Loading...
HomeMy WebLinkAboutAGENDA REPORT 2017 0920 CCSA REG ITEM 10I ITEM 10.1. CITY OF MOORPARK,CALIFO[RIK City Council Meeting ®tt_ 9 0?o ao�7 MOORPARK CITY COUNCIL AciaoN.Zfac,-,., ,o.�r� AGENDA REPORT . aoi7-3r TO: The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director'5V BY: Allen Walter, Landscape and Parks Superintendent DATE: September 11, 2017 (CC Meeting of September 20, 2017) SUBJECT: Consider Award of Agreement to Stay-Green Inc., for Landscape Maintenance Services at Various Landscape Maintenance Districts and Miscellaneous City Properties and at Landscape Maintenance District Zone 22; Consider Award of Agreement to Oakridge Landscape, Inc. for Landscape Maintenance Services in Landscape Maintenance District Zones 12, 15, and 20; and Consider Resolution Amending the Fiscal Year 2017/18 Budget to Fund the Landscape Maintenance Services. BACKGROUND & DISCUSSION On July 26, 2017, the City Council approved the Landscape Maintenance Contract Documents and Specifications (bid documents) and directed staff to solicit bid proposals from qualified contractors. The bid documents approved by the City Council were structured to solicit three separate cost proposals for three separate areas of similar acreage. Those areas were organized as follows: 1) Citywide Landscape Maintenance District (LMD) Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21 and miscellaneous City properties. 2) LMD Zones 12, 15, and 20. 3) LMD Zone 22. Staff believes that this distribution of LMD areas will allow for better service oversight and management. It is important to note that LMD Zones 20 and 21 have not been accepted by the City yet, however, they were included in the bid areas as it is anticipated that the City will take over maintenance responsibility in these LMD Zones during the contract period. 241 Honorable City Council September 20, 2017 Page 2 The City Clerk advertised the notice inviting sealed bids and on August 16, 2017 staff held a mandatory pre-bid meeting to review the requirements of the bid documents and tour the LMD areas and miscellaneous City properties. Six contractors attended the pre-bid meeting and the City received three bid proposals by the submittal due date of August 28, 2017. The bid results are as follows: Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9. 10, 11, 14, 16, 18, 21 and miscellaneous City properties: BIDDER PROPOSALS (ANNUAL COST) Stay-Green Inc. $217,848 Venco Western, Inc. $312,588 Oakridge Landscape Inc. $326,706 LMD Zones 12, 15 and 20: BIDDER PROPOSALS (ANNUAL COST) Oakridge Landscape Inc. $218,496 Stay-Green Inc. $264.384 Venco Western, Inc. $308,544 LMD Zone 22: BIDDER PROPOSALS (ANNUAL COST) Stay-Green Inc. $180,212 Oakridge Landscape Inc. $218,100 Venco, Western Inc. $346,032 The City Council is now being asked to award a nine (9) month agreement (October 1, 2017, through June 30, 2018) with an option to extend the agreement for three (3) additional one (1) year periods to the lowest responsive bidders. Stay-Green Inc. (Stay-Green) submitted the lowest bid for the Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21, and miscellaneous City properties, at an annual cost of $217,848. Stay-Green also submitted the low bid for landscape maintenance services in LMD Zone 22, with an annual cost of $180,212. It should be noted that the annual bid prices for a number of individual line items on the bid proposals submitted by Stay-Green were incorrectly calculated, when compared to the corresponding monthly bid prices. However, the total annual bid price was correct on both of the Stay- Green proposals, which is based on the total monthly bid amount. Given that the annual bid prices were correct, and the fact that services will be paid according to the monthly bid amounts, staff feels that the errors on individual line items are non-material. Oakridge Landscape, Inc. (Oakridge) submitted the low bid for LMD Zones 12, 15, and 20 at an annual cost of$218,496. 242 Honorable City Council September 20, 2017 Page 3 The table below presents a side by side comparison of the City's current monthly landscape maintenance costs and the submitted bid proposals. Monthly Cost Comparison LMD Zones CURRENT BID INCREASE / & Miscellaneous City Properties (FY 17/18) PROPOSALS (DECREASE) Citywide $4,654 $3,039 ($1,615) LMD Zone 1: Pecan Ave $789 $457 ($332) LMD Zone 2: Steeple Hill $1,859 $1,078 ($781) LMD Zone 3: Buttercreek $56 $33 ($23) LMD Zone 4: Williams Ranch Rd $282 $163 ($119) LMD Zone 5: Pheasant Run $2,535 $1,437 ($1,098) LMD Zone 6: Ingeiwood St $19 $11 ($8) LMD Zone 7: L.A. and Gabbert $45 $262 $217 LMD Zone 8: Home Acres Buffer Zone $526 $457 ($69) LMD Zone 9: Condor Drive $225 $131 ($94) LMD Zone 10: Mountain Meadows $2,553 $5,554 $3,001 LMD Zone 11: Alyssas Court $135 $14 ($121) LMD Zone 12: Carlsberg $7,063 $3,323 ($3,740) LMD Zone 14: Silver Oak $169 $98 ($71) LMD Zone 15: MPK Country Club $3,514 $3,136 ($378) LMD Zone 16: Mountain View $233 $131 ($102) LMD Zone 18: Moonsong $291 $163 ($128) LMD Zone 22: Moorpark Highlands $15,132 $15,018 ($114) Moorpark Civic Center $323 $849 $526 Moorpark Public Services Facility $91 $412 $321 Ruben Castro Human Services Facility $647 $816 $169 Property Maint: 33 High Street $155 $11 ($144) Public Parking Lot $155 $327 $172 Property Maint: 661 Moorpark Ave $86 $84 ($2) Property Maint: 18 High Street $181 $118 ($63) City of Moorpark: Library $453 $278 ($175) Property Maint: 31 Poindexter Ave $0 $75 $75 TDA: Bus Shelters $388 $0 ($388) TDA: Metro-Link Station $481 $2,091 $1,610 Total Currently Serviced LMD Zones & City Properties $43,040 $39,566 ($3,474) CURRENT BID INCREASE / LMD Zones to be Added* (FY 17/18) PROPOSALS (DECREASE) LMD Zone 20: Meridian Hills $3,291 $11,749 $8,458 LMD Zone 21: Canterbury $58 $33 ($25) LMD Zone 21: Ivy Lane $58 $33 ($25) Total Additional LMD Zones $3,407 $11,814 $8,408 243 Honorable City Council September 20, 2017 Page 4 CURRENT BID INCREASE / (FY 17/18) PROPOSALS (DECREASE) Total All LMD Zones & Miscellaneous City Properties $46,447 $51,380 $4,934 *LMD Zones that have yet to be accepted by the City. The proposed total cost of landscape maintenance services for all LMD's and miscellaneous City properties, as submitted by the low bidders, is $51,380 per month, or $616,560 annually. While this represents an overall increase in monthly costs of $4,934, it should be noted that this includes the bid amounts for LMD Zones 20 and 21, which are not currently maintained by the City's landscape maintenance contractor and are not expected to be accepted by the City prior to January of 2018. As shown in the chart on the previous page, the bid proposals for the LMD Zones and miscellaneous City properties that are currently maintained by the City represents an overall decrease of $3,474 per month. Staff has performed the necessary background checks and has verified that both of the contractors have the required experience and possess the necessary licenses as outlined in the bid documents and specifications. FISCAL IMPACT The total FY17/18 budget for Property Maintenance Services (53000) for Divisions 171 (Facilities), 172 (Property Management), 542 (Lighting and Landscape Maintenance Districts), and 430 (Public Transit) is $1,799,012. Of this amount, $572,013 is designated for landscape maintenance services. For the nine month period beginning October 1, 2017 and ending June 30, 2018 the total funding included in the FY 17/18 operating budget for landscape maintenance services is approximately $429,003. However, several City properties were not included in the bid documents, as the landscaping is maintained by either the County of Ventura or the property management company contracted by the City. These properties include the Moorpark Police Services Center, 61 High Street, 1493 Walnut Canyon Road, and 250 Los Angeles Avenue, and represent a total cost $10,062. The removal of these properties brings the total nine month budget to approximately $418,941. Based on the bid proposals, the total cost for services during this period will be approximately $462,429. The table below presents a side-by-side comparison of the current nine month budget and nine month proposal costs. 244 Honorable City Council September 20, 2017 Page 5 9-MONTH COSTS LMD Zones 1, 2, 3, 4, 5, 6, 7, FY 17/18 8, 9, 10, 11, 14, 16, 18, 21 & CURRENT BID Variance Miscellaneous City (FY 17/18) PROPOSALS Inc/ (Dec) Budget Properties Adjustment **Citywide $41,886 $27,351 ($14,535) $0 **LMD Zone 1 $7,101 $4,113 ($2,988) $0 **LMD Zone 2 $16,695 $9,702 ($6,993) $0 **LMD Zone 3 $504 $297 ($207) $0 **LMD Zone 4 $2,502 $1,467 ($1,035) $0 **LMD Zone 5 $22,923 $12,933 ($9,990) $0 **LMD Zone 6 $171 $99 ($72) $0 **LMD Zone 7 $171 $2,358 $2,187 $2,187 **LMD Zone 8 $3,897 $4,113 $216 $216 **LMD Zone 9 $2,025 $1,179 ($846) $0 **LMD Zone 10 $22,977 $49,986 $27,009 $27,009 **LMD Zone 11 $1,179 $126 ($1,053) $0 **LMD Zone 14 $1,521 $882 ($639) $0 LMD Zone 16 $2,079 $1,179 ($900) $0 LMD Zone 18 $2,574 $1,467 ($1,107) $0 LMD Zone 21 $522 $297 ($225) $0 LMD Zone 21 $522 $297 ($225) $0 **Moorpark Civic Center $2,907 $7,641 $4,734 $4,734 **Moorpark Public Svcs Fac $819 $3,708 $2,889 $2,889 **Ruben Castro HSC $5,715 $7,344 $1,629 $1,629 **33 High Street $1,395 $99 ($1,296) $0 **Public Parking Lot $1,395 $2,943 $1,548 $1,548 **661 Moorpark Ave $900 $756 ($144) $0 **18 High Street $1,629 $1,062 ($567)- $0 City of Moorpark Library $4,077 $2,502 ($1,575) $0 **31 Poindexter Ave $3,753 $675 ($3,078) $0 TDA: Bus Shelters $2,997 $0 ($2,997) $0 TDA: Metro-Link Station $19,503 $18,819 ($684) $0 SUB-TOTAL $174,339 $163,395 ($10,943) $40,212 **Represents LMD Zones or Miscellaneous City properties that typically require a subsidy from the General Fund for landscape maintenance operations. 9-MONTH COSTS LMD Zone 22 CURRENT BID Variance FY 17/18 (FY 17/18) PROPOSALS Inc/ (Dec) Budget Adjustment LMD Zone 22 $129,483 $135,162 $5,679 $5,679 SUB-TOTAL $129,483 $135,162 $5,679 $5,679 245 Honorable City Council September 20, 2017 Page 6 . 9-MONTH COSTS LMD Zones 12, 15, 20 CURRENT BID Variance FY 17/18 (FY 17/18) PROPOSALS Inc/ (Dec) Budget Adjustment LMD Zone 12 $63,315 $29,907 ($33,408) $0 LMD Zone 15 $22,185 $28,224 $6,039 $6,039 LMD Zone 20 $29,619 $105,741 $76,122 $76,122 SUB-TOTAL $115,119 $163,872 $48,752 $82,161 TOTAL $418,941 $462,429 $43,488 $128,052 As seen in the tables above and on the previous page, the bid proposals result in cost reductions across twenty-two of the thirty-two LMD Zones and miscellaneous City properties. Overall, the result is a cost increase of $43,488. In order to fully fund the LMD Zones and miscellaneous City properties that experience cost increases, an additional appropriation of $128,052 from various funds is requested to cover the remaining nine months of FY 17/18. The miscellaneous City properties and LMD Zones that typically require funding from the General Fund (1000) for landscape operations are denoted with a double asterisk (**). Net costs for the miscellaneous City properties during the initial nine month period exceeded the current budget, requiring an additional appropriation of$5,715 to address the resulting FY 17/18 budget shortfall. Costs for ten of the thirteen LMD Zones that typically require funding from the General Fund came in under budget, resulting in net savings of $8,946 for the initial nine month contract period, which will be realized in FY 18/19. Taken together, the overall cost savings to the General Fund during the initial nine month contract period is approximately $3,231. For the current FY, however, staff is requesting to increase appropriations to cover contract costs for those line items that typically require funding from the General Fund and that experienced cost increases above the assessment amounts that can be collected, including $10,800 from the General Fund (1000) for various City properties, $2,187 from LMD Zone 7 (2307), $216 from LMD Zone 8 (2308), and $27,009 from LMD Zone 10 (2310). Staff recommends awarding Agreements for landscape maintenance service to Stay-Green and Oakridge as follows: 1) Stay-Green for the Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21, and miscellaneous City properties in the amount of $213,386, which includes a contingency of $50,000, for the initial nine month term ending June 30, 2018, with three optional one (1) year extensions at an 246 Honorable City Council September 20, 2017 Page 7 annual contract value of $282,848, which also includes an annual contingency of $65,000, for a total contract value over three years and nine months of $1,061,930. 2) Oakridge for LMD Zones 12, 15, and 20 in the amount of $213,872, which includes a contingency of $50,000, for the initial nine month term ending June 30, 2018, with three optional one (1) year extensions at an annual contract value of $283,496, which also includes an annual contingency of $65,000, for a total contract value over three years and nine months of$1,064,360. 3) Stay-Green for LMD Zone 22 in the amount of $185,159, which includes a contingency of $50,000, for the initial nine month term ending June 30, 2018, with three optional one (1) year extensions at an annual contract value of $245,212, which also includes an annual contingency of $65,000, for a total contract value over three years and nine months of$920,795. For each of the three Agreements, the contingency amount is reduced during the first nine month period due to the reduced initial contract term. The total value for all three contracts for landscape maintenance services for LMDs and miscellaneous City properties for the three year and nine month term is $3,047,085. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Award 9-month (October 1, 2017, through June 30, 2018) agreements, with an option for three (3) additional one (1) year period extensions to the lowest responsive bidders; Stay-Green Inc., for the Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21, and miscellaneous City properties, at $213,386 for the initial nine month term and $282,848 annually for every subsequent year that the contract is extended, Oakridge Landscape Inc., for LMD Zones 12, 15, and 20, at $213,872 for the initial nine month term and $283,496 annually for every subsequent year that the contract is extended, and Stay-Green Inc. for LMD Zone 22 at $185,159 for the initial nine month term, and $245,212 annually for every subsequent year that the contract is extended, and authorize the City Manager to execute the Agreements, subject to final language approval by the City Manager; and 2. Adopt Resolution No. 2017- amending the FY 2017/18 budget to appropriate $10,800 from the General Fund (1000), $2,187 from LMD Zone 7 (2307), $216 from LMD Zone 8 (2308), $27,009 from LMD Zone 10 (2310), $6,039 from LMD Zone 15 (2315), $76,122 from LMD Zone 20 (2320), and $5,679 from LMD Zone 22 (2322). 247 Honorable City Council September 20, 2017 Page 8 Attachments: 1. Agreement— Stay-Green Inc., for the Citywide LMD Zones, LMD Zones 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21, and miscellaneous City properties 2. Agreement— Oakridge Landscape, Inc. for LMD Zones 12, 15, and 20 3. Agreement— Stay-Green Inc. for LMD Zone 22 4. Resolution No. 2017- 248 Attachment 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND STAY-GREEN INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT CITYWIDE ZONES, ZONES OF BENEFIT 1-11, 14, 16, 18, AND 21, AND MISCELLANEOUS CITY PROPERTIES 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 for Landscape Maintenance District (LMD) Citywide Zones, Zones of Benefit 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21 and miscellaneous City properties, plus additional repair and installation services as needed related to various LMDs 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 20, 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 landscape maintenance services for LMD Citywide Zones, Zones of Benefit 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21 and miscellaneous City properties, plus additional repair and installation services as needed related to various LMDs 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 for Stay-Green Inc. Page 1 of 20 249 Landscape Maintenance Services - Citywide, Zones of Benefit and Miscellaneous City Properties, 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. 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 two hundred thirteen thousand three hundred eighty-six dollars ($213,386.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement, without a written amendment to the Agreement executed by both parties. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred eighty-two thousand eight hundred forty-eight dollars ($282,848.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), 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 Stay-Green Inc. Page 2 of 20 250 City and Contractor shall be Chris Angelo, 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 Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed two hundred thirteen thousand three hundred eighty-six dollars ($213,386.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred eighty-two thousand eight hundred forty-eight dollars ($282,848.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, 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. Stay-Green Inc. Page 3 of 20 251 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 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 Stay-Green Inc. Page 4 of 20 252 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 in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth Stay-Green Inc. Page 5 of 20 253 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 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 b;nd 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. Stay-Green Inc. Page 6 of 20 254 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, 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. Stay-Green Inc. Page 7 of 20 255 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or 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: Chris Angelo, CEO/President 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 Jne 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. Stay-Green,Inc. Page 8 of 20 256 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 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. Stay-Green Inc. Page 9 of 20 257 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 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. Stay-Green Inc. Page 10 of 20 258 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 Chris Angelo, CEO / President Attest: Maureen Benson, City Clerk Stay-Green Inc. Page 11 of 20 259 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 12 of 20 260 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 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 Stay-Green Inc. Page 13 of 20 261 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 14 of 20 262 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 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 Stay-Green Inc. Page 15 of 20 263 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 16 of 20 264 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 17 of 20 265 (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 wriling, 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 18 of 20 266 (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 19 of 20 267 (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 20 of 20 268 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract,the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14) days, not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder,this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature ��� Signer's Title e- rz,977.0 10 269 BID SCHEDULE CITYWIDE AREAS, ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21 MISCELLANEOUS CITY PROPERTIES DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Poindexter Avenue (CW1): 4,356 s.f. $33 $ Parkway(s): South side of Poindexter Avenue, east and west of Sierra Avenue. Sidewalk, vines and planters. 2. Tierra Rejada Road Parkways (CW2): 13,068 s.f. $ y? $/� //6 Parkway(s): East and west side of Tierra Rejada Road from Los Angeles Avenue southerly to Harvester Street. Tree wells, sidewalk, vines and planters. 3. Tierra Rejada Road Median Islands (CW2a, 56,628 s.f. $, —5— $ 5,0'77 2b, 2c, 2d): Median Islands: Tierra Rejada Road between Los Angeles Avenue and the flood control channel bridge. Median Islands: Tierra Rejada Road between the flood control channel bridge and the Southern California Edison (SCE) easement. Median Islands: Tierra Rejada Road between the SCE easement and Spring Road. Median Islands: Tierra Rejada Road between Spring Road and the City limits, east of the Hwy 23 overpass. 4. Mountain Trail Street Median Islands 13,068 s.f. $ % We7, y (CW3a): Median Island(s): Mountain Trail Street between Tierra Rejada Road and Mountain Meadows Drive. 5. Fountain (CWF): 2,500 s.f. $ $ Mountain Meadows Plaza at the corner of Tierra Rejada Road and Mountain Trail Street. Planters. 6. Spring Road Median, Planters, Parkways 159,603 s.f. $ /, % i 7 • $ South of LA Avenue (CW4a, 4b): Medians: Spring Road between Los Angeles Avenue and Peach Hill Road. Spring Road between Peach Hill Road and Tierra Rejada Road Planters: East side of Spring Road from Los Angeles Avenue to Peach Hill Road from Arroyo bridge to approximately 650' south of Peach Hill Road. Planter at corner of Spring Road and 11 270 Peach Hill Road (Marlbrough). West side of Spring Road from Peach Hill Road to planter on the south side of Christian Barrett Road. Trees, shrubs, wall vines and mulch. 7. High Street (CW5): 43,560 s.f. $3,7, 7 $ ;;; 720 Moorpark Avenue to Spring Road: Planters, Parkways, improved and unimproved Public Parking lots, Hardscapes 8. Los Angeles Avenue at Millard Street 9,000 s.f. $ t $ /(' (CW6): Parkway(s): North side of Los Angeles Avenue between Millard Street and Spring Road. Sidewalk, vines and planters. 9. Princeton Avenue Parkways (CW7): 6,500 s.f. $ j7 $ 513.---- Parkway(s): SdParkway(s): East side of Princeton Avenue from the 118 Freeway northerly to Campus Park Drive. Sidewalk and planters. Parkway(s): West side of Princeton Avenue from the 118 Freeway northerly to Amherst Street. Sidewalk and planters. 10. Princeton Avenue Medians (CW7a, 7b): 6,500 s.f. $ 9 $ Median(s): Princeton Avenue between the southerly end of Condor Drive and the 118 Freeway overpass. Median(s): Princeton Avenue between the 118 Freeway overpass and Campus Park Drive. 11. Campus Park Drive Parkways (CW8): 9,000 s.f. $ (9 $ r?iO Parkway(s): Southwest side of Campus Park Drive from Cambridge Street easterly to the commercial center. Sidewalk and planters. Parkway(s): South side of Campus Park Drive from Princeton Avenue easterly to Penn Street. 12. Campus Park Drive Medians (CW8a, 8b): 22,000 s.f. $ $ /, 9 SCO Median(s): Campus Park Drive between Princeton Avenue and Penn Street. Median(s): Campus Park Drive between Penn Street to Collins Drive. 13. Campus Park Drive at Collins Drive 13,068 s.f. $ $/1/7C (CW9): Parkway(s): North side of Campus Park Drive from Collins Drive westerly to the Flood Control Channel. Sidewalk and planters. Parkway(s): West side of Collins from Benwood Drive southerly to Campus Park Drive. Sidewalk and planters. 12 271 14. Los Angeles Avenue at Tierra Rejada 13,068 s.f. $ $ /7 /%' Road (CW 10): Parkways Southside of Los Angeles Avenue from Mira Sol Drive easterly approximately 600' east of Maureen Lane. Trees, tree wells, sidewalk, planters and vines. 15. Spring Road Parkways — North of Los 26,250 s.f. $ t'17 $: ,3 Angeles Avenue (CW11): Parkway (s): West side of Spring Road, from the Railroad tracks southerly to Los Angeles Avenue. Tree wells, sidewalk, vines and planters. Parkway (s): East side of Spring Road between the Railroad tracks and Flinn Avenue. Tree wells, sidewalk. 16. Spring Road Medians — North of Los 4,356 s.f. $ ,4' $ Angeles Avenue (CW11a): Median(s): Spring Road south between railroad tracks and Flinn Avenue. 17. Peach Hill Road Parkway—West of Rolling 600 s.f. $, $ Knoll Drive. Parkway with trees and wood mulch 18. Peach Hill Road Parkway—West of Bella 600 s.f. $5" $60 Vista Drive. Parkway with trees and wood mulch SUB-TOTAL CITY-WIDE ZONES COST: $.9,c ? $36 4 PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL HELD VERIFY ACTUAL SIZE AND LOCATION. 13 272 ZONES OF BENEFIT DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 1 Pecan Avenue: 60,984 s.f. $ A, L`7 $ ,5/1747 Parkway(s): East side of Pecan Avenue between Campus Park Drive and Bambi Court. Sidewalk and planters. Parkway(s): North side of Bambi Court between Pecan Avenue and Benwood Drive. Sidewalk and planters. Parkway(s): East side of Benwood Drive between Bambi Court and north Benwood Drive. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. 2. Zone 2 Steeple Hill: 143,748 s.f. $/ O7 $42, '37 Parkway(s) & slope(s): West side of Spring Road, south of Monte Vista Park to approximately 75' south of Christian Barrett Road, including entry planters. Sidewalk, turf, vines and planters. Parkway(s) & slope(s): South side of Christian Barrett Road between Spring Road and Willow Creek Lane. Sidewalk, vines and planters. Parkway(s) & slope(s): North side of Tierra Rejada Road, from the southwest property line of the commercial center westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): South side of Tierra Rejada Road from approximately 75' east of Keisha Drive westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): East side of Peach Hill Road from Tierra Rejada Road southerly to Christian Barrett Road. Sidewalk and planters. 3. Zone 3 Buttercreek: 4,356 s.f. $33 $3% Parkway(s): South side of Peppermill Street. Sidewalk and planters. Parkway(s): South side of Los Angeles Avenue from the east property line west of Buttercreek Road easterly to Mira Sol Drive. 14 273 • Tree wells, sidewalk, vines and planters. _ 4. Zone 4 Williams Ranch Road: 21,780 s.f. $, '3 $ %, 760 Parkway (s): North side of Williams Ranch Road between Granadilla Drive and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Road from the SCE Easement westerly to the west end of Williams Ranch Road. Turf, planters and sidewalk. Parkway(s): SCE barrier landscape area. Planters 5. Zone 5 Pheasant Run: 191,664 s.f. $ ///137 $ /1250 Parkway(s) & slope (s): West side of Peach Hill Road between Williams Ranch Road and Tierra Rejada Road. Sidewalk, turf and planters. Parkway(s) & slope(s): North and South side of Tierra Rejada Road between Peach Hill Road and the SCE easement, including the entry statements at Pheasant Run Street. Sidewalk and planters. 6. Zone 6 Inglewood Street: 1,500 s.f. $ $ /32 Parkway(s): West end of Inglewood Street 7. Zone 7 Los Angeles Avenue & 35,000 s.f. $ (;,2 $ Gabbert Road: Parkway(s): North side of Los Angeles Avenue from Gabbert Road easterly to the property line east of Shasta Avenue. Turf, sidewalk and planters. 8. Zone 8 Home Acres Buffer: 60,984 s.f. $ (445 7 $ 7� The fenced landscaped area at the west end of Shadyridge Drive. Turf, sidewalk and planters. 9. Zone 9 Condor Drive: 17,424 s.f. $ / ,i $ Parkway and planter at the southwest corner of Condor Drive and Princeton Avenue. 10. Zone 10 Mountain Meadows PC3: 740,520 s.f. $ G 4 $ 6464 7 The landscape area adjacent to both sides of the Peach Hill Wash channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. • Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Road on the north side of the channel, including the slope and landscape areas behind the _ 15 274 adjacent shopping center at Tierra Rejada Road and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, Zone 10 (cont.): west of Mountain Trail Street, behind the houses fronting Shadyridge Drive, including the north slope area adjacent to Mountain Trail Street. Planters and natural areas. Parkway(s) and slope(s): North and south side of Tierra Rejada Road between the flood control channel bridge and Countrywood Drive, including the entry statements at Countrywood Drive. Sidewalk, turf and planters. Parkway(s) and slope(s): Southwest side of Tierra Rejada Road between Countrywood Drive and the Vons Shopping Center. Sidewalk and planters Parkway(s) and slope(s): North side of Tierra Rejada Road between Mountain Trail Street and the SCE easement. Parkway(s) and slope(s): South side of Tierra Rejada Road between Mountain Meadow Drive and the SCE easement. 11. Zone 11 Alyssas Court: 1,800 s.f. $ 1.41- $ (6 Landscaped parkway at the northeast and southeast corners of Pecan Avenue and Alyssas Court. Turf and sidewalk. 12. Zone 14 Silver Oak: 13,068 s.f. $ 73 $ i`/76 Parkway(s): North side of Peach Hill Road from Rolling Knoll Drive easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Drive from Peach Hill Road northerly to property line. Sidewalk and planters. 13. Zone 16 Mountain View: 17,424 s.f. $ 13/ $/,56 Parkway(s): West side of Gisler Road from Poindexter Avenue southerly to Olympus Street. Sidewalk, vines and planters. Parkway (s): West side of Fuji Street and West side of Reyes Street at property line. Sidewalk, vines and planters. Parkway (s): South side of Poindexter Avenue between Gisler Road and westerly property line. Sidewalk, tree wells, vines and turf 14. Zone 18 Moonsong: 21,780 s.f. $ / ;; $ i, 6 16 275 Parkway(s): North side of Los Angeles Avenue between Flory Street and Millard Street. Sidewalk, turf, vines and planters. Parkway(s) & basin(s): East side of Flory Street from Los Angeles Avenue to northerly property line. Sidewalk, vines and planters. 15. *Zone 21 Shea -Canterbury & Ivy 8,712sgft $ .7F4L Lane: Parkway, planters, vines and sidewalks: South side of Los Angeles Avenue; east and west sides of Millard Street. East and west sides of Edenbridge Road Western perimeter Parkway planter Millard Street SUB-TOTAL ZONES OF BENEFIT COST 5/6)0-`1,-* $/'T!d; 6,1/`,? PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 17 276 MISCELLANEOUS PROPERTIES DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. 310 High Street — Metrolink Station: 278,784 s.f. $2/177 $;`z3,rc7/ Paved north parking lot and south parking lot, Metrolink Station and walkways, pedestrian access park south of the railroad tracks between Moorpark Avenue and the Metrolink parking lot, all landscape planters, access drive and the High Street and Moorpark Avenue landscape frontage. 2. 661 Moorpark Avenue: 11,185 s.f. $ 04 $ :, ce,7 City-owned vacant property. Landscape areas and parkway east of the property fence and between the north and south property line. 3. 18 High Street: 15,700 s.f. $ //' $ //4"--5 SA owned office property. Landscape frontage on High Street and Moorpark Avenue, south property line fence, parking lot and planters. 4. 33 High Street: 1,500 s.f. $ // $ /3 SA owned office property. Landscape frontage on High Street, parking lot and planters. 5. 627 Fitch Avenue: 55,000 s.f. $ 41/2 $ Landscape areas and Parking lot 6. 699 Moorpark Avenue - Moorpark 37,000 s.f. $;27V $3,330 Library: Landscape areas and parking lot. 7. 799 Moorpark Avenue — Moorpark 113,256s.f. $ 641`// $ /O, /v3 Civic Center: All landscaped areas at the Civic Center Complex (City Hall, Office (s), Annex (s), Community Center, Parking Lots) Does not include the Community Center Park. 8. Public Parking Lot: 43,560 s.f. $ $ 3/72,0 Paved parking lot and landscape areas on the south/west corner of High Street and Moorpark Avenue. 9. 612 Spring Road – Ruben Castro 108,900 s.f. $ g/6 jam_ $ i' � y Human Services Center Landscape areas and parking lot 10. 31 Poindexter Avenue (City Facility 10,000 s.f. $ $ yet) Parking lot, Trees and Shrubs 11. Bus Shelters: 21 total $ $ 18 277 Empty trash receptacles at 21 bus stops once a week. SUB-TOTAL MISCELLANEOUS PROPERTIES COST: $ $ 60, .% PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION GRAND-TOTAL ALL AREAS $ /_Q/ $ • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to Contractor until such time that these areas are incorporated into this contact agreement for landscape maintenance. 19 278 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 Persticide 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 20 279 The date of any voluntary or involuntary bankruptcy judgments against any principal having an int rest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interestAin this proposal are as follows: 'V1 IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,titles, hands, and seals of all forenamed principals this 2Sa'' day of w5� , 2017. Bidder 54-61 6fr' Subscribed and sworn to this ZS( day of 0/15u,S+- , 2017 . NOTARY PUBLIC a CQtt� vIT► ' i (.,? .Q___ to l o 21 280 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 and title of the officer) personally appeared Grant Richard Clack who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&-) Is re subscribed to the within instrument and acknowledged to me that 1 -he/they executed the same in+fir er/their authorized capacity(ies), and that by 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. 1- MAGDALENA VANCE 1 WITNESS my hand an Icia al. + ,i�• Commission No 2121835 ..--->Le/D •= NOTARY PUBLIC-CALIFORNIA �'JW�sC/ \( Z • jr� LOS ANGELES COUNTY \ ? ••. My Comm brpues AUGUST 1 2019 • - '�blic Signature 1 (NotaryPublic Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notaty wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,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 rmv. (Title or description of attached document) • State and County information must be the State and County where the document Zone 1-11, 14, 16,18, 21 Page 20-21 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(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. #e/she/they, is/are)or circling the correct forms.Failure to correctly indicate this 1:1 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 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 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. .,281 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization City of Santa Clarita Address 23920 Valencia Blvd, Valencia, CA 91355 Contact Person Telephone Number and email address Kevin Tonoian (661)294-2518 ktonoian@santa-clarita.com Contract Amount/Acreage under contract/ Contract Period (start/end date) 2 Million Annually, Multiple contracts and years Description of landscape services and maintenance program performed City wide landscape maintenance 2. Name of Organization City of Burbank Address 275 E Olive Avenue, Burbank, CA 91502 Contract Person Telephone Number and email address Bill Parish (818)480-2666 Contract Amount/Acreage under contract/ Contract Period(start/end date) $100D00 Annually. 1 Year Description of landscape services and maintenance program performed City wide landscape maintenance 22 282 3. Name of Organization City of Downey Address 7850 Quill Drive, Downey, CA 90242 Contract Person Telephone Number and email address Gio Amador (562)904-7192 Contract Amount/Acreage under contract/ Contract Period(start/end date) $192,000 Annually, 1 year Description of landscape services and maintenance program performed City wide landscape maintenance SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which , License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1) N/A 2) 3) 23 283 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 thisproposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collision or fraud. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. 24 284 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: g/�..s/7 Contractor: By: �,qN7 eracK Title: ,�C,�,gr/c,.L ��V�itivra�r-v (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) 25 285 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with PublicnpffContract Code Section 7106, the undersigned declares: I am the Cv� -1;0AS MckAle- of 1 (:),-eel,,,_1.6- , 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 Bidder to 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 Californi that the foregoing is true and correct and CA this declaration is executed on 5j Z�'I( 7 [date], at �k 6j ' C,lu`�..' [city], e/ ` ' [state]. . /:12/ Signature: l Signature: �I��' Printed Name: ,,,�, LLicic, Printed Name: N1;�L-Z1rwc• g— This form must be notarize . (S1S--- 0111C7-412k 26 286 tw.ntiemwmva+ ,a. ..aw.zzx:v... .evare:.raa._.no a+Yra<aawwovaeev.. • 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 and title 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 iD•he/they executed the same in 41121, er/their authorized capacity(ies), and that by 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. ' MAGDALEN V CE WITNESS my hand d official seal. z; -= Commission No 2121835 z -.NOTARY PUBLIC-CALIFORNIA qtr cil q IR) 6q LOS ANGELES COUNTY ��I i) r/�A I :�-"";_ My,Comm Expires AUGUST 1.2019 J 1.,�yr,( IA• a• P v•lic Signature (Notary Public Seal) ' • 4 • 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 Non-Collusion Declaration as the wording does not require the California notaly to violate California notaty law. (Title or description of attached document) • State and County information must be the State and Comity where the document Zone 1-11, 14,16,18,21 Page 26 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 8/25117 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/she/they, is/are)or circling the correct forms.Failure to correctly indicate this p 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 • 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. O 4. 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. 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 and title 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() is re subscribed to the within instrument and acknowledged to me that ICP-he/they executed the same in er/their authorized capacity(ies), and that by 4t 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. M I NESS my hand and . icial -al. AGDALENA VANCE t w; Commission No 2121835 i=i °'NOTARY PUBLIC-CALIFORNIA 2 • I I/l I I I till / z `�� LOS ANGELES COUNTY I' '�-.r3-••%' My Comm Eipves AUGUST 1 2019 otary°'.lic 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 docwnent.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 law. (Title or description of attached document) • State and County information must be the State and County where the document Zone 1-11, 14, 16,18, 21 Page 26 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) trust also be the same date the acknowledgment is completed. Number of Pages 1 Document Date 8/25/17 • The notary public must print his or her name as it appears within his or her 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/she/they, is/are)or circling the correct forms.Failure to correctly indicate this p 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 + Additional information is not required but could help to ensure this _ ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 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. 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. i7/ 4��"-/ Name of Biddi • Company 044,' Authorized Signature 4L--A2/9 T/0n1S !/ f2evi. G Grie Title 59 -s77 Date 27 289 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 the payment 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, or portion 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. 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 compen . 'on or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provi '1,�.efo commencing the performance of the work of this contract." Signature ` / Date 845/7 Printed Name 6f2A7"'7" �'4,cit- Company S/q/ Cr.'ezCc Title C9i --Qr"4 r-2ar05' ,44n//9 ,E;e. 28 290 Attachment 2 AGREEMENT BETWEEN THE CITY OF MOORPARK AND OAKRIDGE LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE SERVICE FOR MOORPARK LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONES OF BENEFIT 12, 15 AND 20 THIS AGREEMENT is made and effective as of this day of , 2017, between the City of Moorpark, a municipal corporation ("City") and Oakridge Landscape, Inc., a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for landscape maintenance services for Landscape Maintenance District (LMD) Zones of Benefit 12, 15 and 20, plus additional repair and installation services as needed related to LMD Zones 12, 15 and 20; 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 20, 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 landscape maintenance services for LMD Zones of Benefit 12, 15 and 20, plus additional repair and installation services as needed related to LMD Zones of Benefit 12, 15 and 20, 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 for Landscape Maintenance Services — LMD Zones 12, 15, 20, 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 Oakridge Landscape, Inc. Page 1 of 20 291 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. 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 two hundred thirteen thousand eight hundred seventy-two dollars ($213,872.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement, without a written amendment to the Agreement executed by both parties. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred eighty-three thousand four hundred ninety-six dollars ($283,496.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), 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 Jeffrey Myers, and no other individual may be substituted without the prior written approval of the City Manager. Oakridge Landscape, Inc. Page 2 of 20 292 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 Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed two hundred thirteen thousand eight hundred seventy-two dollars ($213,872.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement, for the first nine months of the Agreement. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred eighty- three thousand four hundred ninety-six dollars ($283,496.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, 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. Oakridge Landscape, Inc. Page 3 of 20 293 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 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 Oakridge Landscape, Inc. Page 4 of 20 294 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 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. Oakridge Landscape, Inc. Page 5 of 20 • 295 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 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 Oakridge Landscape, Inc. Page 6 of 20 296 performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, 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. Oakridge Landscape, Inc. Page 7 of 20 297 Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or 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: Jeffrey Myers, President Oakridge Landscape, Inc. 28064 Avenue Stanford, Unit K Valencia, California 91335 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. Oakridge Landscape, Inc. Page 8 of 20 298 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 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. Oakridge Landscape, Inc. Page 9 of 20 299 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 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. Oakridge Landscape, Inc. Page 10 of 20 300 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK OAKRIDGE LANDSCAPE, INC. Steven Kueny, City Manager Jeffrey Myers, President Attest: Maureen Benson, City Clerk Oakridge Landscape, Inc. Page 11 of 20 301 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 (Ov3r 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 Oakridge Landscape, Inc. Page 12 of 20 302 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 covarage 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 Oakridge Landscape, Inc. Page 13 of 20 303 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 Oakridge Landscape, Inc. Page 14 of 20 304 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 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 Oakridge Landscape, Inc. Page 15 of 20 305 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. Oakridge Landscape, Inc. Page 16 of 20 306 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. Oakridge Landscape, Inc. Page 17 of 20 307 (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. Oakridge Landscape, Inc. Page 18 of 20 308 (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. Oakridge Landscape, Inc. Page 19 of 20 309 (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.) Oakridge Landscape, Inc. Page 20 of 20 310 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 Jor 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR 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 OAS" L A-Lb5c'G Authorized Signature Signer's Titlec��s. � 10 311 BID SCHEDULE ZONES 12, 15, 20 DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 12 Carlsberg (parkways): 400,753 s.f. $2,511.w $3 G, 4 00 Parkway(s): East side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Parkway(s): West side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Hillside(s): West side of Miller Parkway across from Olive Street. East side of Miller Parkway from Stagecoach to Miller Park. East side of Miller Parkway from Shawnee north to the flow basin. East side of Miller Parkway from Patriot Drive north to mid-point between Southfork and Stagecoach (approx. 15' width entire length). Natural areas. Parkway(s): North side of Tierra Rejada Road from Spring Road to the south bound State Route 23 off-ramp. Sidewalk and planters. Hillside(s): North side of Tierra Rejada Road between the 118 Freeway southbound off- ramp easterly to a location approximately 300' east of Miller Parkway. Natural areas. Planter(s): North side of Tierra Rejada Road between Miller Parkway and Spring Road, including the area between the back of sidewalk to v-ditch. Sidewalk, planters and natural area. Parkway(s) and slope(s): East side of Spring Road from Tierra Rejada Road northerly to a point approximately 600' south of Peach Hill Road. Slope landscape area from Tierra Rejada Road northerly approximately 1,000'. Sidewalk, turf, planters and natural areas. 2. Zone 12 Carlsberg (median islands): 130,680 s.f. $606,00 $ a,(72 60 Median islands(s): Miller Parkway between Los Angeles Avenue and Peach Hill Road. Median islands (s): Miller Parkway between Peach Hill Road and Tierra Rejada Road 3. Zone 15 Moorpark Country Club 382,270 s.f. $7r 3 133,o0 $ Lb, 5-q6,00 Estates (parkways): Parkway(s), planter(s) & multi-use trail(s): South side of 11 312 Championship Drive between curb and south side of multi-use trail from Walnut Canyon Road westerly to Grimes Canyon Road. Sidewalk, multi-use trail, turf and planters. Entry statement areas and parkway(s): North and south side of Championship Drive at Walnut Canyon Road and Grimes Canyon Road. Sidewalk, turf and planters. Multi-use trail(s): Decomposed granite multi- use trails from Walnut Canyon Road westerly to Grimes Canyon Road and southerly parallel to Grimes Canyon Road to the staging area. Decomposed granite multi-use trails from Championship Drive southerly approximately 750' to the end of the debris basin. Staging Area: Gravel parking area adjacent to Grimes Canyon Road. 4. Zone 15 Moorpark Country Club 9,770 s.f. $ 0,b0 $ 166,60 Estates (medians): Median(s): Median islands at Championship Drive and Walnut Canyon Road. Median(s): Median islands at Championship Drive and Grimes Canyon Road. 5. Zone 15 Moorpark Country Club 111,040 s.f. $ 613,00 $g D76. by Estates "Masters" Trail and Detention Basin Trail Championship Drive from Augusta Drive to Grimes Canyon Road (59,602 s.f.) Detention Basin Lot I Championship Drive, east of Augusta Drive. (51,438 s.f.) 6. *Zone 20 Meridian Hills: 1,890,000 s.f. $ j 656 $ 1361' g72- Parkway(s): West side of Walnut Canyon Road from the southerly property line of Tract 5405 to the end of the VCWPD basin. Planters. Parkway(s): North and south side of Meridian Hills Drive from Walnut Canyon Road to Ridgemark Drive, including the entry statement areas at Walnut Creek Drive. Sidewalk, turf, vines and planters. NPDES Basin(s): Basin and adjacent slopes at the southwest corner of Meridian Hills Drive and Walnut Canyon Road. Planters, vines and natural areas. NPDES Basin(s): Basin and adjacent slopes west of the recreation center. Planters, vines and natural areas. Slope(s) and planter(s): Slope adjacent to 12 313 the west side of Tract 5405. Slope area at the southerly end of Tract 5405. Slopes adjacent to the west side of the VCWPD basin and adjacent to the west side of the Walnut Creek basin. Slopes and landscape areas adjacent to the project monument southwest of the VCWPD basin. Slope and landscape areas on the north side or Meridian Hills Drive from Walnut Creek Road to the entry at Breezy Glen Drive. Slope and landscape areas adjacent to the north side of Meridian Hills Drive from the Recreation Center to Ridgemark Drive. Slope and landscape areas adjacent to the south side of Meridian Hills Drive from Ridgemark Drive to the easterly property line across from the recreation center. Sidewalk, vines and planters. Multi-use trail(s): Decomposed granite multi- use trails from Ridgemark Drive easterly to the VCWPD basin. Decomposed granite multi-use trails from the VCWPD basin northerly to the southern end of the debris basin adjacent to Championship Drive. 7. *Zone 20 Meridian Hills (medians): 13,068 s.f. $ $ 1, 1/6.00 Median island (s): Median Islands from �3'©o Walnut Canyon Road to Ridgemark Drive. TOTAL ALL ZONES: $ I S,208 $210, PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to contractor until such time that these areas are incorporated into this contact. 13 314 AKR I DG E 28064 Avenue Stanford,Unit K,Valencia,CA.91355 LANDSCAPE. INC. Ph.661*295*7228 Fx.661*295*7230 • Staffing Cost Break Down 8/28/2017 RE: Landscape Maintenance Assessment Districts City wide, Zones of benefit and Miscellaneous City Properties Landscape Maintenance Assessment Districts LMD Zones 12,15,20. Landscape Maintenance Assessment Districts LMD Zone 22 ' Oakridge landscape would like to take this opportunity to present our proposed staffing for the three proposals attached. Each area would be staffed with a Supervisor and Irrigator, LMD Zones 12, 15 and 20 would have two laborers and LMD Zone 22 would also have two laborers.The City Wide, Zones of Benefit and Miscellaneous City Properties would have four laborers. This new pricing represents an increase in current staffing along with a dramatic increase in hourly rates required for the additional Supervisor and Irrigator. This increase is based on the experience we have gained by providing the landscape services to the City of Moorpark for the last three years and the knowledge gained by working closely with the City staff on all the areas listed above. We feel the attached pricing represents our best effort to offer the best service to the City of Moorpark at a value that would not be restrictive in our ability to deliver the specified horticultural quality that the City has requested. Thank You, The Oakridge Landscape Maintenance Team 315 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name 0,AK--z1I76 L.4�\CSC.6j'� ((4C Type of Firm Individual; Partnership; X Corporation Business Address 26 6L-1 VAI-1 G1K\ c Telephone 66 I 2-g5- -721-8 State Contractor's License No. and Class(es) 65-65 ` L-2-1, 6 - 1 , 7 Original Date Issued 60,02-DDI Expiration Date 0/3)7 I —1 Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Ca Lt G 43719 S Expiration Date 1 /31/l-7 2) OAU L► C -41135 732_ Expiration Date I -1 3) Ar-- )F--- L-1- LjC '41f-te: c 61 -‘b Expiration Date d 2131119 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: �J���I� � ►� � �s , P1 1PeN . 66 ! -zi5---7zzg je061-1 11 \A CA q' I35S 14 316 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: HoNE IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 9 %-"-- day of CaA4144-i- , 2017. Bidder 0(WU. ,L, LA-AL d...5C ellat b'si-e --1-Q-›-PAK•el /141—{5 {) e._ / it--k\-71---- / ubscribed and sworn to this day of , 2017 . NOTARY PUBLIC 15 317 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 : , ;.:-( _:!c;,-, ,t;C.;::`,c"x...-,C:-e,CxY S.:./..;1`,<__.:.:;( <, cs,i;C%S;C '<,,,:x.S.C:. .r;!'('<-' l` r ._ :^..c=Fzz?,—Y';l`.<,c'<. ee Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 n. Q Subscribed and sworn to (or affirmed) before me County of ellte.�¢X� on this ta. day of I—, 201') , by Da - I Month Year (1) �'IP' - ..C.t S 1 (and (2) . ), ...s,,,..!-.4, SUSAN L. MEZA Name(s) of Signer(s) Commission*2087088 a ���;A Notary Public-California > proved to me on the basis of satisfactory evidence z3'^'' to be the person ) who appeared before me. / �y�f Los Angeles County I_ _ Mx Comm.ExIres Nov 19.2018 Signature,' ..o!t '_IA _ "Ile I Signature of Notary Publi Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this in . -: "•• can deter alteration of the document or fraudulent reattachment of this form to an unit') - :-e •.cument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 318 • DEPARTMENT OF PESTICIDE REGULATION uCENSING/CERT1FICATION PRCiGRAM ilt,:741.43141,1 QAL QUALIFIED APPLICATOR LICENSE License#: 135732 EXPIRES: 12/31/2017 Categories:B Issued: 02/27/2017 ARMANDO TRINIDAD • 43735 HARDWOOD AVE • LANCASTER CA 93534 1 - 11 - • , !input?tont be shown to any mpresentative ottho Cfrector or Corny ssioneruporequest. • 319 hlgrf/Jtiy.2alb.iagov/OnllneSeMcet/C(oeddi<ense4/lioenseDetailsspiab Nuc 708565 .0-1 G Q Check A license-license D.-x 1, ft •{�+,}�. ie Ed H View Favorites Took Heirs - - - - - X %Calvert •OSelei 0,G coitatal hummingbird pal- YahooQSuggestedSites-iQ7act toolkit ACP Apt, • ®-LTJ *_' Paye•.5arep Tools!Q� Consumers Contractors Online Services Media Room About Us A OAIcRIOGE LANDSCAPEINC. 28064 AVENUE STANFORD#K VALENCIA,CA 91355 Business Phone Numbec(66/)295-7228 - - - - - Entity Corporationt� Issue Date 08/21/2001 _ " .0aSit r. Expire Date 0813112.019 ;ty yip -44 License Status • • 1,131 Thls license Ia:current end active. All Information below should be reviewed. Classifications o A-GENERAL ENGINEERING CONTRACTOR o B-GENERAL BUILDING CONTRACTOR O 927-LANDSCAPING o C-61/049-.TREE SERVICE 0siito Too Bonding Intar Arg mo:i ^ 6 v 320 • T Z£ > r F' ,5 t y t Ir 1 a . h 111�NF �Sn, tt , t itioa uaI*, PlEyd a 1 o alPpt i, t; '-:.1.*':® a� l'''' " '' �•1 1� � s id ''''' (' 1"'a ,1$ .1 aT duo h� Y,jy ®� oruatil"a aaii xno�C a$oi nod £ ''''''-'1; 1 11 V111 tt 11 1 1.11 ,r 4ta__:. -..,...''''' ,..• .1c -... )''"ii 2 ,.y ' ''' 1� :,I\ 1 11 1,�'''\jp li 11111 -.�: r .. 'sEa f t::{ 1., • '//,//• -v\v,-.�1111�; ,11.1 ,-•'-::., .\ Id , - 111 411 J 4 1 --'C- " __ -` r, .'•,, w_AuVTO� j/ , ��/, � 1-1111 11 11�-� 1 1'- � f-_ 4. H �} � if . r u , � . r a + + ri Vii t a3 i attiring il ,.)s a t nq n �C o ,a too�a� IzO[�i / �{ f>[z f r e_;� »� a s� y � 'ate ?e." f +� s `r J! it .+:rwq 1 // / ;;;;;',/;.% ray Y ''! 'S lot k4. ,r,, .4 a�rx.-1 }'• + i .- 1 i_,.1 �_�_� / / / {rry`tie' - S,1St'- -L ''�"`i - '�T-4',_ ,., , - �� -.' A ! .Aezi i- - ,! tei ti ,r int y Y= y -A4 r r1 5 `--t ` .>. – �S[ 3� M�JJYw-lord d "$ �., O�f`'�-;�JtAd'-1 t e :�� aAI yI'4SSJ* ` 1. d� • , �' .1 `- , . ',; Fir pl`'.::::.:-:-*--;:..-;:• m:w .. 1 s ; lt " f 1 xi� 4 � }} r : }r . ° u1 Ia �f �_ „rf �.' %% .4i ,,.' lM2 g ' .� 0r a: r1 `7HISQ 3F41-.Vt;6_= — — . . 0 01:7 ' -�' M' -UO a 117' a: -r 1'� { if til 1 ,1}1i y.- ,,„,1/ �i 5 x� M 0 r—tiW.Rig ':f% ) :,eq� F n .'i,1 1'4 II1 1 1Y 11 ;mai- //,•. 6 Aj- ,,i 1 11•111v li t�� 11111\,,p4,:.'_':::5.-,;,:. .`, 1�� ••\•\.\\,,i � ��}� • r,� 1 I'1 \1 111 It 1i h ..,,,,,,,,,,,,,,,,,,,,,,,,,,,A.4,w . / i , 111 +�1!1�0�`1t 1 f 0\ 1 401)uoj (t,,s?.'2s;'.1"l'Ov fr [ ra lti I io[1 t �qe u ,1} `1�11 11�` , - /� �i ' , , r ; hl" 111111�1 ;11't11'il' �' 1} _ 4-- 1 ° '+z£y a sir . . '� �:.:11k k' .,"\ '-: 1,1 111:-• h `�`lt '�. rf � :c 1 „ / j 6' ; % / .,1 ;u' , - ii .Ta ? a.'118 _— • r [ S I�X4. / ot$56-ifitoddi' 'p o,LNaI(v SVS K � AIO 1v., 71,g2 .,QI (nI4AIAI -, O IIy3 i fila': .''•. h tot+ G,,, Department of Industrial Relations Labor Law Cal/OSHA - Safety &Health Workers' Comp Self insurance Apprenticeship Wortrs i Pubic works contractor(Pwc)Regrstratton Search Public Works Contractor (PWC) Registration Search This is a hating of current and active PWC registrations pursuant to Division 2,Part 7.Chapter I(commencing with section 1720 of the California Labor Code. Enter at east one asarcn crrfeds to display ecar a register d pubilc works cont7aceonst mar.hirg ycur selections. Registration Year: [Current Fiscal Year.2017118 • PWC Registration Number: example:123A56788i° Contractor Legal Name: •akridge Landscape License Number. ((798565 __._..—_...�.. Contractor Lczt*se Lookup County: l LOS ANGELES •� Search Results One registered contractor found. 1 Details Legal dame Registration County City Registration Expiration Number Date i Date view OAKIUDGE LANDSCAPE,INC 1000008346 LDS ANGELES VALENCIA 06'1212017 06130x'2018; 322 . 4 AKRIDGE L, A$ Ds'CAF*. INC . ISA CERTIFIED ARBORIST Juan Ambriz WE-9381A '- sir71:.. •.4.1.Y' .tel {81.= • 7 'rtt: 1,4 Juan m Fxpration i WE-9381A • cr_- 31 Uec 2019 y { H p , i ,S)ntn--attonalS°ao�f ! re�.k4,iw«, . V _'X 323 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization 61-r-r- oF 1 3 2 7 j'-e:011-4 1 (-4 a\OADA, cA Address Z/ __.0 (MY-m-8882 vtic verie as 164, ca,00v. Contact Person Telephone Number and email address 6/1 /0) - Contract Amount Amount/Acreage under contract/ Contract Period (start/end date) F412--,K /ct LAJD6,6,12E- t"lAl 1`1 Description of landscape services and maintenance program performed C2i\-1L-y/v-16E- f PF\y-.K.3 ror,i 6L25 2. Name of Organization II ff 5.61-147--CLAVAA 2-31 2_0 1), 5,6•N_I-rA o....4e.cris. CA 13 SG Address (661) 2-q 2-2-1)6, (,0 5 +t(i _i 56%4 - *2 • CD 4/' Contract Person Telephone Number and email address c.f.,355, 16,5 /fr,r o\ie r 60 &__Ce.5 OA /o - em Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed L.11 19L-E C11- 7-4)06-.5 11`-ic-l--(-4 06 5 MoL,MIC.A 11211-,11-4 (qAti MA4-14-6 -r\ 20( K-6T- Art•=1) 3. Name of Organization 16 324 j. {22kt-7k-111Q AVE .1 4\2,(4.6,p1A cA qlo57 Address 64iSI-D5 VIAL I E 10i 341 - 679'3 jft,,t-L000ciFox145 . t2cou0+1.9" Contract Person Telephone Number and email address 4f 114, M7 /tic 3co 2trc_5 A3 -6> pre50,A--- Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed L-4_11)s cbp1-.411-11-6-f--140cE--_- L-Al2-6-ce F,tic P-E-Ajg 06Q--EA -T1-112, 112,N6A.- 1okl LI zA , SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1) 1\1c1, 2) 3) 17 325 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. 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. 18 326 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: .6(2 irl Contractor: 0441 tiQ6• By: grt Title: ne._ (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) 19 327 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 Tas/ of abid-filikparty 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 Bidder to 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 foregoing is true and correct Laryi that this declaration is executed ona.44.4t7g5 9617 [date], at [city], (7_,A— [state]. Signature: A1 Signature: • w Printed Name: -Veck- Printed Name: This form must be notarized. • 20 328 CALIFORNIA ALL-PURPOSE 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 24, 2017, before me, Susan L. Meza, Notary Public, personally appeared Jeffrey Myers, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity on behalf of which the person 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 my hand and official seal. / rhaa."1"dhah4kg6d641616-1kdk-1 SUSAN L. ,i./41/ it.MEZA Susan L. Meza Nota Pu%li „ Commission; 2087088 ry a �� •� z z ��..3 Notary Public-California z ��?, Los Angeles County My Comm.Ex fires Nov 19,2018 329 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. Name of riding Company 6/6.K, '12-1[76,e, Uij Author -i Signature Title 12SJ 17 Date 21 330 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Labor Code§§ 172o. 1775. 17TO. 1777.5. 181O. 1813. 186O. 18O1 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisionsof 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 the payment 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, or portion thereof, for each vvorknrpaid |eoothanthapnavaiUngnateuaadete'rminedbytheOirnntorof|nduotria| Ro|adonofortheworkorcnsft 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. G. 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. 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 '• pensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with suc pre isions before commencing the performance of the work of this contract." Signature Date 0 /�� /1-1 Printed Name --'' ' M/at-5 Company 04-4�12,1C} �", /pV... }~� ' Title ' ` eL5` x�».��- 22 • 331 Attachment 3 AGREEMENT BETWEEN THE CITY OF MOORPARK AND STAY-GREEN INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 22 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 for Landscape Maintenance District (LMD) Zone of Benefit 22, plus additional repair and installation services as needed related to LMD Zone of Benefit 22; 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 20, 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 landscape maintenance services for LMD Zone of Benefit 22, plus additional repair and installation services as needed related to LMD Zone of Benefit 22, 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 for Landscape Maintenance Services — LMD Zone 22, 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 20 332 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 one hundred eighty-five thousand one hundred fifty-nine dollars ($185,159.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement, without a written amendment to the Agreement executed by both parties. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred forty-five thousand two hundred twelve dollars ($245,212.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), 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 Chris Angelo, 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 20 333 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 one hundred eighty-five thousand one hundred fifty-nine dollars ($185,159.00), which includes a contingency of fifty thousand dollars ($50,000.00), for the first nine months of the Agreement. During subsequent extended terms compensation shall not exceed the rates or contract value of two hundred forty-five thousand two hundred twelve dollars ($245,212.00) annually, which includes a contingency in the amount of sixty-five thousand dollars ($65,000.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor's fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Stay-Green Inc. Page 3 of 20 334 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 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 Stay-Green Inc. Page 4 of 20 335 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 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 Stay-Green Inc. Page 5 of 20 336 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 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 Stay-Green Inc. Page 6 of 20 337 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 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 Stay-Green Inc. Page 7 of 20 338 or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Chris Angelo, CEO/President 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. Stay-Green Inc. Page 8 of 20 339 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 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 sha:l 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. Stay-Green Inc. Page 9 of 20 340 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 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. Stay-Green Inc. Page 10 of 20 341 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 Chris Angelo, CEO / President Attest: Maureen Benson, City Clerk Stay-Green Inc. Page 11 of 20 342 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 12 of 20 343 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 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 Stay-Green Inc. Page 13 of 20 344 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 14 of 20 345 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 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 Stay-Green Inc. Page 15 of 20 346 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 16 of 20 347 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 17 of 20 348 (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 18 of 20 349 (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 19 of 20 350 (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 20 of 20 351 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR 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 ga,,A,r Authorized Signature ate/ Signer's Title ,74�,z/monis 10 352 BID SCHEDULE ZONE 22 DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 22 Moorpark Highlands 1,379,279 s.f. $ /0,3 5 $ /e21-/./3f.72- (Slopes): eZ1-/./"3`7 (Slopes): East and west side of Spring Road from Charles Street to Walnut Canyon Road. North sides of Ridgecrest Drive from Spring Road to the V' ditch approximately 400' east of Spring Road. North side of Ridgecrest Drive from Elk Run Way to Hightop Street. 2. Zone 22 Moorpark Highlands 69,016 s.f. $ ,t75-1 $ 4 ?Jf (Parkways & Streetscape): East and west side of Spring Road from Charles Street to Walnut Canyon Road. North and south sides of Ridgecrest Drive from Spring Road to end of Ridgecrest Drive. 3. Zone 22 Moorpark Highlands 73,845 s.f. $55,4 $ 6,6/46 (Medians Spring Road): Spring Road from Charles Street northerly to Walnut Canyon Road. 4. Zone 22 Moorpark Highlands 26,075 s.f. $/% $;2,34'7 ' (Medians Ridgecrest Drive & Elk Run Loop): Ridgecrest Drive from Spring Road to Hightop Street. Elk Run Loop from Spring Road to Ridgecrest Drive. 5. Zone 22 Moorpark Highlands 242,798 s.f. $ $ 2/,�S`a. (Trails): Decomposed granite trail on the west side of Spring Road from Charles Street to Walnut Canyon Road.; North/east side of Spring Road from Walnut Canyon Road to Ridgecrest Drive; North side of Ridgecrest Drive to easterly end of Ridgecrest Drive. Natural trail at N/E corner of Spring Road and Ridgecrest Drive to interior of the Pinnacles development. Decomposed Granite Trail adjacent to the perimeter of the Pinnacles and Living Smart Development to Mammoth Highlands Park. 11 353 6. Zone 22 Moorpark Highlands 101,394 s.f. $116.6) $ 7 /1,2 . (Detention Basins & Debris Basins): Three (3) Debris Basins (14,716 s.f.): West side of Spring Road. Four (4) Detention Basins (86,678 s.f.): S/E corner of Spring Road; Pinnacles on High Top Street; N/E corner Ridgecrest Drive and High Top Street; end of Timber Hollow Lane. 7. Zone 22 Moorpark Highlands 109,900 s.f. $ - $ `7i6-"/ (Living Smart Development): Parkways and slopes north side of Ridgecrest Drive east of Elk Run Loop to end of Ridgecrest. Slopes on Elk Run Loop from Ridgecrest to Mammoth Highlands Park. TOTAL ZONE 22 $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to Contractor until such time that these areas are incorporated into this contact agreement for landscape maintenance. 12 354 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 13 355 The date of any voluntary or involuntary bankruptcy judgments against any principal having an inteest in this proposal are as follows: !\s /IA All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: 0(A IN WITNESS WHEREOF, bidder executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 25 " day of Au)0-5'1 , 2017. BidderG-e.2.-A 744: tA Subscribed and sworn to this day of ' _ ( 0----- , 2017 . 1 NOTARY PUBLIC /4c, 1?-n-14) a v -\\ Q ______,Qi2__ raC-'/A-Eit-- / 14 356 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 and title 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('s) Is re subscribed to the within instrument and acknowledged to me that CP-he/they executed the same in er/their authorized capacity(ies), and that by + Qt 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. MAGDALENA VANCE WITNESS my hand and o Kiat s- I. U ,,•-A•`= Commission No 2121835 9. c�;•:.. '+ •1: ='NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY / // / / / `R,•:%' My Comm Expires AUGUST 1 2019 J 0 plic 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 BIDDERS INFORMATION as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document Zone 22 Page 13-14 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(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/she/they, is/are)or circling the correct forms.Failure to correctly indicate this 0 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 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. O 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. • CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization City of Santa Clarita Address 23920 Valencia Blvd, Valencia, CA 91355 Contact Person Telephone Number and email address Kevin Tonoian (661)294-2518 ktonoian@santa-clarita.com Contract Amount/Acreage under contract/Contract Period (start/end date) 2 Million Annually, Multiple contracts and years Description of landscape services and maintenance program performed City wide landscape maintenance 2. Name of Organization City of Burbank Address 275 E Olive Avenue, Burbank, CA 91502 Contract Person Telephone Number and email address Bill Parish (818)480-2666 Contract Amount/Acreage under contract/ Contract Period(start/end date) $100.000 Annually. 1 Year Description of landscape services and maintenance program performed City wide landscape maintenance 3. Name of Organization 15 358 City of Downey Address 7850 Quill Drive, Downey, CA 90242 Contract Person Telephone Number and email address Gio Amador (562)904-7192 Contract Amount/Acreage under contract/ Contract Period(start/end date) $192,000 Annually 1 year Description of landscape services and maintenance program performed City wide landscape maintenance SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1} N/A 2) 3) • 16 359 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. 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. 17 360 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: S/aZS/7 Contractor: Sirn/ By: Title: (aP<='¢.a 7ra..4s" f11i?j✓/az-e (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) • 18 361 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] In accordance with PubliclIContract Code Section 7106, the undersigned declares: I am the O �,�� OAC I1Af of l & " - , 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 Bidder to 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 th foregoing is true and correct and that this declaration is executed on 7 [date], at QJ Gun GAa_2ti A, [city], [state]. Signature: � Signature: wir Printed Name: Cry/^17- /- x Printed Name: AC-14-4,e, CVAC This form must be notarized. — ��►I' CL 19 362 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 and title 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 Iii-he/they executed the same in ii4D er/their authorized capacity(ies), and that by r 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. MAGDALENA VANCEE WITNESS my hand an icial s al. �. _-Tit,�, Commfss+onNo 2121835 / 2�`."" NOTARY PUBLIC-CALIFORNIA { LOS ANGELES COUNTY %�► -�1 1 My i..,.... ..;.:es AOr;UST 7 20+9 . .. •• blit Signature (Notary Public Seal) O 0 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 as the wording does not require the California notary to violate California notary Non-Collusion Declaration law. (Title or description of attached document) • State and County information must be the State and County where the document Zone 22 Page 19 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 8/25/17 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/she/they, is/ere)or circling the correct forms.Failure to correctly indicate this 0 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. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. E l 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. E 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. CALIFORNIA ALL- PURPOSE a g CERTIFICATE OF ACKNOWLEDGMENT 1 1 4 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, i and not the truthfulness, accuracy, or validity of that document. x State of California } 5 County of Los Angeles } a On August 25, 2017 before me, Magdalena Vance, Notary Public (Here insert name and title 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) re subscribed to the within instrument and acknowledged to me that i is 4rf.he/they executed the same in itlEtk er/their authorized capacity(ies), and that by i t 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. 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 myhand and off • f. J '..��. � Z 6._,:_.. , Commission No 2121835 r, I. z:'=' ` °'NOTARY PUBLIC-CALIFORNIA 2 t s� LOS ANGELES COUNTY / / 2:e, My Comm Ecp�res AUGUST 1 2019 i N•t-ry 'ri%'ic Signature (Notary Public Seal) i; ® ® 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 b 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 law. (Title or description of attached document) • State and County information must be the State and County where the document k Zone 22 Page 19 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) a eared which r (Title or description of attached document continued) personally pp • 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 8/25/17 • 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/she/they, is/are)or circling the correct forms.Failure to correctly indicate this I] Individual (s) information may lead to rejection of document recording. i ❑ 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 . Additional information is not required but could help to ensure this a ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 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. - 364 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/ 4gz-f' Name of Bidding Company Zig/ Authorized Signature 44,—/z#777c,,.,s' /'.V Zwdcs Title g/-2—sr 7 Date 20 365 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 the payment 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, or portion 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. 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 compen +n or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provi iJ•- - fore ommencing the performance of the work of this contract." Signature ] Date SPAS/7 7 Printed Name Cs,.?-4NT,O e i9GK Company ✓rAy t.: c"1 �/// Title 6, ede/r9 e��-s /"li/saw,q�E2 21 366 Attachment 4 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/18 BUDGET TO APPROPRIATE $128,052 FROM VARIOUS FUNDS TO FULLY FINANCE THE LANDSCAPING SERVICES AGREEMENTS WITH STAY-GREEN INC. AND OAKRIDGE LANDSCAPE, INC. WHEREAS, on June 21, 2017, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2017/18 which includes $1,799,012 for Property Maintenance Services for Divisions 171 (Facilities), 172 (Property Management), 542 (Lighting and Landscape Maintenance Districts), and 430 (Public Transit), of which $572,013 is allotted for landscape maintenance services in the Landscape Maintenance District (LMD) Citywide Zone, Zones of Benefit, and miscellaneous City properties; and WHEREAS, a staff report has been presented to City Council recommending the award of the landscaping services agreements to Stay-Green Inc. for various Landscape and Lighting Maintenance Assessment Districts (LMD) and miscellaneous City properties and Oakridge Landscape, Inc. for LMD Zones 12, 15 and 20; and WHEREAS, the same staff report described the impact of the new contract costs and recommended an aggregate budget expenditure increase of $128,052 to address the projected shortfall in specific property maintenance expenditure line items. The budget amendment will be required from General Fund (1000) - $10,800; LMD 84-2 LA Ave & Gabbert Rd (2307) - $2,187; LMD 84-2 Home Acres Buffer (2308) - $216; LMD 84-2 Mountain Meadows PC3 (2310) - $27,009; Country Club Estates (2315) - $6,039; Meridian Hills (2320) - $76,122; and Moorpark Highlands (2322) - $5,679; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An aggregate budget amendment of $128,052 from various funds to fully finance the new landscaping services contract, as more particularly described in Exhibit A is attached hereto, is hereby approved. SECTION 2. 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. 367 Resolution No.2017 - Page 2 PASSED AND ADOPTED this 20th day of September 2017 Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A— Budget Amendment 368 Resolution No. 2017- Page 3 EXHIBIT A BUDGET AMENDMENT FOR VARIOUS FUNDS TO FULLY FINANCE LANDSCAPING SERVICES AGREEMENTS FY 2017/18 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount General Fund 1000-000-00000-33990 $ 10,800.00 LMD-Z7: LA Ave & Gabbert Rd (Moorpark Business Park) 2307-000-00000-33990 $ 2,187.00 LMD-Z8: Home Acres Buffer Zone 2308-000-00000-33990 $ 216.00 LMD-Z10: Mountain Meadows 2310-000-00000-33990 $ 27,009.00 LMD-Z15: Country Club Estates 2315-000-00000-33990 $ 6,039.00 LMD-Z20: Meridian Hills 2320-000-00000-33990 $ 76,122.00 LMD-Z22: Moorpark Highlands 2322-000-00000-33990 $ 5,679.00 Total $ 128,052.00 . EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-171-F0001-53000 $ 98,889.00 $ 4,734.00 $ 103,623.00 1000-171-F0008-53000 $ 15,087.00 $ 2,889.00 $ 17,976.00 1000-171-L0002-53000 $ 28,120.00 $ 1,629.00 $ 29,749.00 1000-171-L0016-53000 $ 7,862.00 $ 1,548.00 $ 9,410.00 2307-542-P0004-53000 $ 2,624.00 $ 2,187.00 $ 4,811.00 2308-542-P0004-53000 $ 10,690.00 $ 216.00 $ 10,906.00 2310-542-P0004-53000 $ 137,346.00 $ 27,009.00 $ 164,355.00 2315-542-P0004-53000 $ 61,188.00 $ 6,039.00 $ 67,227.00 2320-542-P0004-53000 $ 114,493.00 $ 76,122.00 $ 190,615.00 2322-542-P0004-53000 $ 415,647.00 $ 5,679.00 $ 421,326.00 Total $ 891,946.00 $ 128,052.00 $ 1,019,998.00 Z Finance Approval: n`" 369 Exhibit D P!v0; :C4f� a9 POW .4 rz � �pA� ^� 0gTzp ,0ti-4 CITY OF MOORPARK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES CITYWIDE, ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES City of Moorpark 799 Moorpark Avenue Moorpark, California August 1, 2017 City of Moorpark CONTACT: ALLEN M. WALTER Landscape/Parks Maintenance Superintendent 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6385 1 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL FORM 10 BID SCHEDULE 11 BIDDER'S INFORMATION 20 CONTRACTOR'S REFERENCES 22 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 25 NON-COLLUSION DECLARATION 26 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATE 27 AGREEMENT TO COMPLY WITH LABOR LAW 28 PERFORMANCE BOND 29 SAMPLE AGREEMENT 31 APENDIX A- CONTRACTOR'S PERFORMANCE REQUIREMENTS 48 APPENDIX B - SCOPE OF WORK 59 APPENDIX C -AREAS TO BE MAINTAINED 77 APPENDIX D - INTENT TO SPRAY 84 APPENDIX E - CONTRACTOR'S WEEKLY INSPECTION REPORT 85 APPENDIX F - CONTRACTOR'S WEEKLY IRRIGATION REPORT 88 APPENDIX G -AREA DIAGRAMS 90 2 CITY OF MOORPARK NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS AND MISCELLANEOUS CITY PROPERTIES PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark("City"), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 10:00 a.m. on the 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 landscaped parkways, medians, slopes 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 9:00 a.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 on Wednesday, August 16, 2017, between 10:00 a.m. and 12:00 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 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. 3 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. 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 11:00 a.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, "LANDSCAPE LIGHTING AND ASSESSMENT DISTRICTS - 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 a 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 Ventura County Contractor's Association www.moorparkca.gov 1830 Lockwood Street, Suite 110 Oxnard, CA 93036 FW Dodge 1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com 4 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS AND SUBMITTAL The City is soliciting cost proposals for the maintenance of City landscaped parkways, medians, trails, slopes, and miscellaneous City properties. Three separate bid package have been advertised for three separate LLAD areas. At the City's sole discretion, it may award contracts based on the lowest qualified bidder for each LLAD area , one contract for all areas, or a combination of contracts based on the overall lowest qualified bidder for a combination of areas. 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 24. SCOPE OF WORK 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 landscape maintenance and related services as more fully described in Appendices A, B, C, D, E, F, and G to the Contract contained herein. EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED. The bidder shall personally examine the site of the work contemplated, specifications, and Contract Documents before submitting a bid proposal, to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has personally investigated and is satisfied as to the general and local conditions to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the services, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas to be maintained according to this contract. PROPOSAL GUARANTEE Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance, and bonds as identified in this Request for Proposal and 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 5 intent to award the bid or within fourteen (14) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within fourteen (14) days after the bid has been awarded. The bond shall be duly executed by a surety admitted to do business in the State of California.All bid bonds or substitutes thereof will be returned upon timely execution of the contract and the filing of satisfactory insurance certifications and bonds by successful bidder. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS - Landscape Maintenance Proposal" -- DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the bid must be clearly labeled with the bid title, name of bidder, and date and time of bid opening, as stated above. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. 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 6 must be maintained in good standing throughout the term of the contract. If contractor plans to utilize the services of a subcontractor to provide pesticide operations, said subcontractor must be identified in bid proposal on the form provided. This shall include all subcontractors; PCA (Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL(Qualified Applicator License). Failure to possess the specified license shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license and pesticide license with the bid documents. The City shall, before awarding a bid, verify that a contractor was properly licensed when the contractor submitted the bid. In the event of a dispute as to the classification of license required the opinion of the California Contractors' State License Board shall prevail. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the bidder's proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Financial stability and standing of contractor, and proven competency of the bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance with applicable State Law. No award will be made to a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. 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. 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/Prevailing-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 8 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, not including Sunday, after mailing by City of the Notice of Award of Contract. 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 20 10 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. CONTRACT ASSIGNMENT The biddershall 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 prior written consent of the City, which may be withheld at the City's sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, medical condition, or marital status of such persons. Bidders will comply with all non-discrimination laws. NON-COLLUSION AFFIDAVIT Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and submitted with bid on the form provided in the bid package. 9 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14) days, not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder,this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature Signer's Title 10 BID SCHEDULE CITYWIDE AREAS, ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 18, 21 MISCELLANEOUS CITY PROPERTIES DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Poindexter Avenue (CW1): 4,356 s.f. $ $ Parkway(s): South side of Poindexter Avenue, east and west of Sierra Avenue. Sidewalk, vines and planters. 2. Tierra Rejada Road Parkways (CW2): 13,068 s.f. $ $ Parkway(s): East and west side of Tierra Rejada Road from Los Angeles Avenue southerly to Harvester Street. Tree wells, sidewalk, vines and planters. 3. Tierra Rejada Road Median Islands (CW2a, 56,628 s.f. $ $ 2b, 2c, 2d): Median Islands: Tierra Rejada Road between Los Angeles Avenue and the flood control channel bridge. Median Islands: Tierra Rejada Road between the flood control channel bridge and the Southern California Edison (SCE) easement. Median Islands: Tierra Rejada Road between the SCE easement and Spring Road. Median Islands: Tierra Rejada Road between Spring Road and the City limits, east of the Hwy 23 overpass. 4. Mountain Trail Street Median Islands 13,068 s.f. $ $ (CW3a): Median Island(s): Mountain Trail Street between Tierra Rejada Road and Mountain Meadows Drive. 5. Fountain (CWF): 2,500 s.f. $ $ Mountain Meadows Plaza at the corner of Tierra Rejada Road and Mountain Trail Street. Planters. 6. Spring Road Median, Planters, Parkways 159,603 s.f. $ $ South of LA Avenue (CW4a, 4b): Medians: Spring Road between Los Angeles Avenue and Peach Hill Road. Spring Road between Peach Hill Road and Tierra Rejada Road Planters: East side of Spring Road from Los Angeles Avenue to Peach Hill Road from Arroyo bridge to approximately 650' south of Peach Hill Road. Planter at corner of Spring Road and 11 Peach Hill Road (Marlbrough). West side of Spring Road from Peach Hill Road to planter on the south side of Christian Barrett Road. Trees, shrubs, wall vines and mulch. 7. High Street (CW5): 43,560 s.f. $ $ Moorpark Avenue to Spring Road: Planters, Parkways, improved and unimproved Public Parking lots, Hardscapes 8. Los Angeles Avenue at Millard Street 9,000 s.f. $ $ (CW6): Parkway(s): North side of Los Angeles Avenue between Millard Street and Spring Road. Sidewalk, vines and planters. 9. Princeton Avenue Parkways (CW7): 6,500 s.f. $ $ Parkway(s): East side of Princeton Avenue from the 118 Freeway northerly to Campus Park Drive. Sidewalk and planters. Parkway(s): West side of Princeton Avenue from the 118 Freeway northerly to Amherst Street. Sidewalk and planters. 10. Princeton Avenue Medians (CW7a, 7b): 6,500 s.f. $ $ Median(s): Princeton Avenue between the southerly end of Condor Drive and the 118 Freeway overpass. Median(s): Princeton Avenue between the 118 Freeway overpass and Campus Park Drive. 11. Campus Park Drive Parkways (CW8): 9,000 s.f. $ $ Parkway(s): Southwest side of Campus Park Drive from Cambridge Street easterly to the commercial center. Sidewalk and planters. Parkway(s): South side of Campus Park Drive from Princeton Avenue easterly to Penn Street. 12. Campus Park Drive Medians (CW8a, 8b): 22,000 s.f. $ $ Median(s): Campus Park Drive between Princeton Avenue and Penn Street. Median(s): Campus Park Drive between Penn Street to Collins Drive. • 13. Campus Park Drive at Collins Drive 13,068 s.f. $ $ (CW9): Parkway(s): North side of Campus Park Drive from Collins Drive westerly to the Flood Control Channel. Sidewalk and planters. Parkway(s): West side of Collins from Benwood Drive southerly to Campus Park Drive. Sidewalk and planters. 12 14. Los Angeles Avenue at Tierra Rejada 13,068 s.f. $ $ Road (CW 10): Parkways Southside of Los Angeles Avenue from Mira Sol Drive easterly approximately 600' east of Maureen Lane. Trees, tree wells, sidewalk, planters and vines. 15. Spring Road Parkways — North of Los 26,250 s.f. $ $ Angeles Avenue (CW11): Parkway (s): West side of Spring Road, from the Railroad tracks southerly to Los Angeles Avenue. Tree wells, sidewalk, vines and planters. Parkway (s): East side of Spring Road between the Railroad tracks and Flinn Avenue. Tree wells, sidewalk. _ 16. Spring Road Medians — North of Los 4,356 s.f. $ $ Angeles Avenue (CW11a): Median(s): Spring Road south between railroad tracks and Flinn Avenue. 17. Peach Hill Road Parkway—West of Rolling 600 s.f. $ $ Knoll Drive. Parkway with trees and wood mulch 18. Peach Hill Road Parkway —West of Bella 600 s.f. $ $ Vista Drive. Parkway with trees and wood mulch SUB-TOTAL CITY-WIDE ZONES COST: $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 13 ZONES OF BENEFIT DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 1 Pecan Avenue: 60,984 s.f. $ $ Parkway(s): East side of Pecan Avenue between Campus Park Drive and Bambi Court. Sidewalk and planters. Parkway(s): North side of Bambi,Court between Pecan Avenue and Benwood Drive. Sidewalk and planters. Parkway(s): East side of Benwood Drive between Bambi Court and north Benwood Drive. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. 2. Zone 2 Steeple Hill: 143,748 s.f. $ $ Parkway(s) & slope(s): West side of Spring Road, south of Monte Vista Park to approximately 75' south of Christian Barrett Road, including entry planters. Sidewalk, turf, vines and planters. Parkway(s) & slope(s): South side of Christian Barrett Road between Spring Road and Willow Creek Lane. Sidewalk, vines and planters. Parkway(s) & slope(s): North side of Tierra Rejada Road, from the southwest property line of the commercial center westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): South side of Tierra Rejada Road from approximately 75' east of Keisha Drive westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s) & slope(s): East side of Peach Hill Road from Tierra Rejada Road southerly to Christian Barrett Road. Sidewalk and planters. 3. Zone 3 Buttercreek: 4,356 s.f. $ $ Parkway(s): South side of Peppermill Street. Sidewalk and planters. Parkway(s): South side of Los Angeles Avenue from the east property line west of Buttercreek Road easterly to Mira Sol Drive. 14 Tree wells, sidewalk, vines and planters. 4. Zone 4 Williams Ranch Road: 21,780 s.f. $ $ Parkway (s): North side of Williams Ranch Road between Granadilla Drive and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Road from the SCE Easement westerly to the west end of Williams Ranch Road. Turf, planters and sidewalk. Parkway(s): SCE barrier landscape area. Planters 5. Zone 5 Pheasant Run: 191,664 s.f. $ $ Parkway(s) & slope (s): West side of Peach Hill Road between Williams Ranch Road and Tierra Rejada Road. Sidewalk, turf and planters. Parkway(s) & slope(s): North and South side of Tierra Rejada Road between Peach Hill Road and the SCE easement, including the entry statements at Pheasant Run Street. Sidewalk and planters. 6. Zone 6 Inglewood Street: 1,500 s.f. $ $ Parkway(s): West end of Inglewood Street 7. Zone 7 Los Angeles Avenue & 35,000 s.f. $ $ Gabbert Road: Parkway(s): North side of Los Angeles Avenue from Gabbert Road easterly to the property line east of Shasta Avenue. Turf, sidewalk and planters. 8. Zone 8 Home Acres Buffer: 60,984 s.f. $ $ The fenced landscaped area at the west end of Shadyridge Drive. Turf, sidewalk and planters. 9. Zone 9 Condor Drive: 17,424 s.f. $ $ Parkway and planter at the southwest corner of Condor Drive and Princeton Avenue. 10. Zone 10 Mountain Meadows PC3: 740,520 s.f. $ $ The landscape area adjacent to both sides of the Peach Hill Wash channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Road on the north side of the channel, including the slope and landscape areas behind the 15 adjacent shopping center at Tierra Rejada Road and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, Zone 10 (cont.): west of Mountain Trail Street, behind the houses fronting Shadyridge Drive, including the north slope area adjacent to Mountain Trail Street. Planters and natural areas. Parkway(s) and slope(s): North and south side of Tierra Rejada Road between the flood control channel bridge and Countrywood Drive, including the entry statements at Countrywood Drive. Sidewalk, turf and planters. Parkway(s) and slope(s): Southwest side of Tierra Rejada Road between Countrywood Drive and the Vons Shopping Center. Sidewalk and planters Parkway(s) and slope(s): North side of Tierra Rejada Road between Mountain Trail Street and the SCE easement. Parkway(s) and slope(s): South side of Tierra Rejada Road between Mountain Meadow Drive and the SCE easement. 11. Zone 11 Alyssas Court: 1,800 s.f. $ $ Landscaped parkway at the northeast and southeast corners of Pecan Avenue and Alyssas Court. Turf and sidewalk. 12. Zone 14 Silver Oak: 13,068 s.f. $ $ Parkway(s): North side of Peach Hill Road from Rolling Knoll Drive easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Drive from Peach Hill Road northerly to property line. Sidewalk and planters. 13. Zone 16 Mountain View: 17,424 s.f. $ $ Parkway(s): West side of Gisler Road from Poindexter Avenue southerly to Olympus Street. Sidewalk, vines and planters. Parkway (s): West side of Fuji Street and West side of Reyes Street at property line. Sidewalk, vines and planters. Parkway (s): South side of Poindexter Avenue between Gisler Road and westerly property line. Sidewalk, tree wells, vines and turf 14. Zone 18 Moonsong: 21,780 s.f. $ $ 16 Parkway(s): North side of Los Angeles Avenue between Flory Street and Millard Street. Sidewalk, turf, vines and planters. Parkway(s) & basin(s): East side of Flory Street from Los Angeles Avenue to northerly property line. Sidewalk, vines and planters. 15. *Zone 21 Shea -Canterbury & Ivy 8,712sgft $ $ Lane: Parkway, planters, vines and sidewalks: South side of Los Angeles Avenue; east and west sides of Millard Street. East and west sides of Edenbridge Road Western perimeter Parkway planter Millard Street SUB-TOTAL ZONES OF BENEFIT COST $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 17 MISCELLANEOUS PROPERTIES DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. 310 High Street— Metrolink Station: 278,784 s.f. $ $ Paved north parking lot and south parking lot, Metrolink Station and walkways, pedestrian access park south of the railroad tracks between Moorpark Avenue and the Metrolink parking lot, all landscape planters, access drive and the High Street and Moorpark Avenue landscape frontage. 2. 661 Moorpark Avenue: 11,185 s.f. $ $ City-owned vacant property. Landscape areas and parkway east of the property fence and between the north and south property line. 3. 18 High Street: 15,700 s.f. $ $ SA owned office property. Landscape frontage on High Street and Moorpark Avenue, south property line fence, parking lot and planters. 4. 33 High Street: 1,500 s.f. $ $ SA owned office property. Landscape frontage on High Street, parking lot and planters. 5. 627 Fitch Avenue: 55,000 s.f. $ $ Landscape areas and Parking lot 6. 699 Moorpark Avenue - Moorpark 37,000 s.f. $ $ Library: Landscape areas and parking lot. 7. 799 Moorpark Avenue — Moorpark 113,256s.f. $ $ Civic Center: All landscaped areas at the Civic Center Complex (City Hall, Office (s), Annex (s), Community Center, Parking Lots) Does not include the Community Center Park. 8. Public Parking Lot: 43,560 s.f. $ $ Paved parking lot and landscape areas on the south/west corner of High Street and Moorpark Avenue. 9. 612 Spring Road – Ruben Castro 108,900 s.f. $ $ Human Services Center Landscape areas and parking lot 10. 31 Poindexter Avenue (City Facility 10,000 s.f. $ $ Parking lot, Trees and Shrubs 11. Bus Shelters: 21 total $ $ 18 Empty trash receptacles at 21 bus stops once a week. SUB-TOTAL MISCELLANEOUS PROPERTIES COST: $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION GRAND-TOTAL ALL AREAS $ $ • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to Contractor until such time that these areas are incorporated into this contact agreement for landscape maintenance. 19 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Type of Firm Individual; Partnership; Corporation Business Address Telephone State Contractor's License No. and Class(es) Original Date Issued Expiration Date Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Expiration Date 2) Expiration Date 3) Expiration Date If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, information related to the subcontractor must be disclosed on Subcontractor Form. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: 20 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,titles, hands, and seals of all forenamed principals this day of , 2017. Bidder Subscribed and sworn to this day of _ , 2017 NOTARY PUBLIC • 21 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization Address Contact Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period (start/end date) Description of landscape services and maintenance program performed 2. Name of Organization Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed 22 3. Name of Organization Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/Contract Period(start/end date) Description of landscape services and maintenance program performed SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1) 2) 3) 23 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. 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. 24 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: Contractor: By: Title: (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) 25 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 of , 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 Bidder to 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 foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Signature: Signature: Printed Name: Printed Name: This form must be notarized. 26 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. Name of Bidding Company Authorized Signature Title Date 27 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 the payment 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, or portion 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($25)for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date Printed Name Company Title 28 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter("City") and (hereinafter "Contractor") have entered into an Agreement dated , 2017, for work identified as " " which Agreement is hereby incorporated into and made a part hereof; and. WHEREAS, said Contractor, is required to furnish a bond in connection with said contract, providing for the faithful performance thereof; NOW, THEREFORE, we, the Contractor, as Principal, and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, as Obligee, in the sum of Dollars ($ ) 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. {SIGNATURES NEXT PAGE} 29 (Corporate Seal) (Principal) Notarial Certificate Attached By (Title) (Corporate Seal) (Surety) Notarial Certificate Attached By (Title) 30 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 various Landscape Maintenance Districts 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 various Landscape Maintenance Districts 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 31 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. 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 32 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 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. 33 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 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. 34 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. 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. 35 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 , 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 36 remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1)year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s)and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or 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 37 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 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, 38 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 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. 39 CITY OF MOORPARK By: By: 'Steven Kueny, City Manager (Name) (Title)_ Attest: • Maureen Benson, City Clerk 40 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. 41 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 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 day 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 42 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 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. 43 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 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. 44 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. 45 (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. (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. 46 (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. (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.) 47 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"), with the exception noted in section 2 of Appendix B. No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times or without prior written permission from the City, except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify representative designated by the City (hereinafter referred to as "City Representative") within 24 hours in the event of emergency work. 2. Contractor shall be responsible for any costs incurred by the City including, but not limited employee's hourly rate of One Hundred Five dollars ($105.00) per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee, 3. The Contractor shall have staff available by phone contact (not an answering service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number(not an answering service)for non-working hours, including weekends and holidays. 4. Non-working City holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 5. After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this Agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 6. 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 48 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. 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. 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 City. Quality and specifications of materials to be provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 49 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides including herbicides, insecticides, fungicides and rodenticides and all necessary licenses. 3. All necessary fertilizers and soil amendments. 4. INTENTIONALLY LEFT BLANK 5. All necessary horticultural supplies and landscape tools. 6. All parts necessary for the repair and proper maintenance of all irrigation systems. 7. All materials are to be new and identical to existing materials model and make, 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 negligence. The City shall be responsible for replacing any plant material that has been damaged or destroyed as a result of acts of vandalism and or theft. F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified minimum 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 the City. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material or irrigation system, immediate treatment or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the restriction. Contractor shall also provide a copy of said notification to City Representative prior to commencing such work. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, 50 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 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector 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. 24 hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the"Work Area Traffic Control Handbook"(WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each reported /observed violation that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. 51 L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of this Contract that are listed on subcontractor(s) form submitted with the bid documents. All submitted subcontractors shall be licensed and only provide the work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. 3. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines For Construction Sites,"which by reference is a part of Appendix B and is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N. INSPECTION TOUR, 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. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five(5)business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the 52 allocated time, the Contractor may incur liquidated damages, as more fully described below. 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 accessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. 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 • 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. 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 53 damages or repairs to the irrigation system and any other information requested by the City P. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required service and repairs, pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars($150.00) for each incident at each separate location for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. Q. 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. R. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities 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. S. 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. Maintenance Worker III: $105/hr. 54 City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $315/hr. Park/Landscape Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $158/hr. T. 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 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. U. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at City facilities shall only be allowed with prior written permission 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 the Agreement applies to such storage. V. 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 system, or other improvements observed or found by Contractor's employees, regardless of the cause. a. Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s)or component(s)damaged or stolen, and the number of components involved Report shall be submitted within one (1) business day. 55 2. Costs caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. W. 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 in writing and have his work force available to assist the City with emergency operations as required by the City. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 4. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative in writing. 5. The Contractor shall re-stake and re-tie trees as required, and continue to monitor trees during storm conditions. 6. The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. 7. Contractor shall request controllers and timers be set to the "OFF" position, which shall remain off until demands indicate conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor the landscape to ensure that controllers and timers are activated at the appropriate time. X. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY: 1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses.All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the City solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract 56 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 the Contractor. Y. KEY AND KEY CARD ACCESS CONTROL: 1. Contractor shall be responsible for assigned keys and key cards and is responsible for the proper use and safe keeping of all keys and key cards issued to Contractor by the City. 2. Contractor shall be responsible for assigning keys and key cards to Contractor's employees. Contractor shall not assign, lend, or in any other way allow use of keys or key cards to anyone other than Contractor's employees who are performing services under this Agreement. 3. Contractor shall provide to City in writing the names of all individuals who are assigned keys or a key card at the time the assignment is made. If keys or key cards are reassigned by Contractor, Contractor shall immediately provide to City in writing the names of the individuals no longer in possession of keys or key cards and the names of the individuals to whom the keys or key cards are reassigned. 4. Contractor agrees not to duplicate any keys or key cards 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. 5. Contractor shall immediately report all lost or stolen keys or key cards to the City Representative. 6. Upon expiration, cancellation, or termination of this Agreement, all keys and key cards received by the Contractor shall be immediately returned to the City. 7. Contractor shall reimburse the City all costs and expenses as determined by the City for any key, key card, or lock replacements due to Contractor's negligence or willful misconduct. Such costs shall be deducted from any payments due or to become due to Contractor. Costs may include, but are not limited to, replacing padlocks, re-keying door locks, re-programing key card access site(s), staff time, and a fifteen percent (15%) administration fee." 57 Z. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to perform maintenance services according to Contract specifications. AA. 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 shall be notified immediately of any unsafe condition found by the Contractor. 58 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 shall be mowed to the minimum height of 1 1/Z" -2"during fall and winter months, and during the late spring and summer the cut should be no lower than 2" from the soil grade. Mowing heights may vary for special events and conditions approved by the City. 3. Turf shall be mowed weekly, no less than 48 times per year, so that no more than 1/3 of the blade is removed at time of cutting, but at intervals of no less than once a week during the active growing season (April through November). Turf mowing at each location shall be completed in one day, and shall be on a schedule approved in writing by the City Representative. 4. 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 hazardous material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds and re-seed bare areas. Seed shall be identical to the existing turf type. B. EDGING AND TRIMMING: 1. Mechanical type edging includes walkways, sidewalks, driveways, curbs, trees, shrub and groundcover beds, and shall be performed once per week, and concurrently with mowing at each location. 2. Sprinkler heads shall be kept free of grass to allow for proper operation and coverage. This shall be performed by mechanical methods only, unless otherwise specified by City. 3. Edging against hardscape shall be performed in a manner that results in a neat well- defined V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade, and shall not exceed '/2 inch from the hardscape surface being edged. 4. Trees growing in turf areas shall have tree wells not to exceed 12" in diameter from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each 59 mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Tree damage resulting from Contractor's edging practices shall be replaced by 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 free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6. Edging next to retaining walls and fences shall be done using a power string type trimmer, and shall be completed in such a manner to avoid excessive string contact to the exterior surface of retaining walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without express 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, and Appendix A, Section M. C. TURF FERTILIZATION: 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative in writing of application date, location, fertilizer formula to be applied and amount applied at each location. 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. Fertilization of turf grasses shall be accomplished at the following intervals with the fertilizer formula described below: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit a written schedule to the City Representative for written approval prior to application. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be done in sections in accordance with the area covered by the timing stations on the automatic irrigation controllers so 60 that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. D. SHRUB AND GROUND COVER FERTILIZATION: 1. 30-days 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. Shrub and ground cover Application rates are as follows: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000 square feet). 2. Contractor shall submit a written fertilizer schedule to the City Representative within 30-day of receipt of an executed agreement. E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS: 1. The Contractor shall be responsible for trimming and weeding weekly, 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. 2. All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning as needed 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. 3. Shrubs, ground covers, bare dirt and mulched areas shall be defined as "planters". 4. Planters shall be cultivated to a depth of (1") and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. 5. 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". Bark mulch shall consist of 100% recycled material and shall be 99% contaminant free, including litter and weed and/or weed seed. Mulch shall have a uniform size range from minus to 3". Contractor shall submit mulch sample to the City Representative for approval prior to installation. 61 6. Weeds, grasses and invasive plant species, as determined by the City Representative, shall be removed from all planter areas weekly, or more frequently if 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. 7. 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. 8. Contractor shall fill holes, knock down and grade gopher mounds and re- install plant material in areas caused by such damage. Plant material shall be identical to the existing groundcover type and reinstalled with flatted plant material or as otherwise directed by City Representative. F. TURF PARKWAYS AND TURF PARKWAY CONVERSION Per the City's Drought Action Plan, which prohibits turf in parkways and irrigation runoff onto public streets, the irrigation system has been capped of all non-essential spray heads in many City parkways and median islands. Contractor shall be responsible to maintain affected turf parkways and medians to City standards by maintaining them free of weeds, debris and edging when necessary. As these parkways and medians are improved and retrofitted with new plant material and low water use irrigation systems, the Contractor shall be responsible for maintenance of the new plant material and irrigation systems per the appropriate section(s) of the Scope of Work. G. MAINTENANCE OF TREES VINES AND SHRUBS: 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees within designated medians, parkways, planters and slopes as provided. Tree care is limited to the removal of sucker growth, spouts, and limbs that obstruct the right of way and/or present a potential hazard, originating from the tree trunk, from the ground to the first eight (8) feet. 2. Maintenance of Trees and Shrubs: Shall be in accordance industry and International Society of Arboriculture(ISA) standards, and the standards and practices acceptable to the City, and any later amendments and consistent with the guidelines furnished below: a. Pruning for removal of dead, damaged or diseased parts. b. Pruning trees for removal of water sprouts and suckers as they develop. c. Pruning for shape and form shall include lifting of low tree branches to prevent hazards. 62 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. Median trees shall have no branches lower than eight(8)feet from top of curb, or as directed by the City Representative to provide proper line-of-sight for traffic movement. f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Trimming shall not be excessive and shall be limited to no more than 10% of the overall size of the plant material, unless otherwise directed by the City Representative. Pruning methods shall provide a natural shape. g. Shrubs shall be maintained at a height no greater than 11/2 feet from top of curb at designated areas to allow for traffic safety, per standard plans. h. Vegetation shall be trimmed back from all utility boxes, controller units, valve boxes, quick couplers, and backflow devices. Vegetation shall not encroach onto sidewalks, curb and gutters, decomposed granite paths, private property, or roadways. Vegetation shall not grow up trees, structures, or walls. Pruning for sight visibility clearance may be required at any time and shall be expedited in order to address potential safety concerns. 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 on an as-needed basis in order to preserve the aesthetic value of the plant material. Aggressive pruning or 'dead heading' to increase plant density and promote plant health shall be performed no less than twice annually or as determined by the City Representative. j. Vines — All clinging vines shall be trimmed close to walls to maintain a neat appearance.Vines shall be trimmed in order to maintain control and to prevent them from creeping over walls. Vines shall be checked and secured with appropriate ties as necessary. When necessary, appropriate stakes and/or supports shall be utilized to promote directional growth. The height of vines shall be maintained per City direction, typically within six (6) inches of the top of the wall. Vines shall not be allowed to encroach onto trees. 3. TREE TRIMMING: a. Trimming and pruning shall be performed per the standards of the International Society of Arboriculture (ISA). It is the Contractor's sole responsibility to obtain .and practice these pruning standards on all tree work performed. The Contractor agrees to accept all responsibility for the replacement of trees damaged by Contractor's pruning operations, if so determined by the City that 63 replacement is required. b. Where necessary, as determined by the City Representative, Contractor shall provide and post no parking signs 48 hours in advance of the work, except when emergency work is necessary. 4. Tree/Shrub Replacement: 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. 5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace as needed. H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION: 1. Scope: All work involving the transport and use of pesticides, herbicides, rodenticides and insecticides shall be in compliance with all Federal, State, County and local laws. The Contractor shall possess all valid State and County licenses and permits required for pesticide, herbicide, rodenticide and insecticide transport and application operations. Pesticide applicators (persons) assigned by the Contractor to perform pesticide operations shall have a valid license issued by the State of California Department of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State certification for categories specific to each pesticide for recommendation or use. Contractor shall be in strict compliance with all pesticide directives and laws governed 64 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 a valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Intent to Spray Application: Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix F ) prior to the application of any pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s). All applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a. The exact location(s) where the pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s) is to be used, with the identification of the Insect (s), weed (s) and/or rodent (s) to be controlled. b. That the pesticide(s), herbicide(s), rodenticides(s)and/or insecticide(s)shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 3. Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Chemical weed control in shrub and groundcover planting areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with 'non-restricted' commercial herbicide (s), as governed by the County of Ventura Agricultural Commissioner's Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (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 is to be used, with the identification of the weed to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. 65 c. That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4. Disease, Harmful Insects: a. Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s)where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 5. Rodent Control: a. The Contractor's Pest Control Advisor's(PCA) recommendations shall provide specific names of the specific vertebrate specie(s) expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA Recommendation, and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 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. 66 c. Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. 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. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural 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 and pesticide, herbicide, rodenticide and insecticide at any time and for any reason of justification as determined by the City Representative. 67 J. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM: 1. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic sprinkler system components, with the exception of backflow protection devices. Contractor shall repair and/or replace as needed any irrigation system components, to insure optimal operation of the irrigation system. All irrigation systems shall perform according to the original design and installation intent. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written 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 it sole cost, listed in the succeeding paragraphs in addition to the following: * Irrigation Controllers (exception necessary replacement) * Plastic pipe * Remote control valves * Remote control valve wiring *Valve boxes 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 model, make and manufacturer 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. 68 5. At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacement(s). 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to insure the quality of backfill and compaction. 7. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones (as directed by the City). 8. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, and recreation use areas. Special attention shall be given to the relationship of conditions that affect day and night watering. 9. Contractor shall prevent water from over-spraying onto walls,walkways, streets and private property. For this purpose, the Contractor shall provide the necessary repair, replacement, and component adjustment as required of all sprinkler heads, nozzles, swing joints and pipe risers. In cases where irrigation system design features makes this impractical or impossible, the Contractor shall provide, at no cost to the City, a recommended plan of component changes and/or a cost estimate for installation of the changes needed for the purpose of mitigating the undesirable over-spray. 10. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within one (1) hour of detection, shall be immediately reported to the City, and provisions made by Contractor to complete said repair prior to the close of the next regular business day. Additional time may be granted in writing, at the sole discretion of the City Representative. 11. Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. 12. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation. 13. At the request of the City, Contractor shall identify and mark the location of sprinkler heads with provided flags, at no additional cost to City, to assist with improvement projects. 14. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control valve wiring: a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). 69 b. Plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. c. If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 15. 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 hazards, and prevent an unsightly appearance. Contractor shall inspect, repair and maintain all drip irrigation systems as a regular service to the contract. Contractor shall inspect all drip irrigation systems weekly. 16. 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. 17. 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. 18. 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. 19. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation technician, fully trained in all phases of the WeatherTrak irrigation system operation. This is to include, but not limited to, diagnosis and repair of controllers (motors, switches and fuses), valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. 70 The Contractor's irrigation technician shall have a minimum of seven (7) years of experience at the technician level and have WeatherTrak Fourteen (14)days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician's qualifications,for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in 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 and as directed by the City Representative. K. IRRIGATING AREAS: Irrigation is controlled by the City's Central Irrigation Management System. Programming and scheduling of the City's Central Irrigation Management System shall be the responsibility of the City. Contractor shall manually turn on the system to check irrigation coverage and irrigation system components for conformance to this contract as described herein. Contractor shall not make any adjustments to the Central Irrigation System without permission from the City Representative. 1. Watering of Turf, Shrubs and Ground Cover Areas: a. Watering of the turf, shrubs and ground cover areas shall be done pursuant to the City's installed WeatherTrak Central Irrigation Management System, unless otherwise directed by the City Representative. b. Contractor shall be responsible to make all adjustments to sprinkler heads as required to keep over-spray of sprinklers from walls and excessive runoff onto sidewalks, and streets. c. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor shall consider the variation in size of plants, roots, soil, irrigation components and weather conditions when making water determination requirements. Extremely close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. All landscape and turf areas shall be irrigated as 71 required to promote vigorous and healthy plant growth. d. Contractor shall be held responsible for over-watering,which is represented by excessive run-off, over saturation, or high use rates and dry areas or dead plant material caused by the Contractor's negligence to monitor or report to the City Representative Central Irrigation Management System problems or required adjustments shall result in liquidated damages andthe cost of water or dead plant material incurred by City. • e. Contractor shall be responsible to report new trees, shrubs ground cover and turf (up through the sixth mowing), to the City representative to make or request watering adjustments. . 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Contractor§ Irrigation Schedule and Maintenance Report (Appendix F): An Irrigation Schedule and Maintenance Report shall be prepared weekly and submitted to the City Representative monthly. 3. Irrigation Repairs: Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired. 4. Repair Inspection: Irrigation inspections by the City Representative may occur within one working day of notification of services or repair completion. The City Representative will 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. 5. Irrigation Materials: a. All replacement materials are to be identical manufacturer, type and model unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium-to-high usage stock items for repair of the irrigation systems. c. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless directed otherwise approved in writing by the City Representative. 72 6. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation Journeyperson fully trained in the operation of the WeatherTrak Central Irrigation Management System and in all phases of landscape irrigation system operations, maintenance, adjustment and repair. This is to include diagnosis and repair of valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. Contractor shall provide additional irrigation personnel as needed,to provide irrigation repair and maintenance services described herein, in emergency situations and as directed by the City Representative. 7. Irrigation During Inclement Weather: Contractor shall Request irrigation controllers be set to the "OFF" position prior to actual inclement weather conditions and when local weather reports forecast a 40% or greater chance of inclement weather. The Contractor will be responsible to request that the controllers and timers ear returned to the "ON" position when conditions are appropriate. • L. SWALES, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION AND CATCH BASINS): 1. Contractor shall maintain all swales and drains on a weekly basis to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2. Drains and collection boxes shall be inspected weekly, 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. Debris basins, retention basins and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash and tree branches. Contractor shall string trim or mow the bottom of all basins to a maximum height of 3", four (4) times annually. Contractor shall remove all trimmings. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. 5. Contractor shall maintain all tree, shrub and groundcover areas, including accompanying irrigation systems, adjacent to all debris basins, retention basins and detention basins as described herein. M. LITTER CONTROL: 1. Contractor shall on a daily basis provide complete policing and litter pickup to remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and miscellaneous debris. This includes, but is not limited to all hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence 73 lines, between and around planted areas, steps, planters, drains, catch basins, areas on slopes from the toe to the top of slope and turf areas. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City supplied solid waste containers or bins. 3. Litter pickup shall be completed as early in the day as possible, but in no event later than 10:00 a.m. 4. Branches, paper trash and miscellaneous debris shall be removed from along walkways, slopes and basin, as well as submerged debris. . 5. Litter shall be removed from all pedestrian, bike, and hiking trails and three (3)feet on either side of trails adjacent to developed areas and City streets daily, unless otherwise stated. 6. Litter shall be removed from developed irrigated slope areas and undeveloped areas adjacent to developed areas or roadways. 8. Litter picked up on site shall be performed daily and litter placed in City supplied refuse bins and not in public use trash containers. N. TRASH RECEPTACLES AND DOG WASTE STATIONS: 1. Trash,recycling and Mutt Mitt receptacles adjacent to City trails, or other areas, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. Recycle material shall be removed from the liner and placed in appropriate recycling bin. The liner shall be placed in appropriate trash bin. 2. Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as needed and when less than 75% full. City shall provide Mutt Mitt's at City's sole cost. 3. Trash, recycling and Mutt Mitt receptacles shall be cleaned as needed, or as requested by the City, but no less than monthly. O. HARDSCAPE: 1. All hardscapes such as, but not limited to, sidewalks, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints and walls adjacent.to City landscapes shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe. 74 2. The Contractor shall be responsible for weekly sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas. 3. Contractor shall be responsible to remove graffiti that can be removed with an approved solvent. Such removal shall take place within two (2) hours of observance. The City will be responsible for all other graffiti and the Contractor shall be responsible for reporting said graffiti to City immediately upon observance. P. GRAFFITI: 1. On a daily basis, Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and police reporting prior to removal. The Contractor shall be responsible for removing graffiti within two (2) hours of observance that can be removed using a solvent specially formulated for graffiti removal and approved for such use by the City Representative. If graffiti cannot be removed with said solvent, Contractor shall notify the City Representative immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor's first arrival to the designated work site: a) Concrete walkways. b) Curb and gutter c) Concrete drainage swells, slough walls, culverts, drainage inlet or outlet devices d) Fences and block walls e) Waste cans f) lighting fixtures 2. All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. Q. MULTI-USE TRAILS AND STAGING AREA: 1. Contractor shall fine grade, rake, remove all trail ruts and trash, remove all weeds and report all graffiti and potential trail hazards to the City Representative. Contractor shall provide trail maintenance services weekly. After inclement weather, contractor 75 shall inspect and repair all trails, remove trail ruts and clean adjacent hardscape surfaces. 2. All trail ruts, holes or other deviations shall be repaired by filling in deviation level with surrounding areas with new decomposed granite. Decomposed granite shall be fully wetted and compacted to the satisfaction of the City Representative. 3. Drains, collection boxes, swales and cobble shall be inspected weekly, cleaned and cleared of all debris as needed. Swales shall be maintained to provide positive drainage. All swales shall be cleared of loose decomposed granite or other material and compacted as needed. 4. 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. 5. Contractor shall remove all weeds from the Zone 15 gravel staging area. Contractor shall grade gravel surface and fill in ruts two (2)times annually. The Contractor shall provide a service schedule to the City Representative for approval. The City Representative may alter the schedule at any time. R. 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. • 76 APPENDIX C LANDSCAPE MAINTENANCE DISTRICTS CITYWIDE ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) LANDSCAPE MAINTENANCE DISTRICT CITYWIDE AREAS DESCRIPTION SIZE MAP 1. Poindexter Avenue (CW1): Parkway (s): South side of Poindexter Avenue, east and west 4,356 s.f. CW1 of Sierra Avenue. Sidewalk, vines and planters. 2. Tierra Rejada Road Parkways (CW2): 13,068 s.f. CW2 Parkway(s): East and west side of Tierra Rejada Road from Los Angeles Avenue southerly to Harvester Street. Tree wells, sidewalk, vines and planters. 3. Tierra Rejada Road Median Islands (CW2a, 2b, 2c, 2d): 56,628 s.f. CW2a Median Islands (s): Tierra Rejada Road between Los Angeles Avenue and the flood control channel bridge. CW2b Median Islands (s): Tierra Rejada Road between the flood control channel bridge and the Southern California Edison (SCE) easement. CW2c Median Island (s): Tierra Rejada Road between the SCE easement and Spring Road. CW2d Median Island (s): Tierra Rejada Road between Spring Road and the City limits, east of the Hwy 23 overpass. 4. Mountain Trail Street Median Islands (CW3a): Median Island (s): Mountain Trail Street between Tierra 13,068 s.f. CW3a Rejada Road and Mountain Meadows Drive. 5. Fountain (CWF): Mountain Meadows Plaza at the corner of Tierra Rejada Road 2,500 s.f. CWF and Mountain Trail Street. Planters. 6. Spring Road Median, Planters, Parkways South of LA 159,603 s.f. CW4a Avenue (CW4a, 4b): Medians: Spring Road between Los Angeles Avenue and CW4b Peach Hill Road. Spring Road between Peach Hill Road and Tierra Rejada Road Planters: East side of Spring Road from Los Angeles Ave to Peach Hill Road from Arroyo bridge to approximately 650 south of Peach Hill road. Planter corner of Spring Road and Peach Hill Road (Marlbrough). West side Spring Road from Peach Hill to south plante on the south side of Christian Barrett. Trees, 77 shrubs, wall vines and mulch. 7. High Street (CW5): Moorpark Ave to Spring Road: Planters, Parkways, improved 43,560 s.f. CW5 and unimproved Public Parking lots, Hardscapes 8. Los Angeles Avenue at Millard Street (CW6): Parkway (s): North side of Los Angeles Avenue between 9,000 s.f. CW6 Millard Street and Spring Road. Sidewalk, vines and planters. 9. Princeton Avenue Parkways (CW7): Parkway (s): East side of Princeton Avenue from the 118 6,500 s.f. CW7 Freeway northerly to Campus Park Drive. Sidewalk and planters. Parkway (s): West side of Princeton Avenue from the 118 Freeway northerly to Amherst Street. Sidewalk and planters. 10. Princeton Avenue Medians (CW7a, 7b): Median (s): Princeton Avenue between the southerly end of 6,500 s.f. CW7a Condor Drive and the 118 Freeway overpass. Median (s): Princeton Avenue between the 118 Freeway CW7b overpass and Campus Park Drive. 11. Campus Park Drive Parkways (CW8): Parkway (s): Southwest side of Campus Park Drive from 9,000 s.f. CW8 Cambridge Street easterly to the commercial center. Sidewalk and planters. Parkway (s): South side of Campus Park Drive from Princeton Avenue easterly to Penn Street. 12. Campus Park Drive Medians (CW8a, 8b): Median (s): Campus Park Drive between Princeton Avenue 22,000 s.f. CW8a and Penn Street. Median (s): Campus Park Drive between Penn Street to CW8b Collins Drive. 13. Campus Park Drive at Collins Drive (CW9): Parkway (s): North side of Campus Park Drive from Collins 13,068 s.f. CW9 westerly to the Flood Control Channel. Sidewalk and planters. Parkway (s): West side of Collins from Benwood Drive southerly to Campus Park Drive. Sidewalk and planters. 14. Los Angeles Ave at Tierra Rejada Road (CW10) Parkways Southside of Los Angeles Avenue from Mira Sol 13,068 s.f. CW10 Drive easterly approximately 600' east of Maureen Lane. Trees, tree wells, sidewalk, planters and vines 15. Spring Road Parkways — North of LA Avenue (CW11): 26,250 s.f. CW11 Parkway (s): West side of Spring Road, from the Railroad tracks southerly to Los Angeles Avenue. Tree wells, sidewalk, vines and planters. Parkway (s): East side of Spring Road between the Railroad tracks and Flinn Avenue. Tree wells, sidewalk. 16. Spring Road Medians — North of LA Avenue (CW11a): Median (s): Spring road south between railroad tracks and 4,356 s.f. CW11a 78 Flinn Avenue. 17. Peach Hill Road Parkway —West of Rolling Knoll Drive 600 s.f. CW12 Parkway with trees and wood mulch 18. Peach Hill Road Parkway—West of Bella Vista Drive 600 s.f. CW Parkway with trees and wood mulch 12a PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 79 LANDSCAPE MAINTENANCE DISTRICT ZONES OF BENEFIT AREAS DESCRIPTION SIZE MAP 1. Zone 1 Pecan Ave: 60,984 s.f. Z1 Parkway (s): East side of Pecan Avenue between Campus Park Drive and Bambi Court. Sidewalk and planters. Parkway (s): North side of Bambi Court between Pecan Avenue and Benwood Drive. Sidewalk and planters. Parkway (s): East side of Benwood Drive between Bambi Court and north Benwood Drive. Sidewalk and planters. Landscape Area: East side of Ventura County Flood Control District channel between the channel fence and adjacent property line fence. 2. Zone 2 Steeple Hill: 143,748 s.f. Z2 Parkway (s) & slope (s): West side of Spring Road, south of Monte Vista Park to approximately 75' south of Christian Barrett Road, including entry planters. Sidewalk,turf, vines and planters. Parkway (s) & slope (s): South side of Christian Barrett Road between Spring Road and Willow Creek Lane. Sidewalk, vines and planters. Parkway (s) & slope (s): North side of Tierra Rejada Road, from the southwest property line of the commercial center westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway (s) & slope (s): South side of Tierra Rejada Road from approximately 75' east of Keisha Drive westerly to Peach Hill Road. Sidewalk, vines, tree wells and planters. Parkway(s) &slope(s): East side of Peach Hill Road from Tierra Rejada Road southerly to Christian Barrett Road. Sidewalk and planters. 3. Zone 3 Buttercreek: 4,356 s.f. Z3 Parkway (s): South side of Peppermill Street. Sidewalk and planters. Parkway (s): South side of Los Angeles Avenue from the east property line west of Buttercreek Road easterly to Mira Sol Drive. Tree wells, sidewalk, vines and planters. 4. Zone 4 Williams Ranch: 21,780 s.f. Z4 Parkway (s): North side of Williams Ranch Road between Granidilla and the SCE easement. Turf, planters and sidewalk. Parkway (s): South side of Williams Ranch Road from the SCE Easement westerly to the west end of Williams Ranch Road. Turf, planters and sidewalk. Parkway (s): SCE barrier landscape area. Planters 5. Zone 5 Pheasant: 191,664 s.f. Z5 Parkway (s) & slope (s): West side of Peach Hill Road between 80 Williams Ranch Road and Tierra Rejada Road. Sidewalk,turf and planters. Parkway (s) & slope (s): North and South side of Tierra Rejada Road between Peach Hill Road and the SCE easement, including the entry statements at Pheasant Run Street. Sidewalk and planters. 6. Zone 6 Ingelwood St.: 1,500 s.f. Z6 Parkway (s): West end of Inglewood Street 7. Zone 7 L.A. Ave & Gabbert: 35,000 s.f. Z7 Parkway (s): North side of Los Angeles Avenue from Gabbert Road easterly to the property line east of Shasta Avenue. Turf, sidewalk and planters. 8. Zone 8 Home Acres Buffer: 60,984 s.f. Z8 The fenced landscaped area at the west end of Shadyridge Drive Turf, sidewalk and planters. 9. Zone 9 Condor: Parkway and planter at the southwest corner of Condor Drive and 17,424 s.f. Z9 Princeton Avenue. 10. Zone 10 Mountain Meadows PC3: 740,520 s.f. Z10 The landscape area adjacent to both sides of the Peach Hill Wash channel, which extends easterly from Country Trail Park, to the shopping center property line. Planters. Natural areas. The narrow landscaped strip located north of Arroyo West School. Sidewalk and planters. The Peach Hill Wash slope and landscape areas located east of Country Hill Road on the north side of the channel, including the slope and landscape areas behind the adjacent shopping center at Tierra Rejada Road and Mountain Trail. Sidewalk, natural areas, turf and planters. The slope area located south of the VCFCD channel, west of Mountain Trail Street, behind the houses fronting Shadyridge Drive, including the north slope area adjacent to Mountain Trail Street. Planters and natural areas. Parkway (s) and slope (s): North and south side of Tierra Rejada Road between the flood control channel bridge and Countrywood Drive, including the entry statements at Countrywood Drive. Sidwalk, turf and planters. Parkway(s) and slope (s): Southwest side of Tierra Rejada Road between Countrywood Drive and the Vons Shopping Center. Sidewalk and planters Parkway (s) and slope (s): North side of Tierra Rejada Road between Mountain Trail Street and the SCE easement. Parkway (s) and slope (s): South side of Tierra Rejada Road between Mountain Meadow Drive and the SCE easement. 11. Zone 11 Alyssas Ct: 1,800 s.f. Z11 Landscaped parkway at the northeast and southeast corners of 81 Pecan Avenue and Alyssas Court. Turf and sidewalk. 12. Zone 14 Silver Oak: 13,068 s.f. Z14 Parkway (s): North side of Peach Hill Road from Rolling Knoll Drive easterly to property line. Sidewalk and planters. Parkway (s): East and west side of Rolling Knoll Drive from Peach Hill Road northerly to property line. Sidewalk and planters. 13. Zone 16 Mountain View: 17,424 s.f. Z16 Parkway (s): West side of Gisler Road from Poindexter Avenue southerly to Olympus Street. Sidewalk, vines and planters. Parkway (s): West side of Fuji Street and West side of Reyes Street at property line. Sidewalk, vines and planters. Parkway (s): South side of Poindexter Avenue between Gisler Road and westerly property line. Sidewalk, tree wells, vines and turf 14. Zone 18 Moonsong: 21,780 s.f. Z18 Parkway (s): North side of Los Angeles Avenue between Flory Street and Millard Street. Sidewalk, turf, vines and planters. Parkway (s) & basin (s): East side of Flory Street from Los Angeles Avenue to northerly property line. Sidewalk, vines and planters. 15. *Zone 21 Shea Canterbury & Ivy Lane: 8,712sgft Z21 Parkway, planters, vines and sidewalks: South side of Los Angeles Ave; east and west sides of Millard St. East and west sides of Edenbridge Rd Western perimeter Parkway planter Millard St. PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 82 LANDSCAPE MAINTENANCE DISTRICTS MISCELLANEOUS PROPERTIES DESCRIPTION SIZE MAP 1. 310 High Street— Metrolink Station: M1 278,784 s.f. Paved north parking lot and south parking lot, Metrolink Station and walkways, pedestrian access park south of the railroad tracks between Moorpark Avenue and the Metrolink parking lot, all landscape planters, access drive and the High Street and Moorpark Ave landscape frontage. 2. 661 Moorpark Avenue: M2 City-owned vacant property. Landscape areas and parkway east 11,185 s.f. of the property fence and between the north and south property line. 3. 18 High Street: M3 SA owned office property. Landscape frontage on High Street 15,700 s,f. and Moorpark Avenue, south property line fence, parking lot and planters. 4. 33 High Street: M4 SA owned office property. Landscape frontage on High Street, 1,500 s,f. parking lot and planters. 5. 627 Fitch Avenue– Moorpark Public Services Facility 55,000 s.f. M5 Landscape areas and parking lot 6. 699 Moorpark Ave - Moorpark Library: M6 Landscape areas and parking lot. 37,000 s.f. 7. 799 Moorpark Avenue — Moorpark Civic Center: M7 All landscaped areas at the Civic Center Complex (City Hall, 113,256s.f. Office (s), Annex (s), Community Center, Parking Lots) Does not include the Community Center Park. 8. Public Parking Lot: 43,560 s.f. M8 Paved parking lot and landscape areas on the south/west corner of High Street and Moorpark Avenue. 9. 612 Spring Road–Ruben Castro Human Services Center 108,900 s.f. M9 Landscape areas and parking lot 10. 31 Poindexter Ave (City Facility 10,000 s.f. M10 Parking lot, Trees and Shrubs 11. Bus Shelters: 21 total Empty trash receptacles at 21 bus stops once a week. Attached PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. 83 APPENDIX D CITY OF MOORPARK CONTRACTOR'S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS Contractor: Date: Site Name: Location: Proposed date(s)of application: Number of acres/area to be treated: Type of equipment to be used: Target pest(s): Chemical Registration No.: Chemical Name: Dilution Rate: per gallon Chemical Total: Fumigant Name: Tablet Size: oz.Total Tablets: Fumigation Management Plan Completed and a copy to the City: Yes: No: Ingredient(s): Antidote: Active: Inert: Environmental: Re-entry after spraying: (Hours/Minutes) Notes: Criteria/Reason/Notifications: North Identify Location of Adjacent Schools, Dwellings, Etc. East(Treatment Area)West South Applicator(s) Name(s): (Print Name) License No.: Submitted By: Date: 84 APPENDIX E CITY OF MOORPARK CONTRACTOR WEEKLY INSPECTION REPORT Contractor: Date: to Location: 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. Irrigation 1 Sprinkler system operating correctly 2 Irrigation heads operating correctly 3 Damaged to irrigation components 4 Excessive wet areas, run-off, over- spray Areas 5 Dry, brown or dead areas 6 Irrigation controller time and water days correct 7 Controller& backflow working correctly. 8 Controller adjusted for inclement weather 85 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 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. Trash and Recycling Receptacles 1 Emptied 50%full or weekly 2 Cleaned J Trails 1 Trail ruts filled in, hazards removed and trash and debris removed 2 Weeds removed from trail 3 Irrigation Checked 4 Trees, shrubs ground cover K TRAFFIC CONTROL 1 Required traffic control devices in- place 2 Encroachment permit at site and posted in vehicle 86 Letter and Description of Deficiency Recorded Date Date Number Identified Corrected 87 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 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 88 Water Budget %: Station Run Times: 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 _, Station Date Date Description of Deficiency Recorded Number Identified Corrected Notes: Inspector(signature): Inspector(printed name): Affix additional sheets as required. 89 APPENDIX G LANDSCAPE MAINTENANCE DISTRICTS CITYWIDE ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES AREAS TO BE MAINTAINED (AREA DIAGRAMS) 90 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 1 , 2 & 10) SO --IE'E, -A, IFIL P GO�nBP,R DR II POiNpEXTER o ) ._c . . DE l G410 _ _ U 73 CO 'ALO1AR it z ¢ °' •A.SEN 'CT >. SI •/HERTZ AV ¢ 0 >- ¢ L7c Y +1 W CW10 r C[ 1/1 ., LAGER= _a • AV v) ; vCW10 - J: .. = ,DISCOnRY CT Q _ .. J C _VEREST AV LOS ANGELES AV 2 , y —,, ' /// 7 •-,i ....%� i /X % / %/ a, H TYGLEN9iiCT jLt J ` / _ OPPYGLEN0 LEGEND: WILDFLOWER5T kr; ' _ ' _ / •, , . g Z �j ZONE IDE ASSESSMENT CORALBERRY T COT ii. % � z U .. O, Z I / Z ce W uy, %; /313 CITYWIDE ZONE ILLOWOOD i o ja c DESIGNATION NUMBER HAR ER ST .--). ATTER CREEK,________________)R V ROADESMT z tii CW2 .: ADO T In 2' m w p �. CC N . j F. 1014 nciZ 7 <?. \ Gi e---,,,,, City of 91400park NORTH , iv, i 799 MOORPARK AVE NORTH "e-,------;,-, MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9, 2011 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 2a, 2b, 2c, 3a, & F) -••=mim ..________,.......,...... IF.,.___,. LEGEND: ( )r - - Ij; a z mo 1 CITYWIDE MEDIAN 1111P �' - u) 2 PESIN-_'.'_AV -1 CITYWIDE ASSESSMENT ' F- ''RVESTERST ZONE . 6 0 :a OM - TYWIDE ZONE . „y ,,,,1„, DESIGNATION NUMBER x 0 0 II m O •L Z TR iiIU • D "' rn = Cl. tyOD :• g ---G')'144'";:;;;.:;:'"''-1; .49 ei I's% a /.1....---C) ALN R�. �,��app' "''1,. + = ��� ST J w •0 • • I� SD�NYGIEN�k`•` eP �J NGLO`�_� • R.•LESTA :R fl • iliVI • rCW2b �, •"sr W w ti p 11 E QUAIL 5( - O ...__. w SP -:•� J ` _"' z<0,,_0 J`� - `_.,,6NEYBE. ST v • RING D-\,��/41.3 //( ';• -i 0 O=p 0 E INGLEWOOD ST V , AL.,Q ' I s/, z -,O SO—' d . .. _ 1� ''' •••'::=..L.-11/4.a \! •, Cil • � 7I�OL�� c�,^-Z C1 � w p ill~0 E g niVE'GROVE `// • i- , - � nNEYBROJ ,��� f �>"`.tya .+' I► ' a r.,�.��!��Lt: O , o a is • / -�VF o \ LLIAMs RANCH RU WILL•MS RANCH RD . , \ i* j0 !1- ;' „ ¢ ¢ �� UMMl. S H ILVERCREEK ST •LT Y : $ 1i ) f HER sr I �=�.— ALNU RYGR• -•, ''6yh- A 1 � , rill \ AL■ RBRO.• ^ rGR�'e Rp�.II �� _ _ y�•_ •�. ��NTAIN S7 � KRD o �� 4<- •, MEADOW D: pt`' Jl �d�� Th......... ST ��Cr� _ , , 4, U�> �r WINT�% O . THOMASVILLE CT IL VER CRSS ,,• O -co .+ O `rsr m� x C Eli Oj, • 5'T ti ;An,1D"- Y SLOP Z 00 SUNNY 11111) 0 City of IVloopark NORTH /— 41_. . 799 MOORPARK AVE NORTH _ MOORPARK CA, 93021 SCALE N.T.S. • DATE MARCH 9, 2011 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 2c, 2d & 4, 4a, 4b) Illl�„ - - c m p err ti) -1 13 E CW4 0 ° -_ LK z z N G W )IN- S a a CW4 rA :ON ti z o O - Z ,, e ' Z „( iii .-r o 0p . mi- ` � .t.',3. ESTERFIELC O ,// 0' F/. 1449\ � foo lI ��' i ��� m 9F — —^IDR�// /��/ \ v A It; p\:--$::::\rl�— \'''Vii. o \ 4 Yv . 1.,<.' P d'cr 4.114 q ••`�m ?El-��QST �rzl l �_ R'. u.iRpN Y 1 CI CW2d I coo':c+V Nv6RooK�N yS{ '�ilcR .' soN P� :j . A .!:.Mr ‹.< (Mk' !... .c),-, ,, \ I o • r ::t r'cl -'1 C(cf‘j \ - I , ---- a NINTe��', p - ILLE CT - �7• wISOMRD LEGEND: BUNNY-' SLOP PL AMA . ——• CITYWIDE MEDIAN fff� CITYWIDE ASSESSMENT ZONE IIIP CITYWIDE ZONE DESIGNATION NUMBER %City of Moopark NORTH \ �T I ER 799 MOORPARK AVE MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 5, 6, 11 , 11a) O y_ IE _ a' t c-V, C �� 5 I- CHARLES ST 2 co • 0 r III .� //% /%'./%z %/// //////////////////I. %///////////////,%///////////////////////// „� A )EXTER AV DOROTHY AV 1ST ST rr 1 % j _ V Q ALLEY RUTH AV / } coZ w 2ND ST 0 2ND ST %jai r� ELINN AV /— u ALLEY v ` _ U _ARAN AV j � � Z )ALLEYS ? 3RD ST / \ V CW 11 1 (SUSAN AV >- ALLEY I- ROBERTS AV ROBERT.S.:,//' a QESTHER AV J �looNSONG CT SHERMAN AV �\ J r - L LL., fi�r// LLJ I— F- J CW6 Z 0 LEGEND: T�OTT' T ulE2 . - - . CITYWIDE MEDIAN 0 ESS T O z d7 rc FOLKr C z / CITYWIDE ASSESSMENT Z �jA ZONE -7 T ) RIDONr 1- - v' -, MAJESTIC CT r g Cl—DE ZONE C `r DESIGN T ON NUM: ., \ y SO TF is . City of Ulrtoopark NORTH I yam__- NORTH? !f��__,:� 799 MOORPARK AVE '''-•;.„: MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 7, 7a, 7b, 8, 8a) >- a_ al PMgR1� i ARY Q F- O9' 1 AYL• iv-1' / -O j --� CW8 �'... i JJ CW8 FST \9'* ... ...� o ._ . , oz.oillib, tc\ TMoUTN , J o i4lf 'OAS O e I,, m I I_1S T % jw.T/4 ,! � X 0 jW ua - j Y z (.0 EI 'f1C Z MI EWES ""••i ��j CAMP. S IPAI iHARTFORD ST — aIM� , . CW71111 illi HWY 1 •. ■•- •- LEGEND: . .. . CITYWIDE MEDIAN T ZONE IDE ASSESSMENT ,G, Z 40 o ����O zo CW# CITYWIDE DESIG ON NUMaER- ---: City of�l�loopark NORTH 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9, 2011 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT CITYWIDE ASSESSMENT ZONE (CW 8b, 9) ,,,c ALA.00;000.0..u- w (111-1 J� LEGEND: -IN• CITYWIDE MEDIAN ii ZONE r � CITYWIDE ASSESSMENT ��/ CITYWIDE ZONE DESIGNATION NUMBER i':,� CW9 I IrlirLJ • �. A ,, ' C T CW9 r CW8• O • SDR .mm. z BENOO t \_____, 1 rriL J W / I LL I,.._CAMIbUS PARI�AMBMS PARK 1ST 0 ,,, YC co C4'PUS '_ IPA•; :i1IPU , PA : +A . _ c/ C up Z z ,, 4 -Ni U' O a z s a MR0 ct w � U• to -41„- S • ...,____._____j_,) a. -I 0 < 0 CAMPsJS ❑PARK I"i'1ST 441%1,, Cityo glMloo ar NORTH I kit 4' 7MOORPARK AVE NORTH MOORPARK CA, 93021 SCALE N.T.S. DATE MARCH 9, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 1 & 11 ) LEGEND: ZONE OF BENEFIT MEDIAN ISLAND ZONE OF BENEFIT 1.1,1110 VLL- ZONE OF BENEFIT 0 ASSESSMENT NUMBER o _ CT cn o % % 1-- J 0 of o IDR } BENOOD Z 0 i CC Vr -AMBI CT > , ,; :„.Ilk CAMPUS PARK DRIVE / Is , a, 411 ..., -<-1ST 0 K III co or) 44. 2 0 4, U) 0 IL / CL 0 I : L'mA - - S _ S .,, U v City of /loopark NORTH 799 MOORPARK AVE NORTH ``' MOORPARK CA,93021 SCALE N.T.S. TATE MARCH 10, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 2 & 14) --ilD .. RFiE D O, U V.)Air =" , . . A ._.------r --- , - i-11 ii;It I '4 ‘.7-: :,./ '. ' /- J y r I ' a7.71 ,, :Ai li ,.... �1 BAER. J . o L.1iLL:' e1 ` IYU, TRD • L a: < z 3E 'LI � ZONE OF BENEFIT ► u•. MEDIAN ISLAND � ff x ZONE OF BENEFIT ,Hey Ro'T D� •. ,___ C ZONE OF BENEFIT J 3 ] ASSESSMENT NU ,= R ,...,a _ C A \ D il OWO C.'Pk. J )1i 7 .\\i s �0 Ov 1 K�N O g GRO). ..., Q ":. --104Z4.44 CO/40 Le ‘ 0 ri / o.7:ei ,,i • 01014 ' 2 \ .1 Y ,..,.....A. .- . i!....00,11)", . raL 5 /ii / coT/i .„, . __3 ,� / o2 �' ':.���� � j „ �i WINT .� __ 0o ; H / '�/ es � i// i/ / / VILLE CT Joy 4 ► ' i / ." S /,/ / / ii• % '__ • ,, • E / / / iiii�iiDiSi. 'I . °°//////// ii//i/ KE1SHA D 'O, / � / �-. City of�loopark NORIA %� 'ice +AI 799 MOORPARK AVE ,RJ • _ MOORPARK CA,93021 SCALE N.T.S. TATE MARCH 10, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 3 & 7) ___ DEXTER17), �,a c`- ?OmN o1 i_ c„3 U 0) - N `LEGEND: Z Z7 ZONE OF BENEFIT > , SSEN IL' T MEDIAN ISLAND `�Lu , ZONE OF BENEFIT w r ;L -I � LL Z# ZONE OF BENEFITO ' AGER �� AV ASSESSMENT NUMBER b _ •ISCO RY CT c =VE u LOS ANGELES AV • %�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiaiiiiiiiiiiiiiiiiii ��i7///////////// �� , ////////////// .1 .i� 7-,„___;\ r INc .1 F T 111w , '•OP"YGLE C` WILDF •WE• TL .. C w` ^ / •1- , , , z CI a 2 Z7 •° CORALBER' T X w a Lr �� 2.OT2 -- TALILJ RD c z Z 1 w Z D Z ILLOWOOD ZL_ORET : P: Q in w Q J TER CREEK ' j 1- HARVESTER ST - H (- 1-'U 1 �— a . ESS i z •' _ ,, ,-ADow -:' T 5� Ilk z • c, "-w,' U 1' Lu 0 U N tY (..11 % \rn.19.1 ( '. 0 r m w 51 -} \\ z 0 City of.vloopark NINTH /— 799 MOORPARK AVE NORTH '''.1',,---,--:' MOORPARK CA, 93021 SCALE N.T.S. DATE MARCH 10, 2011 city of I7vloopar& LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONES 4, 5, 6 & 10) ::-Li( %� Y gLN�TCP o �,�� PpO� MSI Jt____) . .f� RF • •' lec; SVNN� Fk��� ICn`'I�. ' O ' IN: ST • WESTGA ERD GLFND`. : `. � fZi6L�� RDA S • R•'LEST 1111 .77 la 0 LLI in ' /1, 2 1:1 . ,_ 1 >_ , . d Tz u) pr. .., F.,\,... ` �O A ,i . 1 :ERM : sA:T --1 o op= z ,noE INGLEWOOD ST s, AL•.N .- �I z w Ill 2 k14. _ 7.44.4(i:/ ��/ U Z 10 \\. ,\V $.1 ( • Q S� 0 ell L• 4 V'IP =." ii q Z•'i ! i ` / • w • 8 m r co ce 46 zci 7 % / ... ry , 'i` %; " Jilof, S at Zz `as'ii4 F'''''' Al ,: ; ; i . 16— r. II = / G VE / � / _ , .,,, ,:• .. . , / / / WIL i i 'ktCH RDO• jAA• i ON.4.� SO 1\e"... .. .. ,- � � fSIjrk , �e �/// / U MMSQ O .T ; nQ 0 / CRYSTAL j • 1"011= • Z4 .., 111 UJ 0 CC _ei1 MEM.... II A • yLDERGR VE y iii ///il " I Y -21US IEW MESA jai; (RRYG i�7 /i,/ / /iiiii��: /: • AL GRID s• tr,i, S7 //////i j// ///////////////////i %////////////////////////////// �r":"///////////////////// ��5 Ur CREAK R�F--. � RCl;��i���������ii�_/aia/aiiT:4:4,..Lii,r,ic),141,0../iaiiiiaiai�iriii_ Aanimr/ ii�iiiariiriiaiiaii7 �� WINTc "'' �4 Pit „ •MASVILLE C -- 4 J.L.4.4 r , O ° Q O _... 0 ' Q7� 2 \'' S Z1 0 CAMDEN Y CT LEGEND: ----- ------ - - ZONE OF BENEFIT MEDIAN ISLAND f/ ZONE OF BENEFIT 0 ZONE OF BENEFIT ASSESSMENT NUMBER - `1 City of 14'Loopark NRRTI %\ I4 ; �.,799 MOORPARK AVE OBJ / MOORPARK CA,93021 SCALE N.T.S. RATE MARCH 10. 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 8 & 10) I o 4 Lc NILLOWOOD g w ?A Det LEGEND: HARVESTER ST ' �� Rt�TTER C�< cK R — — — ZONE OF BENEFIT 3 L MEDIAN ISLAND z ■i - 1 ff ZONE OF BENEFIT .. ADO,f -CTK .I / :.~ _ _. ZONE OF BENEFIT0 i Q1� //// ' ASSESSMENT NUMBER i, Z10 M N O o C n _1 .,) .:9-- /•/ Z 10 L ' .- ,.. ..... Z1 0 p ♦ . •• Z10a ...ii.'":4*-- •: .: . . L - n e •'- '' COMMERCIAL ///////////////%.6;;:;7 i � \A - ` ENTER /////` ci�i `*1% (�`� /„ i%'/' rovT p0 w Q- j f�� P RIVE' G f- 1 N� 2 ti� //� ���11I 0 ONEYBROOK C • 'G Hi, if? P /// I�1 rt.' oN / :\ \ /i / ARROYO - :� BBLIN -� __- /.;/i, �//, v////����������/,/ SCHOOL '' `s_ ', 1,�•. �,�r�+ � 4, r_......----"" Z .-YBROOK )ko_ j J� COUNTRYtr • :....„),,,,,,1\.........H%. 1 0Y �` TRAIL PARK ,/. g�N• ,.r= ���i- •�� r , 1:P, ALrER NOTC BROOD,,�� � GFCT � ', • M•�N7AIN MEADOW ` ST �,�5 § / q- w _IrGE CT • •,,,..- D, �'� • Z1 O FLOWE'f1::- C \ �� r Z8 GN�, \N ��F SAVER CREST ST o O� I 6° City of.Vloopark NORTN t 799 MOORPARK AVE NORTH ,,- MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 10, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 9) . "ADA,si, -(3 \________-----).:------/ 4 0, . _I iz Y S Z . • TN . .mai'17 u., . ' - 0 o ii tu O x EWE vvHARTFORD ST crillill."--t N 118 r J•. ••!.., er . Z9 z O U Z _, Cr 4 7 ___ , i _ 11ii, ( z I _� LEGEND: — — ZONE OF BENEFIT MEDIAN ISLAND j/ ZONE OF BENEFIT Z# ZONE OF BENEFIT ASSESSMENT NUMBER 1 \ ,10, WHITES E RQ �� AG i • "�"r',, City of Ui4toopark NORTH b` NORTH `i0 799 MOORPARK AVE . -.-.3,•-•, 4MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 10, 2011 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 16, 18 & 21 ) SOUTHERN PACIFIC , ' IINH++tIII►NIH!IHLIIIffl±H►11111 I"!�IH HHtiIIIfi��� .,,.,, `�'"±"„���,�,�,I,""'"'" �4L" ""'!III111111111111I►►►N►N►IIIII►FH111111111111 IH111111►►IH►INTI►I►►I►►I►11111111111H1111111111 POINTE - AVFNI IE -----j //: Z16 POINDEXTE IABLO Ar AI r LEGEND: DE LI 1111§ Z16 ' _ _ _ ZONE j ,� MED AON ISLAND IT > % Iff/ ZONE OF BENEFIT F- PATO BAR) F U I rz 0. Z16 I— _ Z# ZONE OF BENEFIT LL ASSESSMENT NUMBER Z EN CT / 0 O ISI • M!-'tf.1; ST I' a - -- -.0 > A ( ESTHER AV J i) Z18 X Id } c I • w O• SONG C _: R AN 'M < Q '�� iiii.liririiii Mt S I• G E L E S AV LOS ANGEL-S AVENUE 7 ,iii ' zr- .....„0 , z � � � ZONE OF BEZIT i PITO CT 1- LU MEDIAN ISLAM (4] O4:7 ZONE OF BEaFIT , '1i - FOLKCT 2 aCO ZONE OF BENEFIT LU , Z#ASSESSMENT NUMBER i '5 RIDONCT - -' MAJESTIC CT "='� City of 9goopark NUTS 0 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. SATE MARCH 10, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS MISCELLANEOUS PROPERTIES ., • LEGEND: 0 cc cr a LL0 y, / / PROPERTY MISCELLANEOUS L u m MISCELLANEOUS PROPERTY NUMBER :. 4ERETT M4 �qGI S BONNI �- l ���C' M6Al ‘1111 12 2B•,' VI f 'D-1 n: :..' 0/< .. �. . • fj 4"HA' ., m ^: ii , ,,, _ :. „ ,,, M8 Aw, / a RAILROAD TRACKS /fr II \ PSI D T RA./' � rDOR* HYAV .r 7 —.1: ST ST -) a _='/ I YN_ ,,// > ., ” a �u ST '' 0 ' ALLEY C M 10a .lift' - FLINN AV Z 0 / i, i • ALLEY Z • Q ROBE' -•: R`} . O L • - a Q b• _ ESTHER AV _} a. r —_F\ C oNsoNc CT SHERMAN AV •„J T J z D C_ TOT - -L-1 E n � PARK-CREST LN cc ---- O . NO FOLKCl.. a 2- 2, a 1-) -4 TI ^ n JAAJFSTIC CT , , 1 SOUTHFOR -RC fir; City of 1Vloopark NORTI 799 MOORPARK AVE NORTH ll __5'~ MOORPARK CA,93021 SCALE N.T.S. RATE JULY 25, 2017 i LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS CITY BUS SHELTERS 611I17 411111r., S' `� � �:�n�wc Access Rogo s. �� rvYaN WREa.Or: �/ �+ pQQ .1 � 1 LEGEND: 1 CITY BUS SHELTER . '''4a, _,,,in. \_,ERE"ST •C. 1 1:1111111 141‘1.11I ' D�X,�ER PV 4 I 11 (111 � ,ISI i: '. .1� �_�.:,� Ar.-- -7.: . ill pc N� ,l I ._11 II "` _. SEN- L���ST A A'v I!�RNA 1 I/Iinimm �I z 1.1 • .. i: .isimmiliimir I3n= .4PIc E'F _ =�i.�.�.vcti3�w�1ri:i..1•�=,:���� ��. r ���g D ----- 1=_____� l L,,_JiJ 11 ' III [� 11 I VILLA PESINAA. • �'iACCESS ROAD ESMT ` , ILj , 1� ) Jam. ydr �1 07 m i7, _�T ao3K 1� ~r ^= Ci 2 UE.` 8 • ��. z J rE 2: ',i0D .. I. .-- Irc '------: .E x Ya o w 2 —J f- r I v Lia --�((nL 17 e /\ :,. 7, -- ---4-\//(7' --- ":'\1"'',"..: ,..--.,a- --71'.j sL71:7T71:17141i ir L 7:77---- ——:. ., , ...,,,,.), ) 8 ,'' '\ I 1: il r: il:.:p i o, 1 B,P` .' ) \ '.,....„ --------.------- 4 .\---) —I,„ ,____H.,.. / JiJ=_111 II I-—is. : '..,,,„. rilT ,N,.ft b: c„, /14 :' ----. .__ •. ' c.';. 7-i'' ''7--. .444 '7/''/' -cc----------3‘1'C' 4, ////%� ^�� ..':K ��`<'� .\ ,-- C — MS FA• YF.-CII�II �� \ 1 ///-���` ' �1-IitALL‘ )/ �l �' 1�, RCREEK ST zA� _ .YBRoo`-/ .; f , City of 7v1 oopark NORTI ,„,,...,..\747 r I 799 MOORPARK AVE NORTH 0" MOORPARK CA,93021 SCALE N.T.S. RATE MARCH 9, 2011 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS CITY BUS SHELTERS a ¢p h=1 ` ,, RYMO ..--- -• . U 0 sN w )•-• • : cooaT O`uri BEOOD 'DR ...--: ct 1 .- �� `0 � 4 >O O �j 1.....,,,..,,LBA.2,1,-.„, w j• 4 (...../....... % i / U o nON''' CAM'US P !CAP.,E. ''// .Q VZ / / ' UQ •• pA' crin]. d O,. Y . Y u4 • > cn ,x Q • T a U `� CAMPS PARKST i f "..11 HARTFORD ST i • I. WY 118 — �� H iv rimin ii. ,.. ..s. ____, I} PG\FSG O LigSOU AS.0 . P U • Z • jQ 1� iv/ o LEGEND: U•� " j CITY BUS SHELTER z 1 , City of.UVtoopark NORTH � `4'7 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 9, 2011 Exhibit D F:4-4 171 c,,�;ti ".....')\ CITY OF MOORPARK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES LMD ZONES 12, 15, 20 City of Moorpark 799 Moorpark Avenue Moorpark, California August 1, 2017 City of Moorpark CONTACT: ALLEN M. WALTER Landscape/Parks Maintenance Superintendent 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6385 1 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL FORM 10 BID SCHEDULE 11 BIDDER'S INFORMATION 14 CONTRACTOR'S REFERENCES 16 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 19 NON-COLLUSION DECLARATION 20 EQUAL OPPORTUNITY CERTIFICATE 21 AGREEMENT TO COMPLY WITH. LABOR LAW 22 PERFORMANCE BOND 23 SAMPLE AGREEMENT 25 APPENDIX A- CONTRACTOR'S PERFORMANCE REQUIREMENTS 42 APPENDIX B - SCOPE OF WORK 53 APPENDIX C -AREAS TO BE MAINTAINED 71 APPENDIX D - INTENT TO SPRAY 74 APPENDIX E - CONTRACTOR'S WEEKLY INSPECTION REPORT 75 APPENDIX F - CONTRACTOR'S WEEKLY IRRIGATION REPORT 78 APPENDIX G -AREA DIAGRAMS 80 2 CITY OF MOORPARK NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS AND MISCELLANEOUS CITY PROPERTIES PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark("City"), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 10:00 a.m. on the 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 landscaped parkways, medians, slopes 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 9:00 a.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 on Wednesday. August 16, 2017, between 10:00 a.m. and 12:00 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 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. 3 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. 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 11:00 a.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, "LANDSCAPE LIGHTING AND ASSESSMENT DISTRICTS - 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 a 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 Ventura County Contractor's Association www.moorparkca.gov 1830 Lockwood Street, Suite 110 Oxnard, CA 93036 FW Dodge 1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com 4 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS AND SUBMITTAL The City is soliciting cost proposals for the maintenance of City landscaped parkways, medians, trails, slopes, and miscellaneous City properties. Three separate bid package have been advertised for three separate LLAD areas. At the City's sole discretion, it may award contracts based on the lowest qualified bidder for each LLAD area , one contract for all areas, or a combination of contracts based on the overall lowest qualified bidder for a combination of areas. 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 24. SCOPE OF WORK 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 landscape maintenance and related services as more fully described in Appendices, A, B, C, D, E, F, and G to the Contract contained herein. EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED. The bidder shall personally examine the site of the work contemplated, specifications, and Contract Documents before submitting a bid proposal, to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has personally investigated and is satisfied as to the general and local conditions to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the services, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas to be maintained according to this contract. PROPOSAL GUARANTEE Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance, and bonds as identified in this Request for Proposal and 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 5 intent to award the bid or within fourteen (14) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within fourteen (14) days after the bid has been awarded. The bond shall be duly executed by a surety admitted to do business in the State of California.All bid bonds or substitutes thereof will be returned upon timely execution of the contract and the filing of satisfactory insurance certifications and bonds by successful bidder. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS - Landscape Maintenance Proposal" -- DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the bid must be clearly labeled with the bid title, name of bidder, and date and time of bid opening, as stated above. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. 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 6 must be maintained in good standing throughout the term of the contract. If contractor plans to utilize the services of a subcontractor to provide pesticide operations, said subcontractor must be identified in bid proposal on the form provided. This shall include all subcontractors; PCA (Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL(Qualified Applicator License). Failure to possess the specified license shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license and pesticide license with the bid documents. The City shall, before awarding a bid, verify that a contractor was properly licensed when the contractor submitted the bid. In the event of a dispute as to the classification of license required the opinion of the California Contractors' State License Board shall prevail. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the bidder's proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Financial stability and standing of contractor, and proven competency of the bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance with applicable State Law. No award will be made to a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. 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. 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/Prevailing-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 8 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, not including Sunday, after mailing by City of the Notice of Award of Contract. 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 20 10 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. 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 prior written consent of the City, which may be withheld at the City's sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, medical condition, or marital status of such persons. Bidders will comply with all non-discrimination laws. NON-COLLUSION AFFIDAVIT Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and submitted with bid on the form provided in the bid package. 9 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14) days, not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder,this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature Signer's Title 10 BID SCHEDULE ZONES 12, 15, 20 DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 12 Carlsberg (parkways): 400,753 s.f. $ $ Parkway(s): East side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Parkway(s): West side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Hillside(s): West side of Miller Parkway across from Olive Street. East side of Miller Parkway from Stagecoach to Miller Park. East side of Miller Parkway from Shawnee north to the flow basin. East side of Miller Parkway from Patriot Drive north to mid-point between Southfork and Stagecoach (approx. 15' width entire length). Natural areas. Parkway(s): North side of Tierra Rejada Road from Spring Road to the south bound State Route 23 off-ramp. Sidewalk and planters. Hillside(s): North side of Tierra Rejada Road between the 118 Freeway southbound off- ramp easterly to a location approximately 300' east of Miller Parkway. Natural areas. Planter(s): North side of Tierra Rejada Road between Miller Parkway and Spring Road, including the area between the back of sidewalk to v-ditch. Sidewalk, planters and natural area. Parkway(s) and slope(s): East side of Spring Road from Tierra Rejada Road northerly to a point approximately 600' south of Peach Hill Road. Slope landscape area from Tierra Rejada Road northerly approximately 1,000'. Sidewalk, turf, planters and natural areas. 2. Zone 12 Carlsberg (median islands): 130,680 s.f. $ $ Median islands(s): Miller Parkway between Los Angeles Avenue and Peach Hill Road. Median islands (s): Miller Parkway between Peach Hill Road and Tierra Rejada Road 3. Zone 15 Moorpark Country Club 382,270 s.f. $ $ Estates (parkways): Parkway(s), planter(s) & multi-use trail(s): South side of 11 Championship Drive between curb and south side of multi-use trail from Walnut Canyon Road westerly to Grimes Canyon Road. Sidewalk, multi-use trail, turf and planters. Entry statement areas and parkway(s): North and south side of Championship Drive at Walnut Canyon Road and Grimes Canyon Road. Sidewalk, turf and planters. Multi-use trail(s): Decomposed granite multi- use trails from Walnut Canyon Road westerly to Grimes Canyon Road and southerly parallel to Grimes Canyon Road to the staging area. Decomposed granite multi-use trails from Championship Drive southerly approximately 750' to the end of the debris basin. Staging Area: Gravel parking area adjacent to Grimes Canyon Road. 4. Zone 15 Moorpark Country Club 9,770 s.f. $ $ Estates (medians): Median(s): Median islands at Championship Drive and Walnut Canyon Road. Median(s): Median islands at Championship Drive and Grimes Canyon Road. 5. Zone 15 Moorpark Country Club 111,040 s.f. $ $ Estates "Masters" Trail and Detention Basin Trail Championship Drive from Augusta Drive to Grimes Canyon Road (59,602 s.f.) Detention Basin Lot I Championship Drive, east of Augusta Drive. (51,438 s.f.) 6. *Zone 20 Meridian Hills: 1,890,000 s.f. $ $ Parkway(s): West side of Walnut Canyon Road from the southerly property line of Tract 5405 to the end of the VCWPD basin. Planters. Parkway(s): North and south side of Meridian Hills Drive from Walnut Canyon Road to Ridgemark Drive, including the entry statement areas at Walnut Creek Drive. Sidewalk, turf, vines and planters. NPDES Basin(s): Basin and adjacent slopes at the southwest corner of Meridian Hills Drive and Walnut Canyon Road. Planters, vines and natural areas. NPDES Basin(s): Basin and adjacent slopes west of the recreation center. Planters, vines and natural areas. Slope(s) and planter(s): Slope adjacent to 12 the west side of Tract 5405. Slope area at the southerly end of Tract 5405. Slopes adjacent to the west side of the VCWPD basin and adjacent to the west side of the Walnut Creek basin. Slopes and landscape areas adjacent to the project monument southwest of the VCWPD basin. Slope and landscape areas on the north side or Meridian Hills Drive from Walnut Creek Road to the entry at Breezy Glen Drive. Slope and landscape areas adjacent to the north side of Meridian Hills Drive from the Recreation Center to Ridgemark Drive. Slope and landscape areas adjacent to the south side of Meridian Hills Drive from Ridgemark Drive to the easterly property line across from the recreation center. Sidewalk, vines and planters. Multi-use trail(s): Decomposed granite multi- use trails from Ridgemark Drive easterly to the VCWPD basin. Decomposed granite multi-use trails from the VCWPD basin northerly to the southern end of the debris basin adjacent to Championship Drive. 7. *Zone 20 Meridian Hills (medians): 13,068 s.f. $ $ Median island (s): Median Islands from Walnut Canyon Road to Ridgemark Drive. TOTAL ALL ZONES: $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to contractor until such time that these areas are incorporated into this contact. 13 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Type of Firm Individual; Partnership; Corporation Business Address Telephone State Contractor's License No. and Class(es) Original Date Issued Expiration Date Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Expiration Date 2) Expiration Date 3) Expiration Date If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, information related to the subcontractor must be disclosed on Subcontractor Form. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: 14 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,titles, hands, and seals of all forenamed principals this day of , 2017. Bidder Subscribed and sworn to this day of , 2017 NOTARY PUBLIC 15 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization Address Contact Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period (start/end date) Description of landscape services and maintenance program performed 2. Name of Organization Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed 3. Name of Organization 16 Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/Contract Period(start/end date) Description of landscape services and maintenance program performed SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1) 2) 3) 17 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. 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. 18 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: Contractor: By: Title: (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) 19 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 of , 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 Bidder to 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 foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Signature: _ Signature: Printed Name: Printed Name: • This form must be notarized. 20 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 subconfractor(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. Name of Bidding Company Authorized Signature Title Date 21 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 the payment 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, or portion 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($25)for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date Printed Name Company Title 22 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter("City") and (hereinafter "Contractor") have entered into an Agreement dated , 2017, for work identified as " " which Agreement is hereby incorporated into and made a part hereof; and. WHEREAS, said Contractor, is required to furnish a bond in connection with said contract, providing for the faithful performance thereof; NOW, THEREFORE,we, the Contractor, as Principal, and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, as Obligee, in the sum of Dollars ($ ) 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. [Signatures next page] 23 (Corporate Seal) (Principal) Notarial Certificate Attached By (Title) (Corporate Seal) (Surety) Notarial Certificate Attached By (Title) 24 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 various Landscape Maintenance Districts 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 various Landscape Maintenance Districts 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 25 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 , 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. 26 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 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) 27 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 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 28 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. 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 29 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 , 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. 30 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1)year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or 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. 31 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 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 32 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 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. 33 CITY OF MOORPARK By: By: Steven Kueny, City Manager (Name) (Title)_ Attest: Maureen Benson, City Clerk 34 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. 35 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 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 day 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 36 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 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. 37 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 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. 38 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. 39 (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. (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. 40 (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. (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.) 41 APPENIX 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"), with the exception noted in section 2 of Appendix B. No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times or without prior written permission from the City, except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify representative designated by the City (hereinafter referred to as "City Representative") within 24 hours in the event of emergency work. 2. Contractor shall be responsible for any costs incurred by the City including, but not limited employee's hourly rate of One Hundred Five dollars ($105.00) per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee, 3. The Contractor shall have staff available by phone contact (not an answering service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number(not an answering service)for non-working hours, including weekends and holidays. 4. Non-working City holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 5. After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this Agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 6. 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 42 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. 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. 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 City. Quality and specifications of materials to be provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 43 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides including herbicides, insecticides, fungicides and rodenticides and all necessary licenses. 3. All necessary fertilizers and soil amendments. 4. INTENTIONALLY LEFT BLANK 5. All necessary horticultural supplies and landscape tools. 6. All parts necessary for the repair and proper maintenance of all irrigation systems. 7. All materials are to be new and identical to existing materials model and make, 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 negligence. The City shall be responsible for replacing any plant material that has been damaged or destroyed as a result of acts of vandalism and or theft. F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified minimum 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 the City. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material or irrigation system, immediate treatment or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the restriction. Contractor shall also provide a copy of said notification to City Representative prior to commencing such work. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, 44 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 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector 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. 24 hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the"Work Area Traffic Control Handbook"(WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs,' barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each reported /observed violation that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. 45 L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of this Contract that are listed on subcontractor(s) form submitted with the bid documents. All submitted subcontractors shall be licensed and only provide the work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. 3. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines For Construction Sites,"which by reference is a part of Appendix B and is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system • during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N. INSPECTION TOUR, 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. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five(5)business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the 46 allocated time, the Contractor may incur liquidated damages, as more fully described below. 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 accessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. 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 • 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. 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 47 damages or repairs to the irrigation system and any other information requested by the City P. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required service and repairs, pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars($150.00) for each incident at each separate location for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. Q. 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. R. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities 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. S. 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. Maintenance Worker III: $105/hr. 48 City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $315/hr. Park/Landscape Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $158/hr. T. 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 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. U. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at City facilities shall only be allowed with prior written permission 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 the Agreement applies to such storage. V. 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 system, or other improvements observed or found by Contractor's employees, regardless of the cause. a. Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s)or component(s)damaged or stolen, and the number of components involved Report shall be submitted within one (1) business day. 49 2. Costs caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. W. 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 in writing and have his work force available to assist the City with emergency operations as required by the City. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 4. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative in writing. 5. The Contractor shall re-stake and re-tie trees as required, and continue to monitor trees during storm conditions. 6. The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. 7. Contractor shall request controllers and timers be set to the "OFF" position, which shall remain off until demands indicate conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor the landscape to ensure that controllers and timers are activated at the appropriate time. X. CONTRACTOR DISPOSAURECYCLING RESPONSIBILITY: 1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses.All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the City solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract • 50 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 the Contractor. Y. KEY AND KEY CARD ACCESS CONTROL: 1. Contractor shall be responsible for assigned keys and key cards and is responsible for the proper use and safe keeping of all keys and key cards issued to Contractor by the City. 2. Contractor shall be responsible for assigning keys and key cards to Contractor's employees. Contractor shall not assign, lend, or in any other way allow use of keys or key cards to anyone other than Contractor's employees who are performing services under this Agreement. 3. Contractor shall provide to City in writing the names of all individuals who are assigned keys or a key card at the time the assignment is made. If keys or key cards are reassigned by Contractor, Contractor shall immediately provide to City in writing the names of the individuals no longer in possession of keys or key cards and the names of the individuals to whom the keys or key cards are reassigned. 4. Contractor agrees not to duplicate any keys or key cards 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. 5. Contractor shall immediately report all lost or stolen keys or key cards to the City Representative. 6. Upon expiration, cancellation, or termination of this Agreement, all keys and key cards received by the Contractor shall be immediately returned to the City. 7. Contractor shall reimburse the City all costs and expenses as determined by the City for any key, key card, or lock replacements due to Contractor's negligence or willful misconduct. Such costs shall be deducted from any payments due or to become due to Contractor. Costs may include, but are not limited to, replacing padlocks, re-keying door locks, re-programing key card access site(s), staff time, and a fifteen percent (15%) administration fee." 51 Z. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to perform maintenance services according to Contract specifications. AA. 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 shall be notified immediately of any unsafe condition found by the Contractor. 52 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 shall be mowed to the minimum height of 1 %" -2"during fall and winter months, and during the late spring and summer the cut should be no lower than 2" from the soil grade. Mowing heights may vary for special events and conditions approved by the City. 3. Turf shall be mowed weekly, no less than 48 times per year, so that no more than 1/3 of the blade is removed at time of cutting, but at intervals of no less than once a week during the active growing season (April through November). Turf mowing at each location shall be completed in one day, and shall be on a schedule approved in writing by the City Representative. 4. 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 hazardous material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds and re-seed bare areas. Seed shall be identical to the existing turf type. B. EDGING AND TRIMMING: 1. Mechanical type edging includes walkways, sidewalks, driveways, curbs, trees, shrub and groundcover beds, and shall be performed once per week, and concurrently with mowing at each location. 2. Sprinkler heads shall be kept free of grass to allow for proper operation and coverage. This shall be performed by mechanical methods only, unless otherwise specified by City. 3. Edging against hardscape shall be performed in a manner that results in a neat well- defined V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade, and shall not exceed 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 from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each 53 mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Tree damage resulting from Contractor's edging practices shall be replaced by 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 free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6. Edging next to retaining walls and fences shall be done using a power,string type trimmer, and shall be completed in such a manner to avoid excessive string contact to the exterior surface of retaining walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without express 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, and Appendix A, Section M. C. TURF FERTILIZATION: 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative in writing of application date, location, fertilizer formula to be applied and amount applied at each location. 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. Fertilization of turf grasses shall be accomplished at the following intervals with the fertilizer formula described below: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit a written schedule to the City Representative for written approval prior to application. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be done in sections in accordance with the area covered by the timing stations on the automatic irrigation controllers so 54 that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. D. SHRUB AND GROUND COVER FERTILIZATION: 1. 30-days 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. Shrub and ground cover Application rates are as follows: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000 square feet). 2. Contractor shall submit a written fertilizer schedule to the City Representative within 30-day of receipt of an executed agreement. E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS: 1. The Contractor shall be responsible for trimming and weeding weekly, 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. 2. All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning as needed 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. 3. Shrubs, ground covers, bare dirt and mulched areas shall be defined as "planters". 4. Planters shall be cultivated to a depth of (1") and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. 5. 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". Bark mulch shall consist of 100% recycled material and shall be 99%contaminant free, including litter and weed and/or weed seed. Mulch shall have a uniform size range from minus to 3". Contractor shall submit mulch sample to the City Representative for approval prior to installation. 55 6. Weeds, grasses and invasive plant species, as determined by the City Representative, shall be removed from all planter areas weekly, or more frequently if 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. 7. 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. 8. Contractor shall fill holes, knock down and grade gopher mounds and re-install plant material in areas caused by such damage. Plant material shall be identical to the existing groundcover type and reinstalled with flatted plant material or as otherwise directed by City Representative. F. TURF PARKWAYS AND TURF PARKWAY CONVERSION Per the City's Drought Action Plan,which prohibits turf in parkways and irrigation runoff onto public streets, the irrigation system has been capped of all non-essential spray heads in many City parkways and median islands. Contractor shall be responsible to maintain affected turf parkways and medians to City standards by maintaining them free of weeds, debris and edging when necessary. As these parkways and medians are improved and retrofitted with new plant material and low water use irrigation systems, the Contractor shall be responsible for maintenance of the new plant material and irrigation systems per the appropriate section(s) of the Scope of Work. G. MAINTENANCE OF TREES VINES AND SHRUBS: 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees within designated medians, parkways, planters and slopes as provided. Tree care is limited to the removal of sucker growth, spouts, and limbs that obstruct the right of way and/or present a potential hazard, originating from the tree trunk, from the ground to the first eight (8) feet. 2. Maintenance of Trees and Shrubs: Shall be in accordance industry and International Society of Arboriculture(ISA)standards, and the standards and practices acceptable to the City, and any later amendments and consistent with the guidelines furnished below: a. Pruning for removal of dead, damaged or diseased parts. b. Pruning trees for removal of water sprouts and suckers as they develop. c. Pruning for shape and form shall include lifting of low tree branches to prevent hazards. 56 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. Median trees shall have no branches lower than eight(8)feet from top of curb, or as directed by the City Representative to provide proper line-of-sight for traffic movement. f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Trimming shall not be excessive and shall be limited to no more than 10% of the overall size of the plant material, unless otherwise directed by the City Representative. Pruning methods shall provide a natural shape. g. Shrubs shall be maintained at a height no greater than 11/2 feet from top of curb at designated areas to allow for traffic safety, per standard plans. h. Vegetation shall be trimmed back from all utility boxes, controller units, valve boxes, quick couplers, and backflow devices. Vegetation shall not encroach onto sidewalks, curb and gutters, decomposed granite paths, private property, or roadways. Vegetation shall not grow up trees, structures, or walls. Pruning for sight visibility clearance may be required at any time and shall be expedited in order to address potential safety concerns. 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 on an as-needed basis in order to preserve the aesthetic value of the plant material. Aggressive pruning or 'dead heading' to increase plant density and promote plant health shall be performed no less than twice annually or as determined by the City Representative. j. Vines —All clinging vines shall be trimmed close to walls to maintain a neat appearance.Vines shall be trimmed in order to maintain control and to prevent them from creeping over walls. Vines shall be checked and secured with appropriate ties as necessary. When necessary, appropriate stakes and/or supports shall be utilized to promote directional growth. The height of vines shall be maintained per City direction, typically within six (6) inches of the top of the wall. Vines shall not be allowed to encroach onto trees. 3. TREE TRIMMING: a. Trimming and pruning shall be performed per the standards of the International Society of Arboriculture(ISA). It is the Contractor's sole responsibility to obtain and practice these pruning standards on all tree work performed. The Contractor agrees to accept all responsibility for the replacement of trees damaged by Contractor's pruning operations, if so determined by the City that 57 replacement is required. b. Where necessary, as determined by the City Representative, Contractor shall provide and post no parking signs 48 hours in advance of the work, except when emergency work is necessary. 4. Tree/Shrub Replacement: 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. 5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. • b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace as needed. H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION: 1. Scope: All work involving the transport and use of pesticides, herbicides, rodenticides and insecticides shall be in compliance with all Federal, State, County and local laws. The Contractor shall possess all valid State and County licenses and permits required for pesticide, herbicide, rodenticide and insecticide transport and application operations. Pesticide applicators (persons) assigned by the Contractor to perform pesticide operations shall have a valid license issued by the State of California Department of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State certification for categories specific to each pesticide for recommendation or use. Contractor shall be in strict compliance with all pesticide directives and laws governed 58 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 a valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Intent to Spray Application: Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix F ) prior to the application of any pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s). All applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a. The exact location(s) where the pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s) is to be used, with the identification of the Insect (s), weed (s) and/or rodent (s) to be controlled. b. That the pesticide(s), herbicide (s), rodenticides(s) and/or insecticide(s) shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 3. Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Chemical weed control in shrub and groundcover planting areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with 'non-restricted' commercial herbicide (s), as governed by the County of Ventura Agricultural Commissioner's Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (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 is to be used, with the identification of the weed to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. 59 c. That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4. Disease, Harmful Insects: a. Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s)where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 5. Rodent Control: a. The Contractor's Pest Control Advisor's(PCA) recommendations shall provide specific names of the specific vertebrate specie(s)expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA Recommendation, and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 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. 60 c. Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. 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. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural 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 and pesticide, herbicide, rodenticide and insecticide at any time and for any reason of justification as determined by the City Representative. 61 J. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM: 1. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic sprinkler system components, with the exception of backflow protection devices. Contractor shall repair and/or replace as needed any irrigation system components, to insure optimal operation of the irrigation system. All irrigation systems shall perform according to the original design and installation intent. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written 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 it sole cost, listed in the succeeding paragraphs in addition to the following: * Irrigation Controllers (exception necessary replacement) * Plastic pipe * Remote control valves * Remote control valve wiring *Valve boxes 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 model, make and manufacturer 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. 62 5. At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacement(s). 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to insure the quality of backfill and compaction. 7. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones (as directed by the City). 8. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, and recreation use areas. Special attention shall be given to the relationship of conditions that affect day and night watering. 9. Contractor shall prevent water from over-spraying onto walls,walkways, streets and private property. For this purpose, the Contractor shall provide the necessary repair, replacement, and component adjustment as required of all sprinkler heads, nozzles, swing joints and pipe risers. In cases where irrigation system design features makes this impractical or impossible, the Contractor shall provide, at no cost to the City, a recommended plan of component changes and/or a cost estimate for installation of the changes needed for the purpose of mitigating the undesirable over-spray. 10. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within one (1) hour of detection, shall be immediately reported to the City, and provisions made by Contractor to complete said repair prior to the close of the next regular business day. Additional time may be granted in writing, at the sole discretion of the City Representative. 11. Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. 12. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation. 13. At the request of the City, Contractor shall identify and mark the location of sprinkler heads with provided flags, at no additional cost to City, to assist with improvement projects. 14. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control valve wiring: a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). 63 b. Plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. c. If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 15. 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 hazards, and prevent an unsightly appearance. Contractor shall inspect, repair and maintain all drip irrigation systems as a regular service to the contract. Contractor shall inspect all drip irrigation systems weekly. 16. 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. 17. 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. 18. 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. 19. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation technician, fully trained in all phases of the WeatherTrak irrigation system operation. This is to include, but not limited to, diagnosis and repair of controllers(motors, switches and fuses), valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. 64 The Contractor's irrigation technician shall have a minimum of seven (7) years of experience at the technician level and have WeatherTrak Fourteen (14)days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician's qualifications,for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in 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 and as directed by the City Representative. K. IRRIGATING AREAS: Irrigation is controlled by the City's Central Irrigation Management System. Programming and scheduling of the City's Central Irrigation Management System shall be the responsibility of the City. Contractor shall manually turn on the system to check irrigation coverage and irrigation system components for conformance to this contract as described herein. Contractor shall not make any adjustments to the Central Irrigation System without permission from the City Representative. 1. Watering of Turf, Shrubs and Ground Cover Areas: a. Watering of the turf, shrubs and ground cover areas shall be done pursuant to the City's installed WeatherTrak Central Irrigation Management System, unless otherwise directed by the City Representative. b. Contractor shall be responsible to make all adjustments to sprinkler heads as required to keep over-spray of sprinklers from walls and excessive runoff onto sidewalks, and streets. c. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor shall consider the variation in size of plants, roots, soil, irrigation components and weather conditions when making water determination requirements. Extremely close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. All landscape and turf areas shall be irrigated as 65 required to promote vigorous and healthy plant growth. d. Contractor shall be held responsible for over-watering, which is represented by excessive run-off, over saturation, or high use rates and dry areas or dead plant material caused by the Contractor's negligence to monitor or report to the City Representative Central Irrigation Management System problems or required adjustments shall result in liquidated damages and the cost of water or dead plant material incurred by City. e. Contractor shall be responsible to report new trees, shrubs ground cover and turf (up through the sixth mowing), to the City representative to make or request watering adjustments. . 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Contractor's Irrigation Schedule and Maintenance Report (Appendix F): An Irrigation Schedule and Maintenance Report shall be prepared weekly and submitted to the City Representative monthly. 3. Irrigation Repairs: Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired. 4. Repair Inspection: Irrigation inspections by the City Representative may occur within one working day of notification of services or repair completion. The City Representative will 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. 5. Irrigation Materials: a. All replacement materials are to be identical manufacturer, type and model unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium-to-high usage stock items for repair of the irrigation systems. c. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless directed otherwise approved in writing by the City Representative. 66 6. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation Journeyperson fully trained in the operation of the WeatherTrak Central Irrigation Management System and in all phases of landscape irrigation system operations, maintenance, adjustment and repair. This is to include diagnosis and repair of valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. Contractor shall provide additional irrigation personnel as needed,to provide irrigation repair and maintenance services described herein, in emergency situations and as directed by the City Representative. 7. Irrigation During Inclement Weather: Contractor shall Request irrigation controllers be set to the "OFF" position prior to actual inclement weather conditions and when local weather reports forecast a 40% or greater chance of inclement weather. The Contractor will be responsible to request controllers and timers return to the "ON" position when conditions are appropriate. L. SWALES, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION AND CATCH BASINS): 1. Contractor shall maintain all swales and drains on a weekly basis to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2. Drains and collection boxes shall be inspected weekly, 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. Debris basins, retention basins and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash and tree branches. Contractor shall string trim or mow the bottom of all basins to a maximum height of 3", four (4) times annually. Contractor shall remove all trimmings. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. 5. Contractor shall maintain all tree, shrub and groundcover areas, including accompanying irrigation systems, adjacent to all debris basins, retention basins and detention basins as described herein. M. LITTER CONTROL: 1. Contractor shall on a daily basis provide complete policing and litter pickup to remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and 67 miscellaneous debris. This includes, but is not limited to all hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence lines, between and around planted areas, steps, planters, drains, catch basins, areas on slopes from the toe to the top of slope and turf areas. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City supplied solid waste containers or bins. 3. Litter pickup shall be completed as early in the day as possible, but in no event later than 10:00 a.m. 4. Branches, paper trash and miscellaneous debris shall be removed from along walkways, slopes and basin, as well as submerged debris. . 5. Litter shall be removed from all pedestrian, bike, and hiking trails and three(3)feet on either side of trails adjacent to developed areas and City streets daily, unless otherwise stated. 6. Litter shall be removed from developed irrigated slope areas and undeveloped areas adjacent to developed areas or roadways. 8. Litter picked up on site shall be performed daily and litter placed in City supplied refuse bins and not in public use trash containers. N. TRASH RECEPTACLES AND DOG WASTE STATIONS: 1. Trash,recycling and Mutt Mitt receptacles adjacent to City trails, or other areas, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. Recycle material shall be removed from the liner and placed in appropriate recycling bin. The liner shall be placed in appropriate trash bin. 2. Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as needed and when less than 75% full. City shall provide Mutt Mitt's at City's sole cost. 3. Trash, recycling and Mutt Mitt receptacles shall be cleaned as needed, or as requested by the City, but no less than monthly. O. HARDSCAPE: 1. All hardscapes such as, but not limited to, sidewalks, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints and walls adjacent to City 68 landscapes shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe. 2. The Contractor shall be responsible for weekly sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas. 3. Contractor shall be responsible to remove graffiti that can be removed with an approved solvent. Such removal shall take place within two (2) hours of observance. The City will be responsible for all other graffiti and the Contractor shall be responsible for reporting said graffiti to City immediately upon observance. P. GRAFFITI: 1. On a daily basis, Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and police reporting prior to removal. The Contractor shall be responsible for removing graffiti within two (2) hours of observance that can be removed using a solvent specially formulated for graffiti removal and approved for such use by the City Representative. If graffiti cannot be removed with said solvent, Contractor shall notify the City Representative immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor's first arrival to the designated work site: a) Concrete walkways. b) Curb and gutter c) Concrete drainage swells, slough walls, culverts, drainage inlet or outlet devices d) Fences and block walls e) Waste cans f) lighting fixtures 2. All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. • 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. Q. MULTI-USE TRAILS AND STAGING AREA: 1. Contractor shall fine grade, rake, remove all trail ruts and trash, remove all weeds and report all graffiti and potential trail hazards to the City Representative. Contractor 69 shall provide trail maintenance services weekly. After inclement weather, contractor shall inspect and repair all trails, remove trail ruts and clean adjacent hardscape surfaces. 2. All trail ruts, holes or other deviations shall be repaired by filling in deviation level with surrounding areas with new decomposed granite. Decomposed granite shall be fully wetted and compacted to the satisfaction of the City Representative. 3. Drains, collection boxes, swales and cobble shall be inspected weekly, cleaned and cleared of all debris as needed. Swales shall be maintained to provide positive drainage. All swales shall be cleared of loose decomposed granite or other material and compacted as needed. 4. 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. 5. Contractor shall remove all weeds from the Zone 15 gravel staging area. Contractor shall grade gravel surface and fill in ruts two (2)times annually. The Contractor shall provide a service schedule to the City Representative for approval. The City Representative may alter the schedule at any time. R. 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. 70 APPENDIX C LANDSCAPE MAINTENANCE DISTRICTS AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) ZONES 12, 15, 20 DESCRIPTION SIZE MAP 1. Zone 12 Carlsberg (parkways): 400,753 s.f. Z12 Parkway (s): East side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Parkway (s): West side of Miller Parkway from Patriot Drive southerly to Tierra Rejada Road. Sidewalk and planters. Hillside(s): West side of Miller Parkway across from Olive Street. East side of Miller Parkway from Stagecoach to Miller Park. East side of Miller Parkway from Shawnee north to the flow basin. East side of Miller Parkway from Patriot Drive north to mid-point between Southfork and Stagecoach (approx. 15' width entire length). Natural areas. Parkway (s): North side of Tierra Rejada Road from Spring Road to the south bound Hwy 23 off-ramp. Sidewalk and planters. Hillside (s): North side of Tierra Rejada Road between the 118 Freeway southbound off-ramp easterly to a location approximately 300' east of Miller Parkway. Natural areas. Planter (s): North side of Tierra Rejada Road between Miller Parkway and Spring Road, including the area between the back of sidewalk to v-ditch. Sidewalk, planters and natural area. Parkway (s) and slope (s): East side of Spring Road from Tierra Rejada road northerly to a point approximately 600' south of Peach Hill Road. Slope landscape area from Tierra Rejada Road northerly approximately 1,000'. Sidewalk, turf, planters and natural areas. 2. Zone 12 Carlsberg (median islands): 130,680 s.f. Z12a & Z12b Median islands (s): Miller Parkway between Los Angeles Avenue and Peach Hill Road. Median islands (s): Miller Parkway between Peach Hill Road and Tierra Rejada Road 3. Zone 15 Moorpark Country Club Estates (parkways): 382,270 s.f. Z15 Parkway (s), planter (s) & multi-use trail (s): South side of Championship Drive between curb and south side of multi-use trail from Walnut Canyon Road westerly to Grimes Canyon Road. Sidewalk, multi-use trail, turf and planters. Entry statement areas and parkway (s): North and south side of Championship Drive at Walnut Canyon Road and Grimes Canyon Road. Sidewalk, turf and planters. 71 Multi-use trail (s): Decomposed granite multi-use trails from Walnut Canyon Road westerly to Grimes Canyon Road and southerly parallel to Grimes Canyon Road to the staging area. Decomposed granite multi-use trails from Championship Drive southerly approximately 750' to the end of the debris basin. Staging Area: Gravel parking area adjacent to Grimes Canyon Road. 4. *Zone 15 Moorpark Country Club Estates (medians): 9,770 s.f. Z15a Median (s): Median islands at Championship Drive and Walnut Canyon Road. Median (s): Median islands at Championship Drive and Grimes Canyon Road. 5. *Zone 15 Moorpark Country Club Estates "Masters" Trail 111,040 s.f. Z15c and Detention Basin Trail Championship Drive from Augusta Drive to and Grimes Canyon (59,602sgft ) Detention Basin Lot I Championship Dr. East of Augusta Dr. (51,438sgft) 6. *Zone 20 Meridian Hills: 1,890,000 s.f. Z20 Parkway (s): West side of Walnut Canyon Road from the southerly property line of Tract 5405 to the end of the VCWPD basin. Planters. Parkway (s): North and south side of Meridian Hills Drive from Walnut Canyon Road to Ridgemark Drive, including the entry statement areas at Walnut Creek Drive. Sidewalk, turf, vines and planters. NPDES Basin(s): Basin and adjacent slopes at the southwest corner of Meridian Hills Drive and Walnut Canyon Road. Planters, vines and natural areas. NPDES Basin (s): Basin and adjacent slopes west of the recreation center. Planters, vines and natural areas. Slope (s) and planter(s): Slope adjacent to the west side of Tract 5405. Slope area at the southerly end of Tract 5405. Slopes adjacent to the west side of the VCWPD basin and adjacent to the west side of the Walnut Creek basin. Slopes and landscape areas adjacent to the project monument southwest of the VCWPD basin. Slope and landscape areas on the north side or Meridian Hills Drive from Walnut Creek Road to the entry at Breezy Glen Drive. Slope and landscape areas adjacent to the north side of Meridian Hills Drive from the Recreation Center to Ridgemark Drive. Slope and landscape areas adjacent to the south side of Meridian Hills Drive from Ridgemark Drive to the easterly property line across from the recreation center. Sidewalk, vines and planters. Multi-use trail (s): Decomposed granite multi-use trails from Ridgemark Drive easterly to the VCWPD basin. Decomposed granite multi-use trails from the VCWPD basin northerly to the southern end of the debris basin adjacent to Championship Drive. 72 7. * Zone 20 Meridian Hills (medians): 13,068 s.f. Z20 Median island (s): Median Islands from Walnut Canyon Road to Ridgemark Drive. PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. 73 APPENDIX D CITY OF MOORPARK CONTRACTOR'S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS Contractor: Date: Site Name: Location: Proposed date(s)of application: Number of acres/area to be treated: Type of equipment to be used: Target pest(s): Chemical Registration No.:_ Chemical Name: Dilution Rate: per gallon Chemical Total: Fumigant Name: Tablet Size: oz.Total Tablets: Fumigation Management Plan Completed and a copy to the City: Yes: No: Ingredient(s): Antidote: Active: Inert: Environmental: Re-entry after spraying: (Hours/Minutes) Notes: Criteria/Reason/Notifications: North Identify Location of Adjacent Schools, Dwellings, Etc. East(Treatment Area)West South Applicator(s) Name(s): (Print Name) License No.: Submitted By: Date: 74 APPENDIX E CITY OF MOORPARK CONTRACTOR WEEKLY INSPECTION REPORT Contractor: Date: to Location: 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. Irrigation 1 Sprinkler system operating correctly 2 Irrigation heads operating correctly 3 Damaged to irrigation components 4 Excessive wet areas, run-off, over- spray Areas 5 Dry, brown or dead areas 6 Irrigation controller time and water days correct 7 Controller&backflow working correctly. 8 Controller adjusted for inclement weather 75 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 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. Trash and Recycling Receptacles 1 Emptied 50%full or weekly 2 Cleaned J Trails 1 Trail ruts filled in, hazards removed and trash and debris removed 2 Weeds removed from trail 3 Irrigation Checked 4 Trees, shrubs ground cover K TRAFFIC CONTROL 1 Required traffic control devices in- place 2 Encroachment permit at site and posted in vehicle 76 Letter and Description of Deficiency Recorded Date Date Number Identified Corrected 77 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 23 241 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 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 78 Water Budget %: Station Run Times: 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_, Station Date Date Description of Deficiency Recorded Number Identified Corrected Notes: Inspector(signature): Inspector(printed name): - Affix additional sheets as required. 79 APPENDIX G LANDSCAPE MAINTENANCE DISTRICTS ZONES 12, 15, 20 AREA DIAGRAMS 80 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 12) (W I7, LEGEND: __/- _ _ _"--\ ZONE OF BENEFIT MEDIAN ISLAND � jjj ZONE OF BENEFIT z ZONE OF BENEFIT // / ASSESSMENT NUMBER-- ,-,,, 0 \......t.............11 iiiiiiii/i/ m ' \..\ z.. Z 12a Q w Q-5- w m .% r-� LGbR Ff /F 0 ID vildpo c()__ "s-cl ID i- o -. x ,:r \. .................000. � i// ice/ ,pc, i t\ I 'N 00 !:.II ( : ffr /‘. (3' . '-' C'S7' Il ISL•,4 �� /!i,.,i///////////// Iii: ti 0x RP soq\RD KEISHA D' C city of�►�toopark N®lTl IT 799 MOORPARK AVE NORTH MOORPARK CA, 93021 SCALE N.T.S. TATE MARCH 10, 2011 1 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 15) / ,------`7-7-------- / / / / eo'R° 10°1 <z- 4 LEGEND: a 0 0 - - - ZONE OF SBENEFIDT MEDIAN ILAN 1 410 Av ZONE A OF BENEFIT ZONE OF BENEFIT ASSESSMENT NUMBER AM - _ - zz 2://' ///, ' '‘z z''''' •'/z," //,, a 11.37:-A 0,/, , • , - / ,_ . LEGEND: 11) ''2'77-/-7-4-1777 71 // 2. .. . . ZONE OF BENEFIT 0.z. MEDIAN ISLAND I 13 0 ZONE OF BENEFIT Z15 70 OZONE OF BENEFIT ASSESSMENT NUMBER :4_ 1 -' ..e_T:-- - City of NMI .Moopark --,,,, .- 799 MOORPARK AVE RT. 4, . _ MOORPARK CA,93021 E11 SCALE N.T.S. SATE JULY 25, 2017 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT(ZONE 20) k i 1,, tl . Z 11 qM yi a a fid ,/ (). 'I i.,u"- 4'{ Si �y �r nif7C A Ui1" RJJ h `yYy ti, .^..yet' ,r, � -4 TM �.n i'a 5• �++/' .�Ij•. ^ Jiff ASTtr:rmc >F1rw' • y'\ 11\ V' a a l+ r h '_- h+ti- 1. }. X� fry !"•,` r r r, • I ..5 • r R a.+ yk. atd�v' :_,wp ; -�'11i1.nG.IR.1 v: 'inn -. iv.nw.o • r Lora. LA.oswn igion'HA4i c nrr rw •I.v '}' I �{ i „.r.. im 'fM{r:4 �: r 1/ J!. '� I1✓ ,..' Y..i{Yfti4Y4 rtc T� .. - i• x l• J �^' . •'1 NV..tlt4EAi.,r I r..,1/W ,.1 M1 4.0K1.00 u�i y' A, . M ' .... 4�.w4'we9rsr i *'.-.t�...-_.I.`[ �, If I,l. ))� is ea wul� '^` IICI..YV/10�f '4., .h.n wNOM+h.J..r'1 r '� ..1 ,m.+' I ..I,.ViI..E WWII FO.��c. 1 fG . ,l 1 I' /t„ r.lr..rll.laaa.l,an, - wa.11Mar ltrvo a0 ti F .. YYar,L14.IeLO1l1IM'iaY t'-.. 1 nrua.W h urn•.Y / Ij'1S' .2 4 1 .aro, r .Y1 . , f`1 K'.•...u...M.4•.••�4•e�• n, av�.v......r..4..Y a..w.r- .1Y 1 II MAL,. NORTH . =-• City of floopark ,.:1, 799 MOORPARK AVE MOORPARK CA,93021 SCALE N.T.S. DATE MARCH 10,2011 Exhibit D p°�� 2 7 ITO iovagPW r iii091 r 0 J0v-i CITY OF MOORPARK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES LMD ZONE 22 City of Moorpark 799 Moorpark Avenue Moorpark, California August 1, 2017 City of Moorpark CONTACT: ALLEN M. WALTER Landscape/Parks Maintenance Superintendent 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6385 1 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 5 PROPOSAL FORM 10 BID SCHEDULE 11 BIDDER'S INFORMATION 13 CONTRACTOR'S REFERENCES 15 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 18 NON-COLLUSION DECLARATION 19 EQUAL OPPORTUNITY CERTIFICATE 20 AGREEMENT TO COMPLY WITH LABOR LAW 21 PERFORMANCE BOND 22 SAMPLE AGREEMENT 24 APPENDIX A- CONTRACTOR'S PERFORMANCE REQUIREMENTS 41 APPENDIX B - SCOPE OF WORK 52 APPENDIX C -AREAS TO BE MAINTAINED 70 APPENDIX D - INTENT TO SPRAY 72 APPENDIX E - CONTRACTOR'S WEEKLY INSPECTION REPORT 73 APPENDIX F - CONTRACTOR'S WEEKLY IRRIGATION REPORT 76 APPENDIX G -AREA DIAGRAMS 78 2 CITY OF MOORPARK NOTICE INVITING SEALED BIDS FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS AND MISCELLANEOUS CITY PROPERTIES PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark("City"), invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 10:00 a.m. on the 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 landscaped parkways, medians, slopes 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 9:00 a.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 on Wednesday, August 16, 2017, between 10:00 a.m. and 12:00 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 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 3 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. 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 11:00 a.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, "LANDSCAPE LIGHTING AND ASSESSMENT DISTRICTS - 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 a 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 Ventura County Contractor's Association www.moorparkca.gov 1830 Lockwood Street, Suite 110 Oxnard, CA 93036 FW Dodge 1333 S. Mayflower Avenue, Suite 300 www.ebidboard.com 4 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS AND SUBMITTAL The City is soliciting cost proposals for the maintenance of City landscaped parkways, medians, trails, slopes, and miscellaneous City properties. Three separate bid package have been advertised for three separate LLAD areas. At the City's sole discretion, it may award contracts based on the lowest qualified bidder for each LLAD area , one contract for all areas, or a combination of contracts based on the overall lowest qualified bidder for a combination of areas. 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 24. SCOPE OF WORK 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 landscape maintenance and related services as more fully described in Appendices, A, B, C, D, E, F, and G to the Contract contained herein. EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT, BIDDING INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED. The bidder shall personally examine the site of the work contemplated, specifications, and Contract Documents before submitting a bid proposal, to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the bidder has personally investigated and is satisfied as to the general and local conditions to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the services, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas to be maintained according to this contract. PROPOSAL GUARANTEE Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond, made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid price for year one (1). This bond or check will constitute a guarantee that the bidder will, if an award is made to him/her in accordance with the terms of said bidder's proposal, provide all licenses, insurance, and bonds as identified in this Request for Proposal and 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 5 intent to award the bid or within fourteen (14) calendar days after notice of the award has been sent by mail to the bidder, whichever occurs first. Additionally, the proceeds of the bidder's bond will become the property of the City if the bidder fails to or refuses to furnish satisfactory bonds or evidence of insurance required in the contract construction documents within fourteen (14) days after the bid has been awarded. The bond shall be duly executed by a surety admitted to do business in the State of California.All bid bonds or substitutes thereof will be returned upon timely execution of the contract and the filing of satisfactory insurance certifications and bonds by successful bidder. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS - Landscape Maintenance Proposal" -- DO NOT OPEN WITH REGULAR MAIL". Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time, will be determined by the City Clerk's Division of the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the bid must be clearly labeled with the bid title, name of bidder, and date and time of bid opening, as stated above. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. 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 6 must be maintained in good standing throughout the term of the contract. If contractor plans to utilize the services of a subcontractor to provide pesticide operations, said subcontractor must be identified in bid proposal on the form provided. This shall include all subcontractors; PCA (Pest Control Advisor), and QAC (Qualified Applicator Certificate), or QAL(Qualified Applicator License). Failure to possess the specified license shall render the bid as non-responsive. No contract will be awarded other than to a contractor properly licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, cited as the Contractor's State License Law. Each bidder shall submit a photographic copy of its active contractor's license and pesticide license with the bid documents. The City shall, before awarding a bid, verify that a contractor was properly licensed when the contractor submitted the bid. In the event of a dispute as to the classification of license required the opinion of the California Contractors' State License Board shall prevail. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the bidder's proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Financial stability and standing of contractor, and proven competency of the bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance with applicable State Law. No award will be made to a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. 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. 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/Prevailing-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 8 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, not including Sunday, after mailing by City of the Notice of Award of Contract. 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 20 10 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. 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 prior written consent of the City, which may be withheld at the City's sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, medical condition, or marital status of such persons. Bidders will comply with all non-discrimination laws. NON-COLLUSION AFFIDAVIT Each bidder shall submit a statement of non-collusion affidavit to be executed by bidder and submitted with bid on the form provided in the bid package. 9 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 CITY RESERVES THE RIGHT TO AWARD MORE THAN ONE BID TO ONE CONTRACTOR OR INCREASE OR DECREASE THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within fourteen (14) days, not including Saturdays, Sundays and legal holidays, after the Agency has mailed notice of the award of contract to the bidder,this bid and the acceptance hereof may, at the Agency's option, shall be considered null and void. Contractor's Name Authorized Signature Signer's Title 10 BID SCHEDULE ZONE 22 DESCRIPTION SIZE Monthly Bid Annual Bid Amount Amount 1. Zone 22 Moorpark Highlands 1,379,279 s.f. $ $ (Slopes): East and west side of Spring Road from Charles Street to Walnut Canyon Road. North sides of Ridgecrest Drive from Spring Road to the V' ditch approximately 400' east of Spring Road. North side of Ridgecrest Drive from Elk Run Way to Hightop Street. 2. Zone 22 Moorpark Highlands 69,016 s.f. $ $ (Parkways & Streetscape): East and west side of Spring Road from Charles Street to Walnut Canyon Road. North and south sides of Ridgecrest Drive from Spring Road to end of Ridgecrest Drive. 3. Zone 22 Moorpark Highlands 73,845 s.f. $ $ (Medians Spring Road): Spring Road from Charles Street northerly to Walnut Canyon Road. 4. Zone 22 Moorpark Highlands 26,075 s.f. $ $ (Medians Ridgecrest Drive & Elk Run Loop): Ridgecrest Drive from Spring Road to Hightop Street. Elk Run Loop from Spring Road to Ridgecrest Drive. 5. Zone 22 Moorpark Highlands 242,798 s.f. $ $ (Trails): Decomposed granite trail on the west side of Spring Road from Charles Street to Walnut Canyon Road.; North/east side of Spring Road from Walnut Canyon Road to Ridgecrest Drive; North side of Ridgecrest Drive to easterly end of Ridgecrest Drive. Natural trail at N/E corner of Spring Road and Ridgecrest Drive to interior of the Pinnacles development. Decomposed Granite Trail adjacent to the perimeter of the Pinnacles and Living Smart Development to Mammoth Highlands Park. 11 6. Zone 22 Moorpark Highlands 101,394 s.f. $ $ (Detention Basins & Debris Basins): Three (3) Debris Basins (14,716 s.f.): West side of Spring Road. Four (4) Detention Basins (86,678 s.f.): S/E corner of Spring Road; Pinnacles on High Top Street; N/E corner Ridgecrest Drive and High Top Street; end of Timber Hollow Lane. 7. Zone 22 Moorpark Highlands 109,900 s.f. $ $ (Living Smart Development): Parkways and slopes north side of Ridgecrest Drive east of Elk Run Loop to end of Ridgecrest. Slopes on Elk Run Loop from Ridgecrest to Mammoth Highlands Park. TOTAL ZONE 22 $ $ PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. • Price must include labor, materials, and equipment to perform work, in accordance with the contract documents and specifications. • The City reserves the right to discontinue landscape maintenance services at any of the locations listed, at any time. The contractor's monthly bid amount shall remain in effect for all other areas until the Agreement with the City and contractor has been terminated. • Landscape maintenance services for areas designated with an asterisk (*) shall not begin without prior written City approval. The contractor's bid amount for these areas shall be deducted from the total monthly compensation paid to Contractor until such time that these areas are incorporated into this contact agreement for landscape maintenance. 12 BIDDER'S INFORMATION Bidder certifies that the following information is true and correct: Bidder's Name Type of Firm Individual; Partnership; Corporation Business Address Telephone State Contractor's License No. and Class(es) Original Date Issued Expiration Date Bidders or Subcontractor's State Pesticide License No.; list categories and "type" of license(s). 1) Expiration Date 2) Expiration Date 3) Expiration Date If Bidder intends to use a subcontractor for any pesticide services described in the Scope of Services, information related to the subcontractor must be disclosed on Subcontractor Form. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: 13 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,titles, hands, and seals of all forenamed principals this day of , 2017. Bidder Subscribed and sworn to this day of , 2017 NOTARY PUBLIC 14 CONTRACTOR'S REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which bidder has performed landscape maintenance and pesticide operations services, of similar size, price, and scope, within the past two years: 1. Name of Organization Address Contact Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period (start/end date) Description of landscape services and maintenance program performed 2. Name of Organization Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed 3. Name of Organization 15 Address Contract Person Telephone Number and email address Contract Amount/Acreage under contract/ Contract Period(start/end date) Description of landscape services and maintenance program performed SUBCONTRACTORS The undersigned submits herewith a list of subcontractors who will perform any work described in the Scope of Services. Name Under Which License No. & Class (or Specific Description of Subcontractor is categories) Subcontract and Portion of Licensed Business Address and the Work to be Done Phone 1) 2) 3) 16 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. 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. 17 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION: LLMD 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: Contractor: By: Title: (In accordance with California Labor Code Section 1860, et seq., the above Certificate must be signed and filed with the Agency prior to performing any work under the Agreement.) 18 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 of , 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 Bidder to 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 foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Signature: Signature: Printed Name: Printed Name: This form must be notarized. 19 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. Name of Bidding Company Authorized Signature Title Date 20 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 the payment 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, or portion 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($25)for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract." Signature Date Printed Name Company Title 21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter("City") and (hereinafter "Contractor") have entered into an Agreement dated , 2017, for work identified as " " which Agreement is hereby incorporated into and made a part hereof; and. WHEREAS, said Contractor, is required to furnish a bond in connection with said contract, providing for the faithful performance thereof; NOW, THEREFORE, we, the Contractor, as Principal, and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, as Obligee, in the sum of Dollars ($ ) 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. {signatures next page} 22 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) Notarial Certificate Attached By (Title) 23 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 various Landscape Maintenance Districts 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 various Landscape Maintenance Districts 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 24 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 , 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. 25 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 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 26 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 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 27 Agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels'fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any 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 28 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 , 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 29 tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1)year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or 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 30 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 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. 31 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 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. 32 CITY OF MOORPARK By: By: Steven Kueny, City Manager (Name) (Title)_ Attest: Maureen Benson, City Clerk 33 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. 34 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 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 day 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 35 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 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. 36 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 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. 37 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. 38 (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. (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. 39 (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. (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.) 40 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"), with the exception noted in section 2 of Appendix B. No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times or without prior written permission from the City, except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify representative designated by the City (hereinafter referred to as "City Representative") within 24 hours in the event of emergency work. 2. Contractor shall be responsible for any costs incurred by the City including, but not limited employee's hourly rate of One Hundred Five dollars ($105.00) per hour and any related costs for any City approved work performed by Contractor on weekends and/or holidays which may require verification and inspection by a City employee, 3. The Contractor shall have staff available by phone contact (not an answering service), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to call outs, questions, and verification of schedules. Contractor shall also provide a 24-hour emergency contact phone number(not an answering service)for non-working hours, including weekends and holidays. 4. Non-working City holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place and carrying out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 5. After notification of award and prior to the start of any work, Contractor shall submit to City for approval a proposed maintenance schedule. The schedule shall include, but not be limited to a list of all activities specified in this Agreement, with respective days of the week and day of time said activities will be performed by location. Once approved in writing by the City, any revisions to the approved schedule must be authorized in writing by the City. 6. 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 41 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. 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. 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 City. Quality and specifications of materials to be provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 42 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides including herbicides, insecticides, fungicides and rodenticides and all necessary licenses. 3. All necessary fertilizers and soil amendments. 4. INTENTIONALLY LEFT BLANK 5. All necessary horticultural supplies and landscape tools. 6. All parts necessary for the repair and proper maintenance of all irrigation systems. 7. All materials are to be new and identical to existing materials model and make, 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 negligence. The City shall be responsible for replacing any plant material that has been damaged or destroyed as a result of acts of vandalism and or theft. F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified minimum 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 the City. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material or irrigation system, immediate treatment or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the restriction. Contractor shall also provide a copy of said notification to City Representative prior to commencing such work. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, 43 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 48 hours. If the Contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work. Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector 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. 24 hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the"Work Area Traffic Control Handbook"(WATCH) published by Building News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the Contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each reported /observed violation that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirement or traffic control measure as described in J, Traffic Control, Items 1 and 2. K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. 44 ' L. SUBCONTRACTORS: Contractor shall only use the subcontractors in the performance of this Contract that are listed on subcontractor(s) form submitted with the bid documents. All submitted subcontractors shall be licensed and only provide the work listed and licensed to perform. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shall be reported to the City immediately. 3. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines For Construction Sites,"which by reference is a part of Appendix B and is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials; managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling the discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N. INSPECTION TOUR, 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. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five(5) business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the 45 allocated time, the Contractor may incur liquidated damages, as more fully described below. 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 accessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. 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 • 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. 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 46 damages or repairs to the irrigation system and any other information requested by the City P. DEFICIENCIES - LIQUIDATED DAMAGES: Failure of the Contractor to perform services, adhere to the service schedule, service a system, perform all the required service and repairs, pursuant to this Contract will be seen as a deficiency. It is agreed that said deficiencies will result in damage to City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each incident at each separate location for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. Q. 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. R. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities 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. S. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances,these will be considered tobe 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. Maintenance Worker III: $105/hr. 47 City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $315/hr. Park/Landscape Maintenance Superintendent or Supervisor: $195/hr. Maintenance Worker III: $158/hr. T. 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 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. U. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at City facilities shall only be allowed with prior written permission 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 the Agreement applies to such storage. V. 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 system, or other improvements observed or found by Contractor's employees, regardless of the cause. a. Contractor shall prepare a written vandalism report with a description of the location, date and time observed, item(s)or component(s)damaged or stolen, and the number of components involved Report shall be submitted within one (1) business day. 48 2. Costs caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. W. 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 in writing and have his work force available to assist the City with emergency operations as required by the City. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 4. The Contractor shall not remove his work force from the job site unless he has previously notified the City Representative in writing. 5. The Contractor shall re-stake and re-tie trees as required, and continue to monitor trees during storm conditions. 6. The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. 7. Contractor shall request controllers and timers be set to the "OFF" position, which shall remain off until demands indicate conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor the landscape to ensure that controllers and timers are activated at the appropriate time. X. CONTRACTOR DISPOSAURECYCLING RESPONSIBILITY: 1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses.All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the City solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract 49 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 the Contractor. Y. KEY AND KEY CARD ACCESS CONTROL: 1. Contractor shall be responsible for assigned keys and key cards and is responsible for the proper use and safe keeping of all keys and key cards issued to Contractor by the City. 2.. Contractor shall be responsible for assigning keys and key cards to Contractor's employees. Contractor shall not assign, lend, or in any other way allow use of keys or key cards to anyone other than Contractor's employees who are performing services under this Agreement. 3. Contractor shall provide to City in writing the names of all individuals who are assigned keys or a key card at the time the assignment is made. If keys or key cards are reassigned by Contractor, Contractor shall immediately provide to City in writing the names of the individuals no longer in possession of keys or key cards and the names of the individuals to whom the keys or key cards are reassigned. 4. Contractor agrees not to duplicate any keys or key cards 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. 5. Contractor shall immediately report all lost or stolen keys or key cards to the City Representative. 6. Upon expiration, cancellation, or termination of this Agreement, all keys and key cards received by the Contractor shall be immediately returned to the City. 7. Contractor shall reimburse the City all costs and expenses as determined by the City for any key, key card, or lock replacements due to Contractor's negligence or willful misconduct. Such costs shall be deducted from any payments due or to become due to Contractor. Costs may include, but are not limited to, replacing padlocks, re-keying door locks, re-programing key card access site(s), staff time, and a fifteen percent (15%) administration fee." 50 Z. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to perform maintenance services according to Contract specifications. AA. 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 shall be notified immediately of any unsafe condition found by the Contractor. 51 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 shall be mowed to the minimum height of 11/2" -2"during fall and winter months, and during the late spring and summer the cut should be no lower than 2" from the soil grade. Mowing heights may vary for special events and conditions approved by the City. 3. Turf shall be mowed weekly, no less than 48 times per year, so that no more than 1/3 of the blade is removed at time of cutting, but at intervals of no less than once a week during the active growing season (April through November). Turf mowing at each location shall be completed in one day, and shall be on a schedule approved in writing by the City Representative. 4. 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 hazardous material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds and re-seed bare areas. Seed shall be identical to the existing turf type. B. EDGING AND TRIMMING: 1. Mechanical type edging includes walkways, sidewalks, driveways, curbs, trees, shrub and groundcover beds, and shall be performed once per week, and concurrently with mowing at each location. 2. Sprinkler heads shall be kept free of grass to allow for proper operation and coverage. This shall be performed by mechanical methods only, unless otherwise specified by City. 3. Edging against hardscape shall be performed in a manner that results in a neat well- defined V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade, and shall not exceed 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 from the main stem or trunk of the tree. Tree wells shall be edged concurrently with each 52 mowing and shall be performed by mechanical methods only. Great care shall be taken to avoid damage to tree bark tissue and roots. Tree damage resulting from Contractor's edging practices shall be replaced by 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 free of accumulated grass clippings upon completion of each mowing operation. Grass clippings shall not be left on any area overnight. 6. Edging next to retaining walls and fences shall be done using a power string type trimmer, and shall be completed in such a manner to avoid excessive string contact to the exterior surface of retaining walls, fences and all areas edged with a sting type trimmer. 7. Chemical edging is not permissible without express 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, and Appendix A, Section M. C. TURF FERTILIZATION: 1. One month prior to scheduled fertilization, Contractor shall notify the City Representative in writing of application date, location, fertilizer formula to be applied and amount applied at each location. 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. Fertilization of turf grasses shall be accomplished at the following intervals with the fertilizer formula described below: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000) square feet. Contractor shall submit a written schedule to the City Representative for written approval prior to application. 3. The Contractor shall broadcast the fertilizer in such a manner as to insure uniform coverage with minimum overlap. a. The turf shall be free of moisture at the time the fertilizer is applied. b. Application of the fertilizer shall be done in sections in accordance with the area covered by the timing stations on the automatic irrigation controllers so 53 that the soil may be thoroughly soaked immediately after the fertilizer is broadcast. D. SHRUB AND GROUND COVER FERTILIZATION: 1. 30-days 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. Shrub and ground cover Application rates are as follows: Two (2) times annually apply gypsum at ten (10) pounds per one thousand (1,000) square feet and four(4)times annually apply 12-12-12 pelleted type fertilizer at eight (8) pounds per one thousand (1,000 square feet). 2. Contractor shall submit a written fertilizer schedule to the City Representative within 30-day of receipt of an executed agreement. E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS: 1. The Contractor shall be responsible for trimming and weeding weekly, 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. 2. All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning as needed 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. 3. Shrubs, ground covers, bare dirt and mulched areas shall be defined as "planters". 4. Planters shall be cultivated to a depth of (1") and raked each month. Ground cover shall be kept neat in appearance and confined within curbs and intended borders and kept litter free. 5. 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". Bark mulch shall consist of 100% recycled material and shall be 99% contaminant free, including litter and weed and/or weed seed. Mulch shall have a uniform size range from minus to 3". Contractor shall submit mulch sample to the City Representative for approval prior to installation. 54 6. Weeds, grasses and invasive plant species, as determined by the City Representative, shall be removed from all planter areas weekly, or more frequently if 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. 7. 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. 8. Contractor shall fill holes, knock down and grade gopher mounds and re-install plant material in areas caused by such damage. Plant material shall be identical to the existing groundcover type and reinstalled with flatted plant material or as otherwise directed by City Representative. F. TURF PARKWAYS AND TURF PARKWAY CONVERSION Per the City's Drought Action Plan, which prohibits turf in parkways and irrigation runoff onto public streets, the irrigation system has been capped of all non-essential spray heads in many City parkways and median islands. Contractor shall be responsible to maintain affected turf parkways and medians to City standards by maintaining them free of weeds, debris and edging when necessary. As these parkways and medians are improved and retrofitted with new plant material and low water use irrigation systems, the Contractor shall be responsible,for maintenance of the new plant material and irrigation systems per the appropriate section(s) of the Scope of Work. G. MAINTENANCE OF TREES VINES AND SHRUBS: 1. Scope: The Contractor shall be responsible for the maintenance and upkeep of shrubs and trees within designated medians, parkways, planters and slopes as provided. Tree care is limited to the removal of sucker growth, spouts, and limbs that obstruct the right of way and/or present a potential hazard, originating from the tree trunk, from the ground to the first eight (8) feet. 2. Maintenance of Trees and Shrubs: Shall be in accordance industry and International Society of Arboriculture(ISA) standards, and the standards and practices acceptable to the City, and any later amendments and consistent with the guidelines furnished below: a. Pruning for removal of dead, damaged or diseased parts. b. Pruning trees for removal of water sprouts and suckers as they develop. c. Pruning for shape and form shall include lifting of low tree branches to prevent hazards. 55 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. Median trees shall have no branches lower than eight(8)feet from top of curb, or as directed by the City Representative to provide proper line-of-sight for traffic movement. f. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Trimming shall not be excessive and shall be limited to no more than 10% of the overall size of the plant material, unless otherwise directed by the City Representative. Pruning methods shall provide a natural shape. g. Shrubs shall be maintained at a height no greater than 11/2 feet from top of curb at designated areas to allow for traffic safety, per standard plans. h. Vegetation shall be trimmed back from all utility boxes, controller units, valve boxes, quick couplers, and backflow devices. Vegetation shall not encroach onto sidewalks, curb and gutters, decomposed granite paths, private property, or roadways. Vegetation shall not grow up trees, structures, or walls. Pruning for sight visibility clearance may be required at any time and shall be expedited in order to address potential safety concerns. 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 on an as-needed basis in order to preserve the aesthetic value of the plant material. Aggressive pruning or 'dead heading' to increase plant density and promote plant health shall be performed no less than twice annually or as determined by the City Representative. j. Vines —All clinging vines shall be trimmed close to walls to maintain a neat appearance.Vines shall be trimmed in order to maintain control and to prevent them from creeping over walls. Vines shall be checked and secured with appropriate ties as necessary. When necessary, appropriate stakes and/or supports shall be utilized to promote directional growth. The height of vines shall be maintained per City direction, typically within six (6) inches of the top of the wall. Vines shall not be allowed to encroach onto trees. 3. TREE TRIMMING: a. Trimming and pruning shall be performed per the standards of the International Society of Arboriculture (ISA). It is the Contractor's sole responsibility to obtain and practice these pruning standards on all tree work performed. The Contractor agrees to accept all responsibility for the replacement of trees damaged by Contractor's pruning operations, if so determined by the City that 56 • replacement is required. b. Where necessary, as determined by the City Representative, Contractor shall provide and post no parking signs 48 hours in advance of the work, except when emergency work is necessary. 4. Tree/Shrub Replacement: 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. 5. Tree Supports and Stakes: Weekly inspections shall be made of each tree braced by a tree support to insure that the support is intact, and that the tree has not outgrown the support. a. Tree staking shall be performed in accordance ISA Standards. b. Tree supports shall be adjusted as necessary to conform with the caliber of the trunk to which it is attached. c. Tree supports and stakes shall be inspected and removed when the tree has outgrown its support or as determined by the City Representative. d. Tree supports and stakes shall be replaced or removed, as needed, or as directed by the City Representative. e. Contractor shall inspect all tree wells and remove all broken or unnecessary stakes that create a hazards condition to the public. f. Where plastic arbor guards have been installed at base of the tree trunk, Contractor shall maintain and replace as needed. H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION: 1. Scope: All work involving the transport and use of pesticides, herbicides, rodenticides and insecticides shall be in compliance with all Federal, State, County and local laws. The Contractor shall possess all valid State and County licenses and permits required for pesticide, herbicide, rodenticide and insecticide transport and application operations. Pesticide applicators (persons) assigned by the Contractor to perform pesticide operations shall have a valid license issued by the State of California Department of Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State certification for categories specific to each pesticide for recommendation or use. Contractor shall be in strict compliance with all pesticide directives and laws governed 57 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 a valid Pest Control License, State Pest Control Advisor's License, State Qualified Applicator's License for individuals engaged in the transport, and use of all applicable pesticides, herbicides, rodenticides and insecticides within the areas to be maintained under the provisions of this Contract. 2. Intent to Spray Application: Contractor shall submit in writing to the City Representative, an Intent to Spray Application (Appendix F ) prior to the application of any pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s). All applications must be approved in writing by the City. Such authorization shall depend upon the Contractor's submission to the City Representative the information outlined below: a. The exact location(s) where the pesticide (s), herbicide (s), rodenticides (s) and/or insecticide (s) is to be used, with the identification of the Insect (s), weed (s) and/or rodent (s) to be controlled. b. That the pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s)shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 3. Chemical Weed Control: Chemical weed control at all turf locations shall be performed as a regular service requirement of this Contract to insure areas are kept free of weeds. Chemical weed control in shrub and groundcover planting areas shall only be performed with prior written approval by the City Representative. Weed infestation of the turf, shrub and ground cover areas, may only be controlled with `non-restricted' commercial herbicide (s), as governed by the County of Ventura Agricultural Commissioner's Office. Contractor shall submit in writing to the City Representative, an Intent to Spray Application (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 is to be used, with the identification of the weed to be controlled. b. That the herbicide has no harmful effect upon desirable plant materials. 58 c. That the herbicide shall be applied at the manufacturer's recommended rates and shall conform with manufacturer's application instructions. 4. Disease, Harmful Insects: a. Inspections of landscaped areas shall be made daily for evidence of disease, harmful insects. b. If evidence of disease or harmful insects is found, a report shall immediately be submitted to the City Representative. The report shall include: 1) The exact location(s)where the disease, harmful insects are prevalent. 2) The Contractor's opinion of the type of disease, insect. 3) The Contractor's recommendation for control and elimination of the disease or harmful insects. 5. Rodent Control: a. The Contractor's Pest Control Advisor's(PCA) recommendations shall provide specific names of the specific vertebrate specie(s)expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA Recommendation, and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 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. 59 c. Contractor agrees to hire and bear the cost of securing a pest control company (subcontractor to be approved by City), if Contractor fails to implement effective pest control measure within 30-days written notification by City. 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. A written recommendation of proposed pesticides restricted in California shall include commercial name, concentrations, application rates and usage. The recommendation shall be prepared by a licensed California Pest Control Advisor and submitted a minimum of 14 days prior to intended use. No work shall begin until written approval of use is obtained, and a notice of intent has been filed with the Ventura County Agricultural Commissioner's office, as required, and the City. 2. All chemicals shall only be applied by those persons possessing a valid California Pest Control Operators (P.C.O.) license or under the supervision of a P.C.O. Application shall be in strict accordance with State of California Department of Pesticide Regulation and Ventura County Agricultural 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 and pesticide, herbicide, rodenticide and insecticide at any time and for any reason of justification as determined by the City Representative. 60 J. MAINTENANCE OF AUTOMATIC SPRINKLER SYSTEM: 1. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of automatic sprinkler system components, with the exception of backflow protection devices. Contractor shall repair and/or replace as needed any irrigation system components, to insure optimal operation of the irrigation system. All irrigation systems shall perform according to the original design and installation intent. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written 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 it sole cost, listed in the succeeding paragraphs in addition to the following: * Irrigation Controllers (exception necessary replacement) * Plastic pipe * Remote control valves * Remote control valve wiring *Valve boxes 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 model, make and manufacturer 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. 61 5. At the sole discretion of the City, irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation of said replacement(s). 6. All mainline repairs shall be inspected by the City Representative prior to backfilling to insure the quality of backfill and compaction. 7. Contractor shall use a soil probe to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones (as directed by the City). 8. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, and recreation use areas. Special attention shall be given to the relationship of conditions that affect day and night watering. 9. Contractor shall prevent water from over-spraying onto walls, walkways, streets and private property. For this purpose, the Contractor shall provide the necessary repair, replacement,,and component adjustment as required of all sprinkler heads, nozzles, swing joints and pipe risers. In cases where irrigation system design features makes this impractical or impossible, the Contractor shall provide, at no cost to the City, a recommended plan of component changes and/or a cost estimate for installation of the changes needed for the purpose of mitigating the undesirable over-spray. 10. All repairs, adjustments, cleaning or replacements of any part of the system that cannot be completed within one (1) hour of detection, shall be immediately reported to the City, and provisions made by Contractor to complete said repair prior to the close of the next regular business day. Additional time may be granted in writing, at the sole discretion of the City Representative. 11. Contractor shall take corrective action and immediately report to the City Representative any conditions that may create a public hazard. 12. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation. 13. At the request of the City, Contractor shall identify and mark the location of sprinkler heads with provided flags, at no additional cost to City, to assist with improvement projects. 14. The following specifications are provided for replacement of plastic pipe, plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and remote control valve wiring: a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1, Grade 2 (PVC 1220). 62 b. Plastic pipe fittings and connections shall be PVC Schedule 40, except nipples, which shall be Schedule 80. c. If existing galvanized steel pipe and galvanized steel pipe fittings require repair, they shall be identical type and model. 15. 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 hazards, and prevent an unsightly appearance. Contractor shall inspect, repair and maintain all drip irrigation systems as a regular service to the contract. Contractor shall inspect all drip irrigation systems weekly. 16. 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. 17. 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. 18. 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. 19. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation technician, fully trained in all phases of the WeatherTrak irrigation system operation. This is to include, but not limited to, diagnosis and repair of controllers(motors, switches and fuses), valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. 63 The Contractor's irrigation technician shall have a minimum of seven (7) years of experience at the technician level and have WeatherTrak Fourteen (14)days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the technician's qualifications,for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the irrigation technician position. The irrigation technician shall be able to effectively communicate in English and shall meet the requirements identified in 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 and as directed by the City Representative. K. IRRIGATING AREAS: Irrigation is controlled by the City's Central Irrigation Management System. Programming and scheduling of the City's Central Irrigation Management System shall be the responsibility of the City. Contractor shall manually turn on the system to check irrigation coverage and irrigation system components for conformance to this contract as described herein. Contractor shall not make any adjustments to the Central Irrigation System without permission from the City Representative. 1. Watering of Turf, Shrubs and Ground Cover Areas: a. Watering of the turf, shrubs and ground cover areas shall be done pursuant to the City's installed WeatherTrak Central Irrigation Management System, unless otherwise directed by the City Representative. b. Contractor shall be responsible to make all adjustments to sprinkler heads as required to keep over-spray of sprinklers from walls and excessive runoff onto sidewalks, and streets. c. Since water requirements of plants vary according to the season, plant variety and soil conditions, the Contractor shall consider the variation in size of plants, roots, soil, irrigation components and weather conditions when making water determination requirements. Extremely close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location. All landscape and turf areas shall be irrigated as 64 required to promote vigorous and healthy plant growth. d. Contractor shall be held responsible for over-watering,which is represented by excessive run-off, over saturation, or high use rates and dry areas or dead plant material caused by the Contractor's negligence to monitor or report to the City Representative Central Irrigation Management System problems or required adjustments shall result in liquidated damages and the cost of water or dead plant material incurred by City. e. Contractor shall be responsible to report new trees, shrubs ground cover and turf (up through the sixth mowing), to the City representative to make or request watering adjustments. . 2. Irrigation Reports: The Contractor shall maintain and submit to the City Representative in writing: a. Contractor's Irrigation Schedule and Maintenance Report (Appendix F): An Irrigation Schedule and Maintenance Report shall be prepared weekly and submitted to the City Representative monthly. 3. Irrigation Repairs: Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported using City approved materials, supplied by the Contractor. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired. 4. Repair Inspection: Irrigation inspections by the City Representative may occur within one working day of notification of services or repair completion. The City Representative will 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. 5. Irrigation Materials: a. All replacement materials are to be identical manufacturer, type and model unless a substitute is approved in writing by the City Representative. b. Contractor shall maintain an adequate inventory of medium-to-high usage stock items for repair of the irrigation systems. c. Contractor shall implement repairs in accordance with all effective warranties, and with no additional payment. d. All materials are to be new and identical to existing materials, per these specifications, unless directed otherwise approved in writing by the City Representative. 65 6. Irrigation Trained Personnel: The Contractor shall provide no less than one (1) full time irrigation Journeyperson fully trained in the operation of the WeatherTrak Central Irrigation Management System and in all phases of landscape irrigation system operations, maintenance, adjustment and repair. This is to include diagnosis and repair of valve wires, control valves, lateral lines, gate valves, main lines, strainers, moisture sensors, master valves and electric pedestals. Contractor shall provide additional irrigation personnel as needed,to provide irrigation repair and maintenance services described herein, in emergency situations and as directed by the City Representative. 7. Irrigation During Inclement Weather: Contractor shall Request irrigation controllers be set to the "OFF" position prior to actual inclement weather conditions and when local weather reports forecast a 40% or greater chance of inclement weather. The Contractor will be responsible to request controllers and timers return to the "ON" position when conditions are appropriate. L. SWALES, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION AND CATCH BASINS): 1. Contractor shall maintain all swales and drains on a weekly basis to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks and miscellaneous debris so that water will have an unimpeded passage to its outlet. 2. Drains and collection boxes shall be inspected weekly, 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. Debris basins, retention basins and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash and tree branches. Contractor shall string trim or mow the bottom of all basins to a maximum height of 3", four (4) times annually. Contractor shall remove all trimmings. The Contractor shall provide a weed abatement schedule to the City Representative for approval. The City Representative may alter the schedule at any time. 5. Contractor shall maintain all tree, shrub and groundcover areas, including accompanying irrigation systems, adjacent to all debris basins, retention basins and detention basins as described herein. M. LITTER CONTROL: 1. Contractor shall on a daily basis provide complete policing and litter pickup to remove paper, rocks, glass, trash, undesirable materials, fallen tree branches and 66 miscellaneous debris. This includes, but is not limited to all hardscape surfaces, developed and undeveloped areas, walkways, parking lots, roadways, along fence lines, between and around planted areas, steps, planters, drains, catch basins, areas on slopes from the toe to the top of slope and turf areas. 2. Contractor is responsible for recycling. All green waste cuttings, weeds, leaves, and other yard wastes as defined in the Moorpark Municipal Code, shall be delivered to the Moorpark Public Services Facility and disposed of in the proper recycling bin. Under no circumstance shall Contractor dispose of any refuse, recyclables, or green waste that was not generate from the performance of this Contract in City supplied solid waste containers or bins. 3. Litter pickup shall be completed as early in the day as possible, but in no event later than 10:00 a.m. 4. Branches, paper trash and miscellaneous debris shall be removed from along walkways, slopes and basin, as well as submerged debris. . 5. Litter shall be removed from all pedestrian, bike, and hiking trails and three(3)feet on either side of trails adjacent to developed areas and City streets daily, unless otherwise stated. 6. Litter shall be removed from developed irrigated slope areas and undeveloped areas adjacent to developed areas or roadways. 8. Litter picked up on site shall be performed daily and litter placed in City supplied refuse bins and not in public use trash containers. N. TRASH RECEPTACLES AND DOG WASTE STATIONS: 1. Trash,recycling and Mutt Mitt receptacles adjacent to City trails, or other areas, shall be emptied when they at 50 percent full, but no less than weekly. Liners shall be provided by the contractor and replaced no less than weekly. Liners shall be commercial grade (heavy duty), black in color and 1.5 Mil thickness or better to contain trash without tearing. Trash receptacles liners shall be placed in appropriate trash bins. Recycle material shall be removed from the liner and placed in appropriate recycling bin. The liner shall be placed in appropriate trash bin. 2. Contractor shall inspect Mutt Mitt dispensers weekly and refill dispensers as needed and when less than 75% full. City shall provide Mutt Mitt's at City's sole cost. 3. Trash, recycling and Mutt Mitt receptacles shall be cleaned as needed, or as requested by the City, but no less than monthly. O. HARDSCAPE: 1. All hardscapes such as, but not limited to, sidewalks, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints and walls adjacent to City 67 landscapes shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe. 2. The Contractor shall be responsible for weekly sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas. 3. Contractor shall be responsible to remove graffiti that can be removed with an approved solvent. Such removal shall take place within two (2) hours of observance. The City will be responsible for all other graffiti and the Contractor shall be responsible for reporting said graffiti to City immediately upon observance. P. GRAFFITI: 1. On a daily basis, Contractor shall immediately report all graffiti upon detection to City Representative. The City Representative shall determine if graffiti requires photographing and police reporting prior to removal. The Contractor shall be responsible for removing graffiti within two (2) hours of observance that can be removed using a solvent specially formulated for graffiti removal and approved for such use by the City Representative. If graffiti cannot be removed with said solvent, Contractor shall notify the City Representative immediately upon observance and City shall be responsible for removal. Special attention shall be given to the following areas upon the Contractor's first arrival to the designated work site: a) Concrete walkways. b) Curb and gutter c) Concrete drainage swells, slough walls, culverts, drainage inlet or outlet devices d) Fences and block walls e) Waste cans f) lighting fixtures 2. All materials and processes used in graffiti eradication shall be non-injurious to applied surfaces, and areas adjacent to graffiti abatement and approved by the City and CAL-O.S.H.A. 3. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted. Contractor shall use materials, and methods of application, as provided and approved by City. 4. Contractor is not required to sandblast or paint graffiti. 5. Contractor shall clean spills, spatters, and runs from removal operations as a part of each operation. Q. MULTI-USE TRAILS AND STAGING AREA: 1. Contractor shall fine grade, rake, remove all trail ruts and trash, remove all weeds and report all graffiti and potential trail hazards to the City Representative. Contractor 68 shall provide trail maintenance services weekly. After inclement weather, contractor shall inspect and repair all trails, remove trail ruts and clean adjacent hardscape surfaces. 2. All trail ruts, holes or other deviations shall be repaired by filling in deviation level with surrounding areas with new decomposed granite. Decomposed granite shall be fully wetted and compacted to the satisfaction of the City Representative. 3. Drains, collection boxes, swales and cobble shall be inspected weekly, cleaned and cleared of all debris as needed. Swales shall be maintained to provide positive drainage. All swales shall be cleared of loose decomposed granite or other material and compacted as needed. 4. 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. 5. Contractor shall remove all weeds from the Zone 15 gravel staging area. Contractor shall grade gravel surface and fill in ruts two (2)times annually. The Contractor shall provide a service schedule to the City Representative for approval. The City Representative may alter the schedule at any time. R. 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. 69 APPENDIX C LANDSCAPE MAINTENANCE DISTRICTS AREAS TO BE MAINTAINED (AREA DESCRIPTIONS) ZONE 22 DESCRIPTION SIZE MAP 1. Zone 22 Moorpark Highlands (Slopes): 1,379,279 s.f. Z22 East and west side of Spring Road from Charles Street to Walnut Canyon Road. North sides of Ridgecrest Drive from Spring Road to the V' ditch approximately 400' east of Spring Road. North side of Ridgecrest Drive from Elk Run Way to Hightop Street. 2. Zone 22 Moorpark Highlands (Parkways & 69,016 s.f. Z22 Streetscape): East and west side of Spring Road from Charles Street to Walnut Canyon Road. North and south sides of Ridgecrest Drive from Spring Road to end of Ridgecrest Drive. 3. Zone 22 Moorpark Highlands (Medians Spring Road): 73,845 s.f. Z22 Spring Road from Charles Street northerly to Walnut Canyon Road. 4. Zone 22 Moorpark Highlands (Medians Ridgecrest 26,075 s.f. Z22 Drive & Elk Run Loop): Ridgecrest Drive from Spring Road to Hightop Street. Elk Run Loop from Spring Road to Ridgecrest Drive. 5. Zone 22 Moorpark Highlands (Trails): 242,798 s.f. Z22 Decomposed granite trail on the west side of Spring Road from Charles Street to Walnut Canyon Road.; North/east side of Spring Road from Walnut Canyon Road to Ridgecrest Drive; North side of Ridgecrest Drive to easterly end of Ridgecrest Drive. Natural trail at N/E corner of Spring Road and Ridgecrest Drive to interior of the Pinnacles development. Decomposed Granite Trail adjacent to the perimeter of the Pinnacles and Living Smart Development to Mammoth Highlands Park. 6. Zone 22 Moorpark Highlands (Detention Basins & 101,394 s.f. Z22 Debris Basins): Three (3) Debris Basins (14,716 s.f.): West side of Spring Road. Four (4) Detention Basins (86,678 s.f.): S/E corner of Spring Road; Pinnacles on High Top Street; N/E corner Ridgecrest Drive and High Top Street; end of Timber Hollow Lane. 7. Zone 22 Moorpark Highlands (Living Smart 109,900 s.f. Z22 Development): Parkways and slopes north side of Ridgecrest Drive east of Elk 70 Run Loop to end of Ridgecrest. Slopes on Elk Run Loop from Ridgecrest to Mammoth Highlands Park. PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION. 71 APPENDIX D CITY OF MOORPARK CONTRACTOR'S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS Contractor: Date: Site Name: Location: Proposed date (s)of application: Number of acres/area to be treated: Type of equipment to be used: Target pest(s): Chemical Registration No.: Chemical Name: Dilution Rate: per gallon Chemical Total: Fumigant Name: Tablet Size: oz.Total Tablets: Fumigation Management Plan Completed and a copy to the City: Yes: No: Ingredient(s): Antidote: Active: Inert: Environmental: Re-entry after spraying: (Hours/Minutes) Notes: Criteria/Reason/Notifications: North Identify Location of Adjacent Schools, Dwellings, Etc. East(Treatment Area)West South Applicator(s) Name(s): (Print Name) License No.: Submitted By: _ Date: 72 APPENDIX E CITY OF MOORPARK CONTRACTOR WEEKLY INSPECTION REPORT Contractor: Date: to Location: 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. Irrigation 1 Sprinkler system operating correctly 2 Irrigation heads operating correctly 3 Damaged to irrigation components 4 Excessive wet areas, run-off, over- spray Areas 5 Dry, brown or dead areas 6 Irrigation controller time and water days correct 7 Controller& backflow working correctly. 8 Controller adjusted for inclement weather 73 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 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. Trash and Recycling Receptacles 1 Emptied 50%full or weekly 2 Cleaned J Trails 1 Trail ruts filled in, hazards removed and trash and debris removed 2 Weeds removed from trail 3 Irrigation Checked 4 Trees, shrubs ground cover K TRAFFIC CONTROL 1 Required traffic control devices in- place 2 Encroachment permit at site and posted in vehicle 74 Letter and Description of Deficiency Recorded Date Date Number Identified Corrected 75 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 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 76 Water Budget %: Station Run Times: 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 , Station Description of Deficiency Recorded Date Date Number Identified Corrected Notes: Inspector(signature): Inspector(printed name): Affix additional sheets as required. 77 APPENDIX G LANDSCAPE MAINTENANCE DISTRICTS ZONE 22 AREAS DIAGRAMS 78 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT(ZONE 22) i =..=Iiiiill 1 ilei ii i"PINT i 21 PM iiiMEI : r igltli IP it ze . - .^.-(MT"PART) +I •nt:hit • ami 10�ell. 1: . •(»;'...lr'. • y c•o*.=•.n t elxaeesa sa:ases:aasesad r i 11H—�i11iii_i H 0 :. f-(.o,.Puce �(.OT A PART.) " 1 MOT.P . = a_l N E 111 ' . � 111 3 ®. } ? .ryry�.SS =���.�a5ppa5a�a ..il7ppp gyp; `{.,e,la[! ;f3F��J itta t ,...E / •a ..r. i lailllII,9IIilOaili77alill � • •l CCLLCC 111 111111111.81:I A \ / . —, ,.M,, ► : ! .1.0111 '� giilili�i 1 _ •-l a .aa1 i as a 6>g IN 1 1 a 1 6 t n /'' I i lil@IE9iil�lilllil�l®4!®i a"M i-r7..c :x: .i i --- c� ti _' ._cam:"PMn E1 PP..1�3Ha ll l Il@! I i b '� 7�,, i°tW'' .... '_ ;` � hili ''ii'iiii9iil :. l:.ie 111 l:e y....., o �L��_C c rNOT"IMO W�, `w'��...^n Ul19t. Iat!1i ill OaEC93'#i-..l: .�"' fi r.,....n t _. T:..1 ri O OIDT".Ml) Q.. . r k ��...,.......� .....• Y .0 ..... 111-4.P...—t......) •-- -11- UIl1 it ri City of 9ltoopark \ J P 799 MOORPARK AVE MOORPARK CA,93021 .GALE N.T.S. LATE JULY 25,2017 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ZONES OF BENEFIT (ZONE 22) 0 ...., A xi. ' r ` �� } 'l -Y .t - �_ etc "xs _ _ -0,.4' C- _.sem y ,.-,e,-�—...cam �— �7 +�+ / ,/ ��,.-- t,\. -\,_ { s t ice.' 4., —,v. `, ``\. g k a ! _„ ,,,,445,1 /-..... -.. „,.._—,`..'I � --_ ' 1� ` ------- r . 1 \ i ___ ..—____*--1 — j� ,rye I. ' .-, i I . ...... '.._ ":1 , 1 \ 1_1 ,, ( 0.n ji, .7.7 7...................:-,...›........./)0.4.,:c: ' t il' \ A %it t -c, 1.2'3 :1 i 1, \ i _____A.---1 1\ 1 i 51., ! II L LII % -6-,V .i 11.4:\ ', — � \\ X\ 1I?\\ A ! ç: e7—i„,__A-_1_T_--1).-...._....*-___-_4/_ ,'..„.�=''./.---.,'',\4-'.' \, \'mss” / J ..\.-V\-i4i',ts', i\', T'i ..2...4-'-4..‘...4..i:'*,,.,....'4:','//,')I-,\,1 ', ________- , i______-11 ,4. ‘ ,Ar.,. .....4. 1 ,././.. ..., ,,,.....z. . , „,, lk i \ el\ 1:4i5 il 3,'\ ? -:'"* -1,/ i i C --- //: . y." ‘,-- . 1 1\ -,0 0 *b Oir i 1-- :1 ---\\-.. \ \ --,---r----1 \ k..4 -_\ e_,%, ,,,,,., ,,, . ,, ,4_ i 1 1.45 4o $. ! fi,,,t, R1:11 l �f Ci 7. /7, /,/ ,, ,7 '•-//i• '9" 4/' t____st I 1 1 � / 1 // °./ P , , tr, ,..._, ii,-, 1E, . , , / , , ....._ i . -, , __._._ „.. „ _ . , ....._ , . ..4.,,, //i , ' 4 v 4 poi „ 5-1,.vititilio-Li , --,- , vy:__ItiAl-ti ......., , . h ,, , ,§ ....„ .,, , 3 __ ____,,,,_. ____ I. . ,r, \�` 1 ; 0 rim _- 1 0 i ZONE 22 (LIVING SMART DEVELOPMENT) PARKWAY: 6,400 S.F. SLOPE: 81,200 S.F. TRAIL: 22,300 S.F. -, ". City of g1400park NORTI /„„ili, 011 t� ___': 799 MOORPARK AVE NORTH MOORPARK CA,93021 SCALE N.T.S. RATE JULY 25, 2017