural growth patterns. 1. All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning twice annually per City approval in order to preserve the aesthetic value of the plant. Aggressive cut back trimming or "dead heading" to increase density and promote plant health shall be performed no less than once annually or as determined by the City representative. 2. Shrubs, ground covers, bare dirt and mulched areas shall be defined as "planters". 3. Planters shall be cultivated and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. 4. All planter areas shall be replenished with mulch no less than two times per calendar year to maintain a depth of no less than 2". City shall provide mulch (at no cost to contractor) for pick up at the Moorpark Public Services Facility located at 627 Fitch Ave. in the City of Moorpark. Contractor shall provide transportation to park site(s). In the event mulch is not available at the City yard, the City of Moorpark will deliver mulch to park site(s), location at site to be determined by contractor 5. Weeds, grasses and invasive plant species, as determined by the City Representative, shall be removed from all planter. areas weekly, or more frequently as needed, as a regular service requirement of this Contract. Weeds shall be removed manually, unless the Contractor has received prior written approval to utilize alternative means of weed control by the City Representative. 6. Chemical weed control shall only be permitted with prior written approval by the City Representative. All chemicals utilized shall be`non-restricted' and approved by the County of Ventura Agricultural Commission's Office 61 254 and shall meet the requirements of Sections G, H and Appendix A, Section M. 7. Contractor shall fill holes, knock down and grade gopher mounds and re- install groundcover in areas caused by such damage. Groundcover shall be identical to the existing groundcover type and reinstalled with flatted plant material or as otherwise directed by City Representative. F. MAINTENANCE OF TREES AND SHRUBS: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees. Tree care is limited to the removal of sucker growth, spouts, and limbs that obstruct the right of way and/or present a potential hazard, originating from the tree trunk,from the ground to the first twelve (12) feet. 1. Maintenance of Trees and Shrubs: Trimming and pruning shall be in accordance with the International Society of Arboriculture (ISA) standards, the standards and practices acceptable to the City and shall be consistent with the guidelines furnished below: a. Pruning for removal of dead, damaged or diseased parts. b. Pruning trees for removal of water sprouts and suckers as they develop. c. Pruning for shape and form shall include lifting of low tree branches to prevent hazards. d. Pruning shall be done with clean sharp tools. Cuts shall be made parallel with the collar but close enough to allow cambium growth around wound, per ISA standards. e. Parking lot trees shall have no branches lower than eight (8), or as directed by the City Representative to provide proper line-of-sight for traffic movement. f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Trimming shall not be excessive and shall be limited to no more than 10% of the overall size of the plant material, unless otherwise directed by the City Representative. Pruning methods shall provide a natural shape. g. Shrubs shall be maintained at a height no greater than 11/2 feet from top of curb at designated areas to allow for traffic safety, per standard plans. h. It is the Contractor's sole responsibility to conform to trimming and 62 255 pruning standards on all work performed. The Contractor agrees to accept all responsibility for the replacement of trees and shrubs damaged by Contractor's pruning operations, if so determined by the City Representative that replacement is required. 2. Tree / Shrub Replacement: Any tree or shrub badly damaged and in need of possible replacement shall be brought to the attention of the City Representative. The City Representative shall determine if the tree or shrub shall be removed and/or replaced. No tree or shrub shall be removed without prior written approval from the City Representative. 3. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace missing guards as needed. 4. Turf Conversion: Per the City's Drought Action Plan, which prohibits turf in parkways and irrigation runoff onto public streets, sidewalks or other hardscape areas, the irrigation system has been capped of all non-essential spray heads in many City parks. Contractor shall be responsible to maintain affected converted areas to City standards by maintaining them free of weeds and debris, and edging and installing wood chips per the appropriate sections of the Scope of Work. As these areas are improved and retrofitted with new plant material and low water use irrigation systems, the Contractor shall be responsible for maintenance of the new plant material and irrigation systems per the appropriate section(s) of the 63 256 Scope of Work. G. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION: 1. Scope: All work involving the transport and use of pesticides, herbicides, rodenticides and insecticides shall be in compliance with all Federal, State, County and local laws. The Contractor shall possess all valid State and County licenses and permits required for pesticide, herbicide, rodenticide and insecticide transport and application operations. Pesticide applicators (persons) assigned by the Contractor to perform pesticide operations shall have a valid license issued by the State of California Department of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State certification for categories specific to each pesticide for recommendation or use. Contractor shall be in strict compliance with all pesticide directives and laws governed by the County of Ventura Agricultural Commissioner's Office and be identified in the City of Moorpark's Restricted Materials Permit before conducting any Pesticide operations in the City. The Contractor shall not store Pesticides on City owned property at any time and for any reason without exception. Contractor shall provide the City with photocopies of valid Pest Control License(s), State Pest Control Advisor's License (s), and State Qualified Applicator's License (s)for individuals engaged in the transport and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Intent to Spray Application: Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix G) prior to the application of any pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s). All applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a. The exact location(s) where the pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s) is to be used, with the identification of the Insect (s), weed (s) and/or rodent (s) to be controlled. b. That the pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s) shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 64 257 3. Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Chemical weed control in shrub and groundcover planting areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with 'non-restricted' commercial herbicide (s), as governed by the County of Ventura Agricultural Commissioner's Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix G) prior to the application of any herbicide (s). All herbicide applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a. The exact location(s) where the herbicide (s) is to be used, with the identification of the weed (s) to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. c. That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4. Disease and Harmful Pests: a. Inspections of landscaped areas shall be made daily for evidence of disease and harmful pests. b. If evidence of disease or harmful pests is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s) where the disease, harmful pests are prevalent. 2) The contractor's opinion of the type of disease or pest. 3) The contractor's recommendation for control and elimination of the disease or pest. 5. Rodent Control: Rodent control at all locations shall be performed as a regular service requirement of this Contract to insure all areas are kept free of rodents. a. The Contractor's Pest Control Advisor's (PCA) recommendations 65 258 shall provide specific names of the specific vertebrate specie(s) expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host. (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the wellbeing of all surrounding habitat in the areas to be treated. Contractor further agrees to follow the PCA's Recommendation (s), and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. In no instance shall the Contractor, Contractor's Pest Control Advisor or Contractor's Pest Control Operator recommend or apply any anticoagulant rodenticides. b. The Contractor shall be responsible for implementing the rodent control practices approved in writing by the City's Representative. The contractor may use the subcontractor identified in the bid documents, at the Contractor's sole cost. An alternate subcontracted commercial pest control company, hired at the Contractor's sole cost, may be approved with prior written approval by the City's Representative. c. Contractor agrees to hire and bear the cost of securing a pest control company(subcontractor to be approved in writing by City) if Contractor fails to implement effective pest control measure within 30-days written notification by City. H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS: 1. All pesticides, herbicides, rodenticides and insecticides to be used that are designated "restricted" by the State of California Department of Pesticide Regulation, shall be approved by the City Representative prior to use and shall follow the guidelines outlined by the County of Ventura Agricultural Commission's Office. A written recommendation of proposed pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s) restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of fourteen (14) days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the- 66 259 Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural Commissioner's Office. Records of all operations stating date and time treated, geographic location, field location, operator ID/permit number, operator's name and address, application name and address, site treated, acres planted, acres treated, application method, U.S. EPA/California pesticide registration number of product applied, pesticide product name and manufacturer, total amount of product applied, and name and signature of person preparing report shall be made and retained in an active file for a minimum of two (2) years by the Contractor. Copies of Contractor's pesticide training records shall be presented to the City within 24 hours of notice to produce such records. 3. Notification of Intent to spray or apply pesticides, herbicides, rodenticides and insecticides used by the Contractor on City property shall be submitted to the City Representative. The City Representative shall have access to all pesticide records upon request. The Contractor shall retain all records in accordance with Department of Agriculture regulations and requirements 4. Pesticides, herbicides, rodenticides and insecticides shall be applied in a manner to avoid non-target areas. Precautionary measures shall be employed since all areas will be open for public access during application. 5. The City shall reserve the right to reject the use of pesticide herbicides, rodenticides, and insecticides at any time and for any reason of justification as determined by the City Representative. MAINTENANCE OF IRRIGATION SYSTEMS: 1. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic irrigation system components, with the exception of backflow protection devices. Contractor shall repair and/or replace as needed any irrigation system components, including irrigation systems within athletic fields, to insure optimal operation of the irrigation system. All irrigation systems shall perform according to the original design and installation intent. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written 67 260 vandalism or theft report, in a format approved by the City, for any claims of irrigation system damage due to vandalism or theft. Contractor shall not make repairs without prior written approval. 2. The Contractor shall be responsible for the cleaning, repairing, adjusting and replacement of all items, at its sole cost, listed in the succeeding paragraphs in addition to the following: * Irrigation Controllers (contractor not responsible for replacement costs) * Plastic pipe * Remote control valves * Remote control valve wiring *Valve boxes and valve box covers * Batteries * Plastic pipe fittings * Galvanized steel pipe * Galvanized steel fittings * Main lines * Sprinkler heads * Sprinkler assemblies * Riser assemblies * Quick coupler valves * Hose bibs * Gate valves 3. Replacement of. any item shall be with a new item of identical manufacturer and model number, unless otherwise approved in writing by the City Representative. 4. The Contractor shall inspect and examine the irrigation system weekly at all locations, while water is on. Any part of the system not functioning normally shall immediately be cleaned, adjusted, repaired or replaced as needed to restore the system to normal operation. This shall also apply in times of service failure for any reason. 5. At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. City shall be responsible for cost of the replacement irrigation controller equipment, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacement (s). 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to approve quality of backfill and compaction. 7. All drip line emitters, sub-surface drip line, standard drip line, polypropylene flex line, etc., shall be properly maintained and secured or staked at or below grade to ensure system integrity, reduce trip 68 261 hazards, and prevent unsightly appearance. 8. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones (as directed by the City). 9. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, parking lots, recreation use areas, and areas designated for special events and programs. Special attention shall be given to the relationship of conditions that affect day and night watering. 10. Contractor shall prevent water from over-spraying onto walls, walkways, parking lots, streets and private property. For this purpose, the Contractor shall provide the necessary repair, replacement, and component adjustment as required of all sprinkler heads, nozzles, swing joints and pipe risers. In cases where irrigation system design features makes this impractical or impossible, the Contractor shall provide, at no cost to the City, a recommended plan of component changes and/or a cost estimate for installation of the changes needed for the purpose of mitigating the undesirable over-spray. 11. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within one (1) hour of detection, shall be immediately reported to the City, and provisions made by Contractor to complete said repair prior to the close of the next regular business day. Additional time may be granted in writing, at the sole discretion of the City Representative. 12. Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation. 13. At the request of the City, Contractor shall identify and mark the location of sprinkler heads with provided flags, at no additional cost to City, to assist with improvement projects. 14. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control valve wiring: a. Plastic pipe shall be polyvinyl chloride(PVC)Schedule 40,Type 1, Grade 2 (PVC 1220). b. Plastic pipe fittings and connections shall be PVC Schedule 40, except risers, which shall be Schedule 80. 69 262 c. If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type. 15. Time of Completion: Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported to the City in writing, using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired. 16. Repair Inspection: Irrigation inspections by the City Representative may occur within one (1) working day of notification of services or repair completion. The City Representative shall inspect and verify performance and service of the repair. Should such inspections find the repair to be deficient, the Liquidated Damages clause of this Contract may be enacted at City's sole discretion. 17. Irrigation Materials: a. All replacement materials are to be identical type, manufacturer and model number unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium- to-high usage stock items for repair of the irrigation systems. c. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless otherwise approved in writing by the City Representative. 18. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation technician, fully trained in all phases of landscape irrigation system operations, maintenance, adjustment, repair and replacement. This is to include, but not limited to, diagnosis and repair of irrigation controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves, flow sensors, and electric pedestals. The Contractor's irrigation technician shall have a minimum of seven (7) years of experience at the technician level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician's qualifications, for City review and 70 263 approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in Appendix A, Sections A and B. The irrigation technician shall remain on site for a minimum of eight (8) hours per day, except as required to obtain irrigation equipment necessary for repairs to the City's irrigation systems. The irrigation technician is responsible for the City irrigation systems and shall not perform any other landscape maintenance services unless approved in writing by the City Representative. The irrigation technician shall be required to carry a basic inventory of irrigation parts and equipment to complete the necessary repairs. Contractor shall provide additional irrigation personnel, as needed, to provide irrigation repair and maintenance services described herein, in emergency situations or as directed by the City Representative. J. IRRIGATING AREAS: It shall be the responsibility of Contractor to maintain, operate, and adjust watering schedules to weekly local evapotranspiration (ETo) weather station reports as specified below, or as otherwise directed by City Representative, including but not limited to adjusting irrigation controllers and timers. 1. Watering of Turf, Shrub and Ground Cover Areas: a. Watering of turf, shrub and groundcover areas shall be scheduled pursuant to local evapotranspiration (ETo) data or by the City's Central Irrigation Management System. The Contractor shall utilize local ETo data to manually program the automatic irrigation controllers. Current local ETo data can be found at www.foxcanyongma.orq or http://www.cimis.water.ca.gov/ b. The automatic irrigation controllers shall be set to accommodate local ETo data. Failure to set irrigation schedules based on local ETo data, or scheduling the controllers such that the soil conditions have reached the point of over-saturation, shall result in liquidated damages. c. Contractor shall be responsible for the programming of the automatic controllers as directed by the City Representative. Contractor shall submit to the City a monthly schedule of the 71 264 irrigation system schedule. Any changes to the schedule must be submitted to the City for approval. City may request a change of programming at any time. d. Programming of the City's Central Irrigation Management System shall be the responsibility of the City unless otherwise directed by an authorized City representative. Contractor shall provide desired schedules to the City representative for his/her input to the system. Contractor shall not make any adjustments to the Central Irrigation System without written authorization by an authorized City representative. e. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor shall consider the variation in size of plants, roots, soil, solar orientation, irrigation components, and weather conditions when determining water requirements. Close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. f. All landscape and turf areas shall be irrigated as required to promote vigorous and healthy plant growth. g. Contractor shall provide the necessary labor to irrigate all turf and landscape areas. h. The automatic irrigation controllers shall be set to water during the hours of 10:00 p.m. and 7:00 a.m., Monday through Thursday, unless park use prohibits this schedule, or the City Representative approves an alternative schedule in writing. No regularly scheduled irrigation shall be permitted Friday 9:00 a.m. through Sunday 10:00 p.m. Exception shall be directed by the City Landscape Representative in writing. i. Contractor shall make adjustments to the irrigation schedule as required to minimize runoff onto sidewalks, and streets. j. Over-watering, which is represented by excessive run-off, over saturation, or high use rates caused by the Contractor's negligence, shall result in liquidated damages and the cost of water incurred by City k. New turf (up through the third mowing) shall be watered immediately after mowing. 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: 72 265 a. Irrigation Controller Program Log: To be submitted to the City Representative within one business day of irrigation program scheduling and/or adjustments to existing scheduling. b. Vandalism or Theft Report: Contractor shall prepare a written vandalism or theft report with a description of the location, date and time observed, item(s) or component(s) damaged or stolen, and the number of components involved. A written report shall be submitted within one (1) business day to the City Representative. c. Irrigation Schedule and Maintenance Report: Contract shall prepare a weekly Irrigation Schedule and Maintenance Report (Appendix F) and submit a copy to the City Representative monthly. 3. Irrigation During Inclement Weather: Contractor shall adjust irrigation controllers to the "OFF" or "RAIN PAUSE" function prior to actual inclement weather conditions when local weather reports forecast a 40% or greater chance of inclement weather or as directed by the City Representative. The Contractor will be responsible to return controllers and timers to the "ON" position when "ETo" indicates conditions are appropriate. K. SWALES, DRAINS AND CATCH BASINS: 1. Contractor shall maintain all swales, drains and catch basins on a weekly basis. The drains and catch basins within the Poindexter Park Skate Park shall be inspected daily during periods of inclement weather to insure operable flow. Maintenance operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris at all times. 2. Drains and collection boxes shall be inspected weekly, and cleaned and cleared of all debris as needed. 3. Drain grates shall be inspected weekly. Contractor shall immediately inform the City of any broken or missing grates, and secure same to keep the area safe for public use. 4. Filter fabric (where present) under drain grates shall be maintained by Contractor and replaced as needed at Contractor's sole expense. L. DRINKING FOUNTAIN AND WATER FEATURE MAINTENANCE: 1 Contractor shall inspect, clean and disinfect entire fixtures daily. • 73 266 2. Leaking fixtures shall be turned off immediately upon detection and reported to the City Representative for repair by City 3. Clogged or stopped-up valves or drains shall be unclogged by the Contractor, and immediately reported to the City Representative. 4. Drinking fountain on/off "buttons" shall be tested daily to insure that normal operation and water pressure is available for drinking. Any damage, malfunctions, etc., shall be reported immediately to City Representative. M. LITTER CONTROL: 1. Contractor shall provide litter removal services on a daily basis. This shall include, but not limited to, the removal of litter, paper, rocks, glass, trash, leaves, fallen tree branches, and other miscellaneous debris. Litter removal shall be completed daily in all park areas including, but not limited to, hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence lines, landscape areas, steps, planters, drains, catch basins, parking lots, turf areas, playgrounds and all slopes, from the toe-of-slope to the top-of-slope. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City supplied solid waste containers or bins. 3. Litter pick up should be done as early as possible. Litter pick up shall be completed in all park sites by 10:00a.m. daily. 4. Litter shall be removed from hiking trails and within 10 feet either side of pathways. 5. Litter picked up on site shall be placed in City supplied refuse bins and not in public use trash containers. N. TRASH, RECYCLING AND MUTT-MITT RECEPTACLES 1. Trash and recycling receptacles in City parks, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness 74 267 or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. Recycle material shall be removed from the liner and placed in appropriate recycling bin. The liner shall be placed in appropriate trash bin. 2. Trash receptacles located inside the boundaries of and directly adjacent to College View Dog Park shall be emptied every day. Liners shall be provided by the contractor and replaced no less than daily. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. 3. Park trash, recycling and Mutt-Mitt receptacles shall be cleaned as needed or as requested by the City Representative, but no less than monthly. O. TRASH, RECYCLING AND GREEN WASTE BINS 1. A designated trash, recycling and green waste bin will be provided by City, and located at locations determined by the City. 2. Contactor shall not dispose of any solid waste refuse, recyclables or green waste in bins provided by the City that is not generated as part of this Contact. 3. When provided by the City, waste and recycling bins shall be stored in enclosures. Contractor shall be responsible for cleaning trash bin enclosures of all trash and remove accumulated debris to provide a surface that is clean of foreign matter, green waste, and food spills on a daily basis. By the end of each work day, the trash bin enclosure gates shall be closed and locked. P. RESTROOM MAINTENANCE: Parks restrooms shall be opened, cleaned and sanitized thoroughly on a daily basis Monday through Friday. Any equipment that has been vandalized or is in need of repair or any graffiti observed, shall be immediately reported to the City Representative. All restroom facilities shall be cleaned, sanitized, and in operation no later than 8:00 a.m. each day. Contractor shall open restrooms as early as 7:00 a.m. if requested by City. Upon opening, restroom doors shall be locked in the open position. If lock is not operable, Contractor shall notify City Representative immediately. The restrooms shall be maintained and stocked with all necessary supplies to keep restrooms operational Monday through Friday, including but not limited to; restroom hand soap, paper towels, and toilet paper, at the Contractor's sole expense. City shall reserve the right to approve the quality of the supplies used. All litter containers located inside or adjacent to the restroom shall be 75 268 emptied daily. City will be responsible for restocking restroom supplies used on Saturday, Sunday and approved holidays. During inclement weather and upon the direction of the City Representative, Contractor may be instructed to keep restrooms locked. The Contractor is responsible for daily cleaning or service of each item listed: 1. Pick up and disposal of litter in and around restroom facility. 2. Empty trash receptacles and replace with commercial type liner(s) with 1.5 mil thickness or better. 3. Sweep and mop floor with a cleaner disinfectant manufactured specifically for restroom floor use. 4. Clean walls and ceiling with a cleaner/disinfectant. This includes tile and grout. 5. Wash and disinfect partitions. 6. Remove graffiti with a City approved graffiti remover. If graffiti cannot be removed with said cleaner, Contractor shall notify the City Representative within one (1) hour of determination. 7. Clean sinks with a cleaner/disinfectant. 8. Clean mirrors 9. Clean and disinfect toilets. 10. Restock toilet paper, with a 2-ply tissue, as approved by the City Representative. 11. Restock paper towels with white multifold 9.1/5"x 9.2/5", as approved by the City Representative. 12. Wet mop/hose the entire floor surface using an approved cleaner/disinfectant. Dry the floor with a dry mop before opening to the public. 13. Remove any offensive odors. 14. Any acts of vandalism or theft shall be immediately reported to the City Representative. 15. Contractor shall lock restroom during periods of inclement(rain)weather, 76 269 as directed by the City Representative. Contractor shall open restrooms as weather conditions allow, per the direction of the City Representative. 16. Contractor shall report all water leaks immediately upon discovery, and make every attempt possible to shut water off in such a way that will isolate the leaking fixture until repairs can be completed by City. 17. Contractor shall report all electrical problems, such as damaged building security lights, non-operable hand dryers, etc., to the City Representative immediately upon discovery. 18. Remove spitballs, cobwebs, and other foreign materials form doors, wall, ceilings, partitions, vents, etc. 19. When restroom fixtures (i.e. toilets, sinks, urinals, etc) are determined to be inoperable, Contractor shall cover said fixture with a black plastic trash can liner, tape close the edges, and immediately notify the City Representative. Q. RECREATIONAUATHLETIC FIELDS: 1. The Contractor shall visually inspect all athletic and recreational sports fields and related amenities minimum once daily. Contractor shall remove all litter, rocks, debris and other obstructions. 2. Contractor shall immediately report to the City Representative any conditions, which are below operable standards or where signs of damage, vandalism, and wear have occurred. This includes, but is not limited to, to, backstops, chain link fences, benches, bleachers, and light poles and fixtures. 3. Brick dust infields and decomposed granite areas (inclusive of designated paths and trails) shall be level and kept free of weeds, trash, surface ruts and debris. Contractor shall clean all bleachers and dugout areas daily using an air broom. Such work shall be performed before 11:30 a.m. 4. Contractor shall be responsible to remove graffiti that can be removed with an approved solvent. Such removal shall take place within two (2) hours of observance. The City will be responsible for all other graffiti and the Contractor shall be responsible for reporting said graffiti to City Representative immediately upon observance. R. HARDSCAPE SURFACES 1. All hardscape surfaces, such as sidewalks, steps,walkways, ramps, curb and gutters, access roads, parking lots and walls adjacent to or within 77 270 City Parks, shall be kept clear of dirt, mud, trash, leaves, weeds and any other substances or miscellaneous debris which are either unsightly or unsafe. 2. The Contractor shall be responsible for weekly cleaning, sweeping, raking, or blowing of hardscape surfaces, parking lots, access roads, decomposed granite pathways/trails, and walkways adjacent to all park areas. 3. Patios, sidewalks, walkways, parking lots, access roads decomposed granite pathways/trails, and entry points at Arroyo Vista Recreation Center facilities shall be kept clean and clear of all hazards and debris. 4. Decomposed granite (DG) pathways and/or trails shall be maintained daily to provide safe, clean, and stable accessible surfaces free of debris and potential hazards. Deviations, holes, erosion, soft spots, sloughs, irrigation malfunctions, including all potential slip or trip hazards shall be repaired daily, immediately upon discovery, or at the direction of the City Representative. All repairs shall use same type and color DG containing stabilizer or an equal substitute DG product after review and approval by the City Representative. Repairs shall be properly compacted using water, tamper, vibrating plate, or other means/methods to achieve proper compaction. 5. Permeable asphalt parking area located along access road between parking lots B and C at Arroyo Vista Community Park shall be blown off daily and vacuumed quarterly, (no less than four (4) times per calendar year). S. PICNIC AREAS/SHELTERS: Daily Maintenance 1. Picnic tables, benches, concrete slabs, and trash containers shall be cleaned and sanitized daily. 2. Vandalism and damage observed to picnic tables, benches, concrete slabs, and trash containers shall be immediately reported to the City Representative upon detection. 3. Ashes, partially burned charcoal,garbage and leftover food in and around cooking and picnic facilities shall be removed daily. Contractor shall ensure that burned charcoal and ashes are cool and safe to dispose of in refuse bins. 4. The entire picnic area, including shelters, shall be kept free of broken 78 271 glass, cans, paper, leaves and litter. 5. Empty all trash containers. Contractor shall supply all trash receptacles with 1.5 mill or better liners at own expense. 6. Remove all tacks,tape, staples, strings, balloons, banners, etc., and other objects adhered to tables, benches, shelters, restrooms, and other picnic amenities. T. SAND PLAY AREAS / PLAYGROUND EQUIPMENT: 1. All playground sites and equipment shall be inspected at the start of each business day before 8:00 a.m. Monday through Friday. Any signs of vandalism, damage, graffiti or potentially hazardous condition observed by Contractor shall be immediately reported to City Representative. 2. The entire area shall be cleaned and neatly groomed daily; sand and play areas installed with engineered wood fiber (EWF) shall raked level. All foreign and hazardous materials shall be removed. All play areas shall be maintained free of weeds, leaves, litter, cans, broken glass, and other harmful and unsightly debris. 3. Special attention shall be made to low and "dished out" areas around play equipment and entry locations. These sand (or EWF) areas shall be leveled by providing equal distribution from high areas to low areas. 4. During the leveling and distribution of sand (or EWF), contractor shall insure that concrete footing are not exposed. Each footing shall be covered to provide minimum of 12" cover. 5. During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 6. Contractor shall report low sand or EWF and sand compaction immediately to the City Representative. The City shall provide additional sand or EWF as needed. 7. Rubber resilient surfaces (rubber matting) shall be cleaned with a leaf blower daily to remove sand, silt and other debris. Any cracks, tears, rips or holes shall be reported immediately to the City Representative upon detection. U. SWEEPING OF RECREATION HARD COURT AMENITIES: 1. Contractor shall sweep all hard courts including, but not limited to, basketball courts, roller hockey courts, skate park (tennis courts are addressed separately), and adjacent hardscape on a daily basis between 79 272 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 todust, 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 spills, spot washing as needed to keep court surface clean and ready for play upon completion. b. In the event of inclement weather and upon the direction of the City, the Contractor may be directed to keep the tennis courts locked. V. GRAFFITI 1. Contractor shall inspect all parks for graffiti on a daily basis. Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and/or a police report prior to removal. The Contractor shall be responsible for removing graffiti that can be removed using a solvent specifically formulated for graffiti removal and approved for such use by the City within two (2) hours of detection. If graffiti cannot be removed with said solvent, Contractor shall immediately notify City Representative. The City shall be responsible for removal of graffiti that cannot be removed by the City approved solvent. 2. Special attention shall be given to the following areas upon the 80 273 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. q. Softball field back stops 3. All materials and processes used in graffiti eradication shall not damage surfaces or areas adjacent to the graffiti abatement area. All graffiti removal solvents shall be approved by the City and shall meet CAL- • O.S.H.A. requirements. 4. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 5. Contractor is not required to sandblast or paint graffiti. 6. Contractor shall clean spills, spatters, and runs from removal operations as a part of each opearation. W. SERANATA TRAIL (approximately 1.5 miles) 1. Contractor shall perform trail maintenance every other week. Trail maintenance shall-include, but not limited to, removing trail ruts, removing 81 274 trash and litter, removing graffiti and reporting potential hazards to City Representative 2. Contractor shall remove all weeds from trail path and trim 2 feet to both sides of trail monthly. 82 275 APPENDIX C PARK SITE DESCRIPTIONS AND LOCATION MAPS CITY PARKS SITE DESCRIPTIONS SIZE MAP 1. Arroyo Vista Community Park 4550 Tierra Rejada Road 69 Acres 1 Located northeast of Moorpark High School. 2. Campus Park 14900 Harvard Street 2.5 Acres Located at the south end of Duke Street. 2 3. Campus Canyon Park 6970 Campus Canyon Drive 5 Acres Located at the corner of Collins Drive and Campus 3 Canyon Drive. 4. Community Center Park 799 Moorpark Avenue .75Acres Community Center Park. 4 5. Country Trail Park 11701 1/2 Mountain Trail Street 8 Acres Located on the north side of Mountain Trail Street, 5 west of Arroyo West School. 6. College View Park (Griffin Park ) 15400 Campus Park Drive 5.5 Acres 6 Located at the corner of Campus Park Drive and Collins Drive. 7. Glenwood Park 4.5 Acres 11800 Harvester Street 7 Located on the south side of Harvester Street. 8. Magnolia Park 296 Magnolia Street 1 Acre 8 Located on Charles Street and Magnolia Street • 83 276 9. Mammoth Highlands Park 7000 Elk Run Drive 6.9 Acres 9 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 10 include Seranata Trail. 11. Monte Vista Park 4200 Spring Road 5 Acres Located on the west side of Spring Road, north of 11 Christian Barrett. 12. Mountain Meadows Park 12432 1/2 Mountain Meadow Drive 8 Acres Located at the corner of Mountain Meadow Drive 12 and Mountain Trail Court. 13. Peach Hill Park 13200 Peach Hill Road 10 Acres Located at the corner of Christian Barrett Road and 13 Peach Hill Road. 14. Poindexter Park 500 Poindexter Avenue 7.5 Acres Located south of Poindexter Avenue, west of 14 Chaparral School. Includes trees and tree wells in front of Chaparral School 15. Tierra Rejada Park 11900 Mountain Trail Street 8 Acres Located at the southeast corner of Tierra Rejada 15 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 16 Road. 17. Virginia Colony Park 5600 Condor Place Located at the corner of Condor Drive and Virginia 1.5 Acres 17 Colony. 84 277 18. Villa Campesina Park 4704 Leta Yancy Road .5 Acre Located at the end of Leta Yancy Road. 18 19. Seranata Trail Miller Parkway n/a 19 Located on Miller Parkway with connection to Miller park 20. Walnut Acres Park 161 2' St. .3 Acre No Map • 85 278 1. ARROYO VISTA COMMUNITY PARK 4550 TIERRA REJADA ROAD MOORPARK, CA 93021 ,Y d -- _ -��i t7 ii yes - i4-11-111 -� 1. s.. --_ _".- t 7,t.` '. ti J �. i..., e -.:5.S "1 r �.. ...�_ � "•Syr '~' '_. x2—'"' r ;-- sem --r-.------41-:=t-• _ i ' Jrrc- • is, `�.. 1a ''MAW 0,_Tie.#'--T-'ill'.:91-1-7 --/ ---.---,--- --- -t- •- .-''. ry , , -:,#- -- 47::,-1- ---,-,--1-'--'-- % ''',.1--a.,;:,- ---'! - IMari' i 7r - } = *** r t ,A - ., a. - _ '---_-_-:.,==------=': * ,, _ - _a i - • -. - - r• ,;,-...-;." ....,;,:c-..:, 4F r --,� ✓.� FT ''ymf - _ o ►+ry 7. '"kms t - _ _4442-i,F" '- - i" --:y, {�, ,4- 41 -4 • ... 7:14:4'-'4 4 1 _'� -,www may'' � 4 A .!fit - li 4 1®4498" c' -' ti �s,x f ._,- -t. 7 ..,J ,,f-.4 -a•- ,r r` ~ate„ , Y 7 3 � . `�\ � f t` r `=r `r.�:,. kg Wires °,! ,t f ' `'; • i'` .i r • a� � ) r. yam• ". mit _r, , x _ • -- ti 's.-1'' . * .0-" / • -� �� a 4'-i - - . ? .1,7j„-.2 ,,L -' City of 91 oopark "ii __ 799 MOORPARK AVE �;y� .. MOORPARK CA,93021 ��J $ ALE N.T.S. UTE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 THE CONTRACT. 86 279 2. CAMPUS PARK 14900 HARVARD STREET MOORPARK, CA 93021 ti I ,- . it - Q r W- _ e1 fir ; -.. APPROXIMATE N.DUKE STREET PARK BOUNDARY \ .• ,.- ....r.- 1 .* ar" _ - ten,. s' yPs I. ,:.€---'''''«,t, City of i oopal , ion. 795 MOORPARK AVE L'A MOORPARK CA,93021 SCALE N.T.S. diE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER I-AS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 CONDMONS OF THE AREAS TO BE MAINTAINED ACCORDING TO THE CONTRACT. 87 280 3. CAMPUS CANYON PARK 6970 CAMPUS CANYON DRIVE MOORPARK, CA 93021 s # � rip k.. `ti ! 0 � :� 1 � g J z - - - -:I, - '41•4_._.:_±1,_ ..„.:* k 1 ., t , a T 41,�ili,. tr "; 1< ` _et. "� APPROXIMATE 1. .; PARK BOUNDARY / _ - s Al _ .. _ 4 _ e Cizy of Moopa . lull _''''N1 799 MOORPARK AVE ��'J MOORPARK CA,93021 =GALE N.T.S. UR APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMEMTES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBLITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 THE CONTRACT. 88 281 4. COMMUNITY CENTER PARK 799 MOORPARK AVENUE MOORPARK, CA 93021 --'),,, • *,:. _, '9 • ce , - . ' t qL ,� _• APPROXIMATE G, E PARK BQIMARY a m 1 "•- i 0,....3,:z., -.0.„, �� _1 • C'. . d*ro,,, f f' . * - - - • 444 v \ ., y1 — 111111111 I-_ r'._ City of Moopark, •Ni1 _ 799 MOORPARK AVE � J MOORPARK CA,93021 SCALE N.T.S. IME APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUU EMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 CONDMONS OF THE AREAS TO BE MAINTAINED ACCORDING TO THE CONTRACT. 89 282 5. COUNTRY TRAIL PARK 11701 i MOUNTAIN TRAIL STREET MgOORPARK, CA 93021 . , , is ,1 NL--..,-- ___,,A;-::__-------_,,,, • 11. ( -- i i I Set • 1 1s 1, a • ,. s APPROXIMATE 1 . PARK BOUNDARY as 1 tM J -. n II, 4' \ , ....-4;e0 *X , •- -,,-- . 4 _ s T-. ' ....-,---it .n.. 1 41.44i‘.,,- - 44-; !®ate - / -/' ;� R 31,1#11.4 ' : aaaaiivir 00•,•art. = City ofrloopark lumrl _ 799 MOORPARK AVE LISJ MOORPARK CA,93021 SCALE N.T.S. WE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDFTIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE SUBMISSION OF A PROPOSAL SHALL BE CONSIDERED PRIMA FACE EVIDENCE THAT THE BIDDER HAS MADE SUCH EXAMINATION AND FULLY ACCEPTS THE RESPONSIBILITY FOR THE TERMS AND CONDMONS OF THE AREAS TO BE MAINTAINED ACCORDING TO THE CONTRACT. 90 283 6. COLLEGE VIEW PARK 15400 CAMPUS PARK DRIVE MOORPARK, CA 93021 F _ t^ - - / I 1 l'", -------1 ''s 0_14, (,`f I C) / i ‘1/4APPROXIMATE °$ ', a PARK BOUNDARY .• 2 I r i ti �,.. ; 1 i i , 1...- i fl 11 1 4, it , - . s 404, ,. -4.1-,,--. .!Sa -k � _. . City of f(oopark ■.T. %\ " 799 MOORPARK AVE J " MOORPARK CA,93021 BALE N.T.S. WE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE SUBMISSION OF A PROPOSAL SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE BIDDER HAS MADE RICH EXAMINATION AND FULLY ACCEPTS THE RESPONSIBILITY FOR THE TERMS AND CONDITIONS OF 91 284 7. GLENWOOD PARK 11800 HARVESTER STREET MOORPARK, CA 93021 ... h, _ o... ---: ,1 4 -a. t r 1 - .r.V 4-'- ', ---.. : 1116.Z' ' -1 . ,..'-='-'1 I f:L r '. e HARVESTER STREET,. _ ii - ,I 4. ,. - �, r �. - 4' APPROXIMATE �h1 B-. PARK BOUNDARY ±-.' - ■ itri Sr ; if I 4.4 ■ _= ■ =I: a - _ _- - .w.y p , ��y: - w•r.•'�rr�-■rYr''' r te " -ai t - r_. - `� t' i 'oto f s 'T{ttflt .« ,1�n mr�r' C t v F `C 1 #. f , R Stt11411, Ir'� ax = t !c!rio, ft 1}4t 1 '11.�.•to #�{ „ . F , tr.4 , q r , 1. i 114f II ink i• =tlitrtt lIl�Sf#Itlirilft(t- 1- .�t► r�,a 1 t f , it ><i • 1,. .r �..' ' ).. - '`' dt `0; ziortoitlit 1' is 4411ltiltiltll I_t ( I, .r+ "fir: I i` r , -- ,„t 1 Ii.1 3 mm,,.,., .i 1:::mitt- “:”V __ -, City of Moopark 11111 _ \ 799 MOORPARK,AVE —17 � � MOORPARK CA,921 SCALE N.T.S. ME APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 DF 92 285 8. MAGNOLIA PARK 296 MAGNOLIA STREET MOORPARK, CA 93021 MAGNOLIA STREET •__ f=...,..1.--__7 ft -.-__ ii;-•: 3 i I APPROXIMATE PARK BOUNDAR ark 4 A _ I- # _s_ - - a # • lc) , MIST , • e k - , 1 i +• y • t a City of 94,toopark, mil %\ 799 MOORPARK AVE J MOORPARK CA,93021 KALE N.T.S. 'ATE APRIL 10.2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDIl1ONS THAT MAY AFFECT THE BEI PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMNARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 93 286 9. MAMMOTH PARK 7000 ELK RUN LOOP MOORPARK, CA 93021 8 v . _..,. _._.,1 ....„. .14, . . 12...;_...:.......„,,, ,,, ,___,....*.,1,.,.. ___. .., ._,,.,:: .,:_....___,:_.:.,..._ .,_ ... __..w E.: ,,,__ t_y •.r a #s • APPROXIMATE } PARK BOUNDARY t - F. i _ - b ,# I 1 `. - - . .-. '• 456, N '' .,- . * _ . oi City of&1oopark inn /-\ 799 MOORPARK AVE � � y MOORPARK CA,93021 KALE N.T.S. WE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF TI-E WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 94 287 10. MILLER PARK 4530 MILLER PARKWAY MOORPARK, CA 93021 _ *Ai .e- . ..„ —4' , - • ''. '.,' .1_. L"' '-- 4- ■ a i _ the �` ■ E ,* , - I . a- , - — \ * ', I --- _ APPROXIMATE 1 I PARK BOUNDARY I�♦- • e I -E ` i 1 I . t � ■ • • r. , F -I Jr :! !, j�' f - L Y0 'j`+ ♦ I n? _ ♦ e - iC' .• /f jlt,r- __ . 4 err City of 9ttoopark, ■ITI 799 MOORPARK AVE - MOORPARK CA,93021 KALE N.T.S. IME APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDIl1ONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 95 288 11. MONTE VISTA PARK 4200 SPRING ROAD MOORPARK, CA 93021 -, v w- 4 , - ' • \,,,\-- ._ , 1.,,e_-- ..- T.f.. `1.1.-„,_47.... . .,\,\1,,,I1` ' 11\ th c •_ \t i , C.-:; • - -NI t 44' 1 \ \ ' r ,�-;----W--V. -6 le. ,s4i- �f _ - 'y.ii,to t fI It # 1 / '' f• APPROXI •TE 4 t /f PARIBOU , . ��; r � ., -,, - .--- - •4 '- ' .0 twri•_. _„...- \.,, isa - - r. - `•., 444, - +fes �` _ _OS IA ft_ 4� �J y ik -- City of 4loopark Ian %\ r ; .,- 799 MOORPARK AVE MOORPARK CA,93021 KALE N.T.S. IME APRIL 10.2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY_ ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 96 289 12. MOUNTAIN MEADOWS PARK 12432 i MOUNTAIN MEADOWS DRIVE MOORPARK, CA 93021 •; 444 41‘ r -. L !J//J -i of PPP - • i av a .- Y ° f� 9 ti r l ` , ie .._ i ...."- ; V741111/44 - APPROXIMATE ;r• PARK BOUNDARY - ♦♦ II . ♦ • ♦• t ♦♦ ♦ `fir ♦ \ '.. ?'. _"gyp-i \ 1 --p._,.'. City of£Moopark IIITI /-\ gip_.` 799 MOORPARK AVE J MOORPARK CA,93021 BUIE N.T.S. ME APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY_ ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE SUBMISSION OF A PROPOSAL SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE BIDDER HAS MADE SUCH EXAMINATION AND FULLY ACCEPTS THE RESPOHLSIBILfrY FOR THE TERMS AND CONDITIONS OF 97 290 13. PEACH HILL PARK 13200 PEACH HILL ROAD MOORPARK, CA 93021 a3 -- II I= - �^ b g -. r-'�- '`� APPROXIMATE , PARK BOUNDARY - i - -I - - l. - i - .-V �` - _ - �` -7 - _ ,ter a� _ ♦ IWR - - .�. m I.. ;i ^ sNa City of9toopark MET. %\ yAir_ 799 MOORPARK AVE L J MOORPARK CA,93021 KALE N.T.S. UTE APRIL 10.2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURNG THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE SUBMISSION OF A PROPOSAL SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE BIDDER HAS MADE SUCH EXAMINATION AND FULLY ACCEPTS THE RESPONSIBILDY FOR THE TERMS AND CONDITIONS OF 98 291 14. POINDEXTER PARK 500 POINDEXTER AVENUE APPROXIMATE MOORPARK, CA 93021 PARK BOUNDARY _ _ r_ _ s _"tip - ,-.-_ u "teri.:- ■ I k -�. � �,•tee.-� � r� .i, i , .. _, I I '4\ ir�d t- ° . • yam : a . a _- , • 111. ' - .,___ _. ) iii.' 4, .! f., 44.. Wit'® 1 i - o su `i'' _ , _ ! . \ e_ �I `$ T _ .. _ _ a Wri -. q _l_FI ■• 1 :` , . . _ ... �„,.._ I ) . `tj \tc.--3 241127 f r tis - ' --_a linw._-- , —--.. . W. t r Cit'Of Moopa1 , _ It is TOO MOORPARK AVE I`�J MOORPARK CA,93021 KALE N.T.S. lin APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. R IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELMNARY TO AND DURNG THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE SUBMISSION OF A PROPOSAL SHALL BE CONSIDERED PRIMA FACIE EVIDENCE TI-IAT THE BIDDER HAS MADE SACH EXAMINATION AND FULLY ACCEPTS THE RESPONSIBILITY FOR THE TERMS AND CONDITIONS OF 99 292 15. TIERRA REJADA PARK 11900 TIERRA REJADA AVENUE MOORPARK, CA 93021 , +i jr ss -NrI v t� 14,, . .E r.nue raa�' _ r s. {,7 - 44l` I t .L -t,.....� + a.� �—may .� .e:,, 1 4%/ ' .7.APPROXIMATE y. - --- ) �_I PARK BOUNDARY _ - i — __ T"it--.v. ,' - 'O4-, 44.' it , g Q ' ' / & r°r,4-Mm IN---MIN r*■ ;tea ,t-.,n mr►r e - ' '�4Ysm „ - _A ,I E 1014.100,• „,40 R '71ij 4, !` .- craf-t -. -- 1t .._ ip *`'look 4 vow , T ,�,4 1`- \ - r mac, i • 1. e LM:, ___.,,,‘&-,_ 44'Z'''---Ym-.. _._ ? - - . �- ~- _ d r City of 9Loopark m u %\ '-4 799 MOORPARK AVE ,. _ MOORPARK CA,93021 SCALE N.T.S. WE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 100 293 16. VETERANS MEMORIAL PARK 608 SPRING ROAD MOORPARK, CA 93021 iii, i - ------_-7-:-___ agmemeiliir* _,_,._e_.,...,_„=„,_-,_—_.=---,,,,,: -_—:-- - - aC '� �` ♦ _.. IVY t_ � .may s FLINNAVELlAce F ` — .; TAPP ATE ----� - _ - )�i a- - ♦ # 3 -PARK B DARY .. --*N _ -- F �\ .-.% APPROXIMATE . O ririk.Nsa• PARK BOUNDARY Z i t \• 2 I ■f. °rt•�s�► u ----'4(- .1--a--ir- ,_ 4 • . . , I -- City of JM�loopark .•.r. _ _ _ saw • 799 MOORPARK AVE `+ J - MOORPARK CA,93021 SMILE N.T.S. IIIWE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 101 2 9 4 17. VIRGINIA COLONY PARK 5600 CONDOR PLACE MOORPARK, CA 93021 �,.• - u, , 0:.- -r° 1 r 1 • e s , - © • a r t-, • 2 i a - p + a a s ► a • y �� _' T / w t 1 l-,_ `' 4 1( r ♦t s I _ v� mss/ APPROXIMATE i _-1-.1 II -:- *s P RK BOUNDARY * ` a s 4; l a I a t 3 a a i a II II i VIII r�r+�."rr*tea a °°°°°° &oo —_ s , City of Moopaik, •UTI V"---'\ r 799 MOORPARK AVE ��J 't- MOORPARK CA,93021 =COLE N.T.S. RUE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITES NEEDED PRELIMNARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 295 102 18. VILLA CAMPESINA 4704 L ETA YAN CY ROAD MOORPARK, CA 93021 -, . - - . s _ , . Vrlla Caoe3,r.a:Ave `. r.n ,i Otr , r. - - -- - - - - -- _ c3 •�. _ El / } I - I =-_ ` .,,,. *•a 1 J ~ 5 ..,.,�.t 7 j .d jr '.1- 4, ` APPROXIMATE *IL �".+ o PARK BOUNDARY - •4 - r �', :rIL 4.11/ ----. 1- . - _ a' as Y e'er . aao -.'-a, _. . as liki MMM r = 3i 4 - __,t .-_- -----, -.'d`,. -1_1_- - _--.-.ate:: - • , City offMoopark Milli r 799 MOORPARK AVE LTJ _ MOORPARK CA,93021 SCALE N.T.S. WE APRIL 10,2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. R IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 103 296 19. SERANATA TRAIL MILLER PARKWAY MOORPARK, CA 93021 •,r•'arirr~ ,• • 'ii4�.. srp..rnr�*rr¢s��*rrRry • 'ill'it 4 si !,4 a "AB NMrMw4 . � APPROXIMATE i•~,w ...`• e'} 4'' TRAIL LOCATIONet fiks,„„, _ � >r rrr*S;r* Y 411,41, 1 ate; O• • ioditi MILLER PARK .-, 1 D.- ` Go()81(.. eartl -. City ofllooparkNM I 799 MOORPARK AVE MOORPARK CA,93021 SCALE N.T.S. WE APRIL 10.2013 THE PARK SITE SHOWN IS FOR REFERENCE ONLY. ACTUAL SITE CONDITIONS,PARK SIZE,PROPERTY BOUNDARY AND AMENITIES IDENTIFIED MAY VARY. IT IS THE CONTRACTORS RESPONSIBILITY TO PERSONALLY EXAMINE THE SITE OF THE WORK CONTEMPLATED,SPECIFICATIONS,AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID PROPOSAL,TO ASCERTAIN THE EXISTENCES OF ANY CONDITIONS THAT MAY AFFECT THE BID PROPOSAL. IT WILL BE ASSUMED THAT THE BIDDER HAS PERSONALLY INVESTIGATED AND IS SATISFIED AS TO THE GENERAL AND LOCAL CONDITIONS OF THE SITE,THE CHARACTER OF THE EQUIPMENT AND FACILITES NEEDED PRELIMINARY TO AND DURING THE PROSECUTION OF THE SERVICES,AND THE REQUIREMENTS OF THE BID SPECIFICATIONS. IT IS MUTUALLY AGREED THAT THE 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 104 297 APPENDIX D COMPENSATION DESCRIPTION MONTHLY BID AMOUNT 1 Arroyo Vista Community Park $ 2 Campus Park $ 3 Campus Canyon Park $ 4 Community Center Park $ 5 Country Trail Park $ 6 College View Park $ 7 Glenwood Park $ 8 Magnolia Park $ 9 Mammoth Highlands Park $ 10 Miller Park $ 11 Monte Vista Park $ 12 Mountain Meadows Park $ 13 Peach Hill Park $ 14 Poindexter Park $ 15 Tierra Rejada Park $ 16 Veterans Memorial Park $ 17 Virginia Colony Park $ 18 Villa Campesina Park $ 19 Serenata Trail $ 20 Walnut Acres Park $ Total Cost $ • Price must include labor, material, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue park landscape maintenance services at any of the locations listed, at any time. The Contractors monthly bid amount shall remain in effect at all other areas until the Agreement with City and Contractor has been terminated. • The Contractor shall be notified in writing as to the date to commence park landscape maintenance services if it is different than October 1, 2017. 105 298 APPENDIX E CITY OF MOORPARK CONTRACTOR WEEKLY INSPECTION REPORT Contractor: Month • Park Name: Inspector: Retain document for 3 years after inspection Area Inspected DEFICIENCY WEEK Yes(Y)or Description/See 1 2 3 4 No(N) detailed report below A. Landscape 1 Damages—Traffic Accident, Vandalism,Theft, etc. 2 Mowing, edging,trimming has been completed 3 Trees and shrubs have been maintained, planters weeded 4 Shrubs,turf or tree replacement needed 5 Turf areas are weed free(herbicide applicator scheduled?)provide 6 Turf areas inspected for hazards such as holes, mounds, rocks,glass and other debris and removed daily(list hazards removed) B. Trees 1 12"tree wells have been maintained 2 No sucker growth or low limb obstructions 3 Tree supports and stakes are secure 4 Tree contractor(WCA)services are required C. Traffic Control 1 Required traffic control devices in- place 2 Encroachment permit at site and posted in vehicle D. Hardscape 1 Damage or hazards in sidewalks, curb, gutters, parking lots or picnic areas 2 Swales and drains clean 3 Litter&debris removed daily 106 299 E. Fertilization 1 Grass: Forecasted Application Date for:Jan/Apr/Aug/October 2 Shrub: Forecasted Application Date for:Apr/Sep F. Pesticide 1 Notification submitted to City:Weed Control Application 2 Notification submitted to City: Rodent/ Disease/Insect Applications G. Lighting 1 Lights Bulbs Burned OUT/Staying ON /Vandalized etc. H. Graffiti 1 Restrooms: Identify location&log time 2 All other areas: Identify location &log time I. Playgrounds 1 Vandalism, damage, graffiti,or hazardous conditions identified 2 Play surface: Cleaned, raked to 5" depth min. and neatly groomed daily 3 Low spots and areas under ladders, climbers,slides, etc. leveled daily 4 Rubberized surface swept and clean of debris daily. J. Tennis Courts 1 Washed and cleaned daily K. •Picnic Areas / Shelters 1 Tables, hardscape are cleaned,free of debris and sanitized daily 2 BBQ's removed of coal, trash, debris daily L. Recreational /Athletic Fields 1 Free of litter, rocks, debris and/or obstructions - 2 Brick dust leveled, low spots filled and free of weeds 3 Turf edged and maintained M. Restrooms _ 1 All fixtures,walls,floors, partitions, toilets, urinals, etc. are clean and disinfected daily 107 300 2 All restroom fixtures and hand dryers working 3 Restroom supplies restocked 4 Drinking fountains disinfected daily N. Trash and Recycling Receptacles 1 Emptied 50%full or weekly 2 Cleaned 0. Trails 1 Trail ruts filled in, hazards removed and trash and debris removed 2 Weeds removed from trail Letter and Description of Deficiency Recorded Date Date Number Identified Corrected Notes: Inspector(signature): Inspector(printed name): Affix additional sheets as required. Retain document for three(3)years after inspection. 108 301 APPENDIX F CITY OF MOORPARK CONTRACTOR'S WEEKLY IRRIGATION INSPECTION REPORT Contractor: Date: Park Name: Controller#: Inspector: IRRIGATION INSPECTION Station Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 OK Broken Head Plugged Head Adjust Head • Broker Lateral Solenoid Valve Other PLANT MATERIAL INSPECTION Good Fair Turf too wet Stressed Turf IRRIGATION INSPECTION Station Number 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 OK Broken Head Plugged Head Adjust Head Broker Lateral Solenoid Valve Other PLANT MATERIAL INSPECTION Good Fair Turf too wet • Stressed Turf 109 302 Irrigation Schedule: Scheduled water days(circle): M T W TH F SAT SUN Start Times: Program A 1St 2nd 3rd_ 4th Start Times: Program B 1st 2nd 3rd 4th Start Times: Program C 1St 2nd 3rd 4th Start Times: Program D 1st 2nd 3rd 4th Seasonal Percent Adjustment: % Station Run Times (minutes): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Station Description of Deficiency Recorded Date Date Number Identified Corrected Notes: Inspector(signature): Inspector(printed name): Affix additional sheets as required. 110 303 APPENDIX G CITY OF MOORPARK CONTRACTOR'S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS Contractor(Permittee): Date: Park Name: Location: Proposed date (s) of application: Number of acres to be treated: Type of equipment to be used: Target pest(s): Dilution Rate: Applicator(s)Name(s): Registration No.: License No.: Ingredient(s): Antidote: Active: Inert: Environmental: Re-entry after spraying: (hours/minutes) Criteria/Reason/notifications: North Identify Location of Adjacent Schools, Dwellings, Etc. West Treatment Area East South Submitted By:. Date: 111 304 ATTACHMENT 2 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/18 BUDGET TRANSFERRING $73,011 FROM THE GENERAL FUND (1000) TO THE PARKS MAINTENANCE FUND (2390) AND APPROVING AN EXPENDITURE APPROPRIATION FOR LANDSCAPE MAINTENANCE SERVICES FROM THE PARKS MAINTENANCE FUND (2390) WHEREAS, on June 21, 2017 the City of Moorpark adopted the Operating and Capital Improvement Projects budget for Fiscal Year 2017/18, which included an appropriation of$322,092 for landscape maintenance services in the parks ; and WHEREAS, a staff report has been presented to City Council approving an . agreement for landscape maintenance services and requesting an aggregate expenditure budget increase in the Park Maintenance Fund (2390) of $73,011 to fully fund landscape maintenance services for all City parks for the remainder of Fiscal Year 2017/18; and WHEREAS, the Park Maintenance Fund (2390) does not have sufficient fund balance for the additional appropriation request and a transfer of $73,011 from the General Fund (1000) to the Parks Maintenance Fund (2390) is needed in order to fund the requested expenditure appropriation increase; and WHEREAS, Exhibit "A" attached hereto and made a part of hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A revenue budget increase of $73,011 from the General Fund (1000) to the Parks Maintenance Fund (2390), as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. An expenditure budget increase of $73,011 from the Parks Maintenance Fund (2390), as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 3 . The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 305 Resolution No. 2017- Page 2 PASSED AND ADOPTED this 6th day of September, 2017 Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A - Budget Amendment 306 Resolution No. 2017- Page 3 EXHIBIT A BUDGET AMENDMENT FOR PARK MAINTENANCE DISTRICT FUND(2390)AND GENERAL FUND(1000) FOR LANDSCAPE MAINTENANCE SERVICES AT CITY PARKS FY 2017/18 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount General Fund 1000-000-00000-33990 $ 73,011.00 Total $ 73,011.00 REVENUE BUDGET ALLOCATION: Account Number Current Budget Revision Amended Budget 2390-000-00000-49010 $ 1,935,441.00 $ 73,011.00 $ 2,008,452.00 Total $ 1,935,441.00 $ 73,011.00 $ 2,008,452.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-541-00000-59010 $ 1,935,441.00 $ 73,011.00 $ 2,008,452.00 2390 541 R0010 53000 $ 92,700.00 $ 4,290.00 $ 96,990.00 2390 541 R0020 53000 $ 23,150.00 $ 2,993.00 $ 26,143.00 2390 541 R0030 53000 $ 255,892.00 $ 14,661.00 $ • 270,553.00 2390'541 R0040 53000 $ 13,700.00 $ 2,700.00 $ 16,400.00 2390 541 R0050 53000 $ 30,600.00 $ 3,255.00 $ 33,855.00 2390 541 R0060 53000 $ 32,450.00 $ 3,877.00 $ 36,327.00 2390 541 R0070 53000 $ 43,250.00 $ 2,873.00 $ 46,123.00 2390 541 R0080 53000 $ 60,250.00 $ 4,867.00 $ 65,117.00 2390 541 R0090 53000 $ 27,800.00 $ 3,075.00 $ 30,875.00 2390 541 R0100 53000 $ 71,700.00 $ 4,185.00 $ 75,885.00 2390 541 R0111 53000 $ 87,100.00 $ 4,065.00 $ 91,165.00 2390 541 R0120 53000 $ 28,400.00 $ 3,405.00 $ 31,805.00 2390 541 R0130 53000 $ 52,580.00 $ 2,790.00 $ 55,370.00 2390 541 R0140 53000 $ 13,320.00 $ 2,385.00 $ 15,705.00 2390541 R0150 53000 $ 76,400.00. $ 3,330.00 $ 79,730.00 2390 541 R0160 53000 $ 10,300.00 $ 2,475.00 $ 12,775.00 2390 541 R0170 53000 $ 25,500.00 $ 3,285.00 $ 28,785.00 2390 541 R0180 53000 $ 10,500.00 $ 2,400.00 $ 12,900.00 2390 541 R0200 53000 $ 6,200.00 $ 2,100.00 $ 8,300.00 $ - $ - Total $ 2,897,233.00 $ 146,022.00 $ 3,043,255.00 COY\ —Alle_,,L4____ Finance Approval: 307