HomeMy WebLinkAboutAGENDA REPORT 2018 0801 CCSA REG ITEM 09CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 8/1/2018
ACTION Approved staff
recommendation
BY M. Benson
C. Consider Termination of Agreement with Stay-Green, Inc., and the Approval of
an Agreement with Oakridge Landscape, Inc. for Landscape Maintenance
Services in Zone 22 and the Approval of Agreements with Venco Western, Inc.
for Landscape Maintenance Services in Parks, City-wide Landscape
Maintenance Districts and Districts 1-11, 14, 16, 18, and 21, and Miscellaneous
City Properties. Staff Recommendation: 1) Authorize City Manager to terminate
without cause the agreements with Stay Green Landscape, Inc. for Park
Landscape Maintenance Services; City-wide Landscape Maintenance District,
Zones 1-11, 14, 16, 18, 21, and Miscellaneous City Properties Landscape
Maintenance Services; and Landscape Maintenance District 22 Landscape
Maintenance Services; 2) Award Agreement for Landscape Maintenance
District Zone 22 Landscape Maintenance Services to Oakridge Landscape, Inc.
for $172,770, plus a contingency of $25,000, for the initial ten (10) month term of
the Agreement, to begin September 1, 2018 and $207,324 annual ly, plus an
annual contingency of $31,000 for every subsequent year that the contract is
extended, and authorize the City Manager to execute the Agreement, subject to
final language approval by the City Manager; 3) Award Agreement for Park
Landscape Maintenance Services to Venco Western for $389,226.70, plus a
contingency of $58,000, for the initial ten (10) month term of the Agreement, to
begin September 1, 2018, and $467,072.04 annually, plus an annual contingency
of $70,000 for every subsequent year that the contract is extended, and
authorize the City Manager to execute the Agreement, subject to final language
approval by the City Manager; 4) Award Agreement for City-wide Landscape
Maintenance District, Zones 1-11, 14, 16, 18, 21, and Miscellaneous City
Properties to Venco Western for $252,156.60, plus a contingency of $37,000, for
the initial ten (10) month term of the Agreement, to begin September 1, 2018,
and $302,587.92 annually, plus an annual contingency of $45,000 for every
subsequent year that the contract is extended, and authorize the City Manager to
execute the Agreement, subject to final language approval by the City Manager;
and 5) Direct staff to schedule a budget amendment to be considered by the City
Council at a subsequent regular meeting in August or September addressing
Parks and LMD shortfalls, as discussed in the staff report.
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 08/01/2018 Regular Meeting
SUBJECT: Consider Termination of Agreement with Stay-Green, Inc., and the
Approval of an Agreement with Oakridge Landscape, Inc. for
Landscape Maintenance Services in Zone 22 and the Approval of
Agreements with Venco Western, Inc. for Landscape Maintenance
Services in Parks, City-wide Landscape Maintenance Districts and
Districts 1-11, 14, 16, 18, and 21, and Miscellaneous City Properties
BACKGROUND
In September 2017, after a formal bidding process, the City Council approved
Agreements with Stay Green, Inc. (Stay Green) for the following landscape
maintenance services:
1) Landscape Maintenance Services – Parks
2) Landscape Maintenance Services – Landscape Maintenance District (LMD)
Citywide Zones, LMD Zones 1-11, 14, 16, 18, 21, and Miscellaneous City
Properties
3) Landscape Maintenance Services – LMD Zone of Benefit 22
In May 2018, the City amended the Agreements by providing six month extensions,
which will expire on December 31, 2018.
DISCUSSION
During the approximate eighteen month period that Stay Green has performed
landscape maintenance services in the City, they have struggled to provide adequate
staffing levels to ensure that all the requirements under the contract specifications for all
three Agreements have been met. Staff is recommending that the City Council
authorize the City Manager to terminate Stay Green’s agreements ‘without cause’, as
the City will not be seeking recovery of compensation for services rendered due to
service level deficiencies, beyond the amount that may be collected under the liquidated
Item: 9.C.
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damages clause of the agreements. The current agreements with Stay Green allow the
City to terminate the Agreement without cause with ten (10) days written notice. If
authorized by City Council, staff would issue the termination notice August 2, 2018
making the official contract termination effective August 12, 2018.
In order to provide landscape maintenance services in the areas currently maintained
by Stay Green, staff has contacted the second lowest bidders from the 2017 formal
bidding to see if they will honor their submitted bid pricing for each of these areas.
Oakridge Landscape, Inc. (Oakridge) was the second low bidder for LMD 22 and
confirmed their willingness to maintain their pricing. Venco Western, Inc. (Venco) was
the second lowest bidder for both the Parks, and the City-wide LMDs, LMD Zones 1-11,
14, 16, 18, 21, and Miscellaneous City Properties. Venco has also confirmed their
willingness to honor their 2017 bid pricing. Both contractors have indicated a willingness
to have their additional services commence on September 1, 2018.
2017 Bid Amounts:
LMD Zone 22:
Bidder Proposals (Annual Cost)
Stay-Green Inc. $180,212
Oakridge Landscape Inc. $218,100
Parks
Bidder Proposals (Annual Cost)
Stay-Green Inc. $419,040
Venco Western, Inc. $477,072
Citywide LMD Zones, LMD Zones 1-11, 14, 16, 18, 21
and miscellaneous City properties:
Bidder Proposals (Annual Cost)
Stay-Green Inc. $217,848
Venco Western, Inc. $312,588
Currently the contract specifications require a dedicated supervisor for each contract
assigned to the contractors. However, both companies have suggested that the size of
the landscape areas are relatively small and suggested the assignment of one
additional crew member in lieu of a full time supervisor dedicated to each contract. The
supervisor position would be split equally between the two contracts. Currently
Oakridge maintains LMD Zones 12, 15 and will maintain LMD 20 once it has been
turned over to the City. Oakridge will provide one full time supervisor to manage LMD
Zones 12, 15, 20 and 22. Venco will provide one full time Supervisor to manage both
the Parks, and the Citywide LMD, LMD Zones 1-11, 14, 16, 18, 21, and the
Miscellaneous City Properties. This change in the contract specifications will reduce the
total cost from Oakridge’s 2017 bid proposal by approximately $11,000 annually, and
will reduce the total cost from Venco’s 2017 bid proposals by approximately $20,000
annually. Staff is supportive of this change, as an additional crew member that will
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provide labor support may be more beneficial than having a dedicated supervisor
assigned to each contract. Additionally, regardless of the staffing levels, the contractors
will be held accountable to maintain the landscape areas per the contract specifications.
Public Contract Code Section 22002 specifically excludes landscape maintenance from
the requirements for public bidding, so the City is not required to bid these services. In
addition, this type of maintenance contract is also not subject to the City’s Municipal
Code requirements for formal bidding (Moorpark Municipal Code Section 3.04.290).
This means that the City is permitted to award a contract for the services currently
performed by Stay Green to other contractors without first having to go back out for
formal bids. In addition, because the City recently completed the bidding process for this
work City staff believes that the other two contractors and their pricing reflect current
market conditions and awarding contracts to them will further the City’s goal of obtaining
high quality services for a competitive cost. For these reasons, staff is recommending
awarding agreements to Oakridge for LMD 22 and Venco for the City-wide LMDs, LMD
Zones 1-11, 14, 16, 18, 21, and Miscellaneous City Properties. The initial term for both
agreements will be 10-months, with an option to extend the agreement for two
additional one-year terms.
FISCAL IMPACT
The termination of Stay-Green’s agreements will result in an increase in landscape
maintenance costs for all the areas they served.
Oakridge’s annual cost for LMD 22 is $207,324, which represents a $27,112 increase
over Stay Green’s annual cost. LMD 22 is a fully funded district and there are sufficient
revenues to cover the increased costs.
Venco’s annual cost for the parks is $467,072, which is an increase of $48,032.04.
Since the Parks fund is not fully funded, this increase will represent an increased
General Fund subsidy to the Parks fund of about $45,222. The subsidy was decreased
by a lower annual cost for maintenance at the Veteran’s Memorial Park, Virginia Colony
Park, Villa Campesina Park, Serenata Trail and Walnut Acres Park under the new
agreement.
Venco’s annual cost for the LMD areas is $302,587.92 which is an increase of
$84,739.92. This represents an increase in the General Fund subsidy for the unfunded
zones (City-wide Zone, Zones 1, 2, 3, 7, 8, 9 and14) of about $34,779.50. Staff will be
scheduling a budget amendment agenda report for a subsequent regular meeting in
August or September to address the shortfalls within the various Parks and LMD
accounts.
Staff recommends awarding an Agreement to Oakridge Landscape for LMD Zone 22 in
the amount of $172,770, plus a $25,000 contingency, for the initial ten month term,
which expires on June 30, 2019, with an option to extend the agreement for two (2)
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additional one (1) year terms, and includes an annual contract value of $207,324 for
every subsequent year the agreement is extended, plus an annual contingency for
various landscape repairs of $31,000.
Staff is also recommending awarding two Agreements to Venco Western for the Parks
and for the City Wide Zones, Zone 1-11, 14, 16, 18, 21, and Miscellaneous City
properties. Venco’s Parks agreement will be in the amount of $389,226.70, plus a
$58,000 contingency, for the initial ten month term, which expires on June 30, 2019,
with an option to extend the Agreement for two (2) additional one (1) year terms, and
includes an annual contract value of $467,072.04 for every subsequent year the
agreement is extended, plus an annual contingency for various landscape repairs of
$70,000. Venco’s LMD Agreement will be in the amount of $252,156.60, plus a
$37,000 contingency, for the initial ten month term, which expires on June 30, 2019,
with an option to extend the Agreement for two (2) additional one (1) year terms, and
includes an annual contract value of $302,587.92 for every subsequent year the
agreement is extended plus an annual contingency for various landscape repairs of
$45,000.
STAFF RECOMMENDATION
1. Authorize City Manager to terminate without cause the agreements with Stay
Green Landscape, Inc. for Park Landscape Maintenance Services; City-wide
Landscape Maintenance District, Zones 1-11, 14, 16, 18, 21, and Miscellaneous
City Properties Landscape Maintenance Services; and Landscape Maintenance
District 22 Landscape Maintenance Services; and
2. Award Agreement for Landscape Maintenance District Zone 22 Landscape
Maintenance Services to Oakridge Landscape, Inc. for $172,770, plus a
contingency of $25,000, for the initial ten (10) month term of the Agreement, to
begin September 1, 2018 and $207,324 annually, plus an annual contingency of
$31,000 for every subsequent year that the contract is extended, and authorize
the City Manager to execute the Agreement, subject to final language approval
by the City Manager; and
3. Award Agreement for Park Landscape Maintenance Services to Venco Western
for $389,226.70, plus a contingency of $58,000, for the initial ten (10) month term
of the Agreement, to begin September 1, 2018, and $467,072.04 annually, plus
an annual contingency of $70,000 for every subsequent year that the contract is
extended, and authorize the City Manager to execute the Agreement, subject to
final language approval by the City Manager; and
4. Award Agreement for City-wide Landscape Maintenance District, Zones 1-11, 14,
16, 18, 21, and Miscellaneous City Properties to Venco Western for $252,156.60,
plus a contingency of $37,000, for the initial ten (10) month term of the
Agreement, to begin September 1, 2018, and $302,587.92 annually, plus an
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annual contingency of $45,000 for every subsequent year that the contract is
extended, and authorize the City Manager to execute the Agreement, subject to
final language approval by the City Manager.
5. Direct staff to schedule a budget amendment to be considered by the City
Council at a subsequent regular meeting in August or September addressing
Parks and LMD shortfalls, as discussed in the staff report.
Attachments:
1. Agreement – Oakridge Landscape, Inc. – Zone 22
2. Agreement – Venco Western, Inc. - Parks
3. Agreement – Venco Western, Inc. – City-wide Zones, Zone 1-11, 14,16,18, 21
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PAGES 43-46
LEFT BLANK INTENTIONALLY
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
OAKRIDGE LANDSCAPE, 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
________________________, 2018, 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) 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, Contractor has submitted to City a Proposal, which is attached
hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from September 1, 2018, and will expire on
June 30, 2019, 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 two (2) 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 Proposal, 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: Contractor
Performance Requirements and Specifications, 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.
Attachment 1
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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 ninety-seven thousand seven hundred seventy dollars ($197,770), which
includes a contingency of twenty-five thousand dollars ($25,000), for the first ten 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 thirty-eight thousand three hundred twenty-four dollars
($238,324) annually, which includes an annual contingency in the amount of thirty-one
thousand dollars ($31,000), 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.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
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5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed one hundred ninety-seven
thousand seven hundred seventy dollars ($197,770), which includes a contingency of
twenty-five thousand dollars ($25,000), for the first ten months of the Agreement. During
subsequent extended terms compensation shall not exceed the rates or contract value
of two hundred thirty-eight thousand three hundred twenty-four dollars ($238,324)
annually, which includes an annual contingency in the amount of thirty-one thousand
dollars ($31,000), for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Contractor shall not be compensated for any 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.
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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 perform services, adhere to the service schedule, service
a system, perform all required service and repairs, or in any other way fails to meet the
terms of this Agreement, Contractor shall forfeit and pay to the City liquidated damages
as defined in Exhibit D. 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
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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
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
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This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and
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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
or within the past one (1) year, and further covenants and agrees that Contractor and/or
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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 Ave.
Moorpark, CA 93021
To: Jeffrey Myers, President
Oakridge Landscape, Inc.
28064 Avenue Stanford, Unit K
Valencia, CA 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.
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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.
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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.
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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.
_______________________________ _______________________________
Troy Brown, City Manager Jeffrey Myers, President
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
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
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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
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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
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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
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE 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.
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(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.
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(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.
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(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.)
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EXHIBIT D
LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 22
CONTRACTOR PERFORMANCE REQUIREMENTS & SPECIFICATIONS
(Appendices A – H)
APPENDIX A: EXECUTION OF CONTRACT
APPENDIX B: CONTRACTOR’S PERFORMANCE REQUIREMENTS
APPENDIX C: SCOPE OF WORK
APPENDIX D: AREAS TO BE MAINTAINED
APPENDIX E: INTENT TO SPRAY
APPENDIX F: CONTRACTOR’S WEEKLY INSPECTION REPORT
APPENDIX G: CONTRACTOR’S WEEKLY IRRIGATION REPORT
APPENDIX H: AREA DIAGRAMS
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APPENDIX A
EXECUTION OF CONTRACT
Contractor shall execute the Agreement within fifteen (15) Days from the date of delivery of
the Contract Documents to the Contractor. Additionally, Contractor shall also secure all
insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15)
Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to
execute the Agreement or to conform to any of the stipulated requirements shall be just
cause for the annulment of the award.
The Contractor shall not begin Work until it has given the City evidence of all required
insurance coverage (including all additional insured endorsements), and a Bond
guaranteeing the Contractor’s faithful performance of the Contract on the form contained
herein.
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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 _____________________, 2018, 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
_________________, 2018.
{SIGNATURES NEXT PAGE}
71
(Corporate Seal) ________________________________
(Principal)
Notarial Certificate
Attached
By______________________________
________________________________(Title)
(Corporate Seal) ________________________________
(Surety)
Notarial Certificate
Attached
By______________________________
________________________________
(Title)
72
PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN THE
SPACE PROVIDED BELOW
SURETY – Contact Information
__________________________________________
Attn:______________________________________
Address:___________________________________
City State Zip_______________________________
Phone #:___________________________________
BROKER – Contact Information
__________________________________
Attn:_______________________________
Address:___________________________
City State Zip _______________________
Phone#
________________________________
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SAMPLE INSURANCE FORMS
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75
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APPENDIX B
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m. (“working
hours”), with the exceptions noted. 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) half-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
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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 twenty
(20) hours per week, except as required to obtain equipment and supplies necessary
for regular maintenance activities, and to attend company meeting and events
necessary during the normal course of business.
3. 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:
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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.
I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be
responsible for the protection of all improvements adjacent to the work, such as sprinklers,
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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.
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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 C 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
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required repairs and corrections. If corrections and repairs are not completed within the
allocated time, the Contractor may incur liquidated damages, as more fully described below.
If Contractor fails to repair or correct deficiencies within five (5) working days past the time
line approved by the City, Contractor may be found in nonconformance with the Contract
and City, at its discretion, may take corrective action at Contractor’s sole expense, plus 15%
administrative fee and assessed liquidated damages. Such fees and expenses shall be
deducted from Contractor’s invoice.
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 C).
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.
O. The Contractor shall prepare and submit to the City Representative at the end of each
month, a Contractor Weekly Report (Appendix F). 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 G). A separate report shall be
prepared for each park location and shall identify the current irrigation schedule and station
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run times, any changes made to the irrigation schedule within the inspection period, any
damages or repairs to the irrigation system and any other information requested by the City.
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.
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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,
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and the number of components involved Report shall be submitted within one
(1) business day.
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
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segregate the aforementioned materials to maximum extent possible. Contractor
shall not, at any time, dispose of materials resulting from work not related to this
Contract in any City provided bin. If requested by the City, Contractor shall make
every effort to estimate tonnage disposed.
2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris
shall be disposed in the bin and not allowed to accumulate on the floor of the
enclosure. If a bin is full and will not accommodate additional debris, Contractor shall
notify City immediately and depose of remaining debris in an alternative City bin. Bin
lids shall remain closed. Trash enclosure gates shall be closed and locked when the
Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash
enclosures shall be immediately reported to the City Representative whenever
observed by 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
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door locks, re-programing key card access site(s), staff time, and a fifteen percent
(15%) administration fee.
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.
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APPENDIX C
SCOPE OF WORK
A. MOWING:
1. Mowing equipment shall be a power driven reel-type equipped with rollers or a rotary-
type deck mower, and shall be configured so that the outer edges of the mower
blades are covered with protective guards in accordance with manufacturer’s design
specification. Mowing activity shall leave no signs of visible clippings on turf and shall
be in alternating patterns. Blades shall be kept sharp at all times.
2. Turf shall be mowed to the minimum height of 1 ½" - 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 ½ 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
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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
B, 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.
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b. Application of the fertilizer shall be done in sections in accordance with the
area covered by the timing stations on the automatic irrigation controllers so
that the soil may be thoroughly soaked immediately after the fertilizer is
broadcast.
D. SHRUB AND GROUND COVER FERTILIZATION:
1. 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
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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.
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.
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c. Pruning for shape and form shall include lifting of low tree branches to prevent
hazards.
d. Pruning shall be done with clean sharp tools. Cuts shall be made parallel with
the collar but close enough to allow cambium growth around wound, per ISA
standards.
e. 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 1½ 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.
i. 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
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responsibility to obtain and practice these pruning standards on all tree work
performed. The Contractor agrees to accept all responsibility for the
replacement of trees damaged by Contractor’s pruning operations, if so
determined by the City that replacement is required.
b. Where necessary, as determined by the City Representative, Contractor shall
provide and post no parking signs 48 hours in advance of the work, except
when emergency work is necessary.
4. Tree / Shrub Replacement: 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
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Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State
certification for categories specific to each pesticide for recommendation or use.
Contractor shall be in strict compliance with all pesticide directives and laws governed
by the County of Ventura Agricultural Commissioner’s Office and be identified in the
City of Moorpark’s Restricted Materials Permit before conducting any Pesticide
operations in the City.
The Contractor shall not store Pesticides on City owned property at any time and for
any reason without exception.
Contractor shall provide the City with photocopies of 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 E) 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 E) 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.
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b. That the herbicide has no harmful effect upon desirable plant materials.
c. That the herbicide shall be applied at the manufacturer's recommended rates
and shall conform with manufacturer's application instructions.
4. 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.
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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.
I. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS:
1. All pesticides, herbicides, rodenticides and insecticides to be used that are
designated “restricted” by the State of California Department of Pesticide Regulation,
shall be approved by the City Representative prior to use. 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.
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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.
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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).
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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.
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The Contractor’s irrigation technician shall have a minimum of seven (7) years of
experience at the technician level and have WeatherTrak experience. Fourteen (14)
days prior to the start of any work, the Contractor shall submit to the City information
that demonstrates the technician’s qua lifications, 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 B, 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
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and geographic location. All landscape and turf areas shall be irrigated as
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 G): 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.
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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.
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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
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.
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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.
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.
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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
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.
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APPENDIX D
LANDSCAPE MAINTENANCE DISTRICTS
AREAS TO BE MAINTAINED (AREA DESCRIPTIONS)
ZONE 22
DESCRIPTION
SIZE MAP
1. Zone 22 Moorpark Highlands (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.
1,379,279 s.f. Z22
2. Zone 22 Moorpark Highlands (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.
69,016 s.f. Z22
3. Zone 22 Moorpark Highlands (Medians Spring Road):
Spring Road from Charles Street northerly to Walnut Canyon
Road.
73,845 s.f. Z22
4. Zone 22 Moorpark Highlands (Medians Ridgecrest
Drive & Elk Run Loop):
Ridgecrest Drive from Spring Road to Hightop Street.
Elk Run Loop from Spring Road to Ridgecrest Drive.
26,075 s.f. Z22
5. Zone 22 Moorpark Highlands (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.
242,798 s.f. Z22
6. Zone 22 Moorpark Highlands (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.
101,394 s.f. Z22
7. Zone 22 Moorpark Highlands (Living Smart
Development):
Parkways and slopes north side of Ridgecrest Drive east of Elk
109,900 s.f.
Z22
107
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.
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APPENDIX E
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:______________
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APPENDIX F
CITY OF MOORPARK
CONTRACTOR WEEKLY INSPECTION REPORT
Contractor: _______________________________________________Date:_________to__________
Location: _________________________________________________________________________
Inspector: _____________________________________________________________
Retain document for 3 years after inspection.
Area Inspected
WEEK
1 2 3 4
DEFICIENCY
Yes (Y) or
No (N)
Description/See
detailed report below
A. Landscape
1 Damages – Traffic Accident,
Vandalism, Theft, etc.
2 Mowing, edging, trimming has been
completed
3 Trees and shrubs have been
maintained, planters weeded
4 Shrubs, turf or tree replacement
needed
5 Turf areas are weed free (herbicide
applicator scheduled?) provide
6 Turf areas inspected for hazards such
as holes, mounds, rocks, glass and
other debris and removed daily (list
hazards removed)
B. Trees
1 12” tree wells have been maintained
2 No sucker growth or low limb
obstructions
3 Tree supports and stakes are secure
4 Tree contractor (WCA) services are
required
C. 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
110
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
111
Letter and
Number
Description of Deficiency Recorded Date
Identified
Date
Corrected
112
APPENDIX G
CITY OF MOORPARK
CONTRACTOR’S WEEKLY IRRIGATION INSPECTION REPORT
Contractor:_________________________ Date: ______________
Park Name:_________________________ Controller: _____________________
Inspector:__________________________
IRRIGATION INSPECTION
Station Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
IRRIGATION INSPECTION
Station Number 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf 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 ______
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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 __,
Notes:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________
Inspector (signature):_____________________________
Inspector (printed name):__________________________
Affix additional sheets as required.
Station
Number Description of Deficiency Recorded Date
Identified
Date
Corrected
114
APPENDIX H
LANDSCAPE MAINTENANCE DISTRICTS
ZONE 22
AREA DIAGRAMS
115
116
117
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC., FOR
LANDSCAPE MAINTENANCE SERVICES - PARKS
THIS AGREEMENT is made and effective as of this _________ day of
________________________, 2018, between the City of Moorpark, a municipal
corporation (“City”) and Venco Western, Inc., a corporation (“Contractor”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for landscape maintenance services, plus
additional repair and installation services related to City Parks and miscellaneous City
properties; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal, which is attached
hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from September 1, 2018, and will expire on
June 30, 2019, 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 two (2) additional one (1)
year periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide for landscape maintenance services, plus additional
repair and installation services related to City Parks and miscellaneous City properties,
as set forth in Exhibit C: Contractor’s Proposal, 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: Contractor Performance Requirements
and Specifications, 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.
Attachment 2
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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
four hundred forty-seven thousand two hundred twenty-six dollars and seventy cents
($447,226.70), which includes a contingency of fifty-eight thousand dollars ($58,000),
for the first ten 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 five hundred thirty-seven thousand
seventy-two dollars and four cents ($537,072.04) annually, which includes an annual
contingency in the amount of seventy thousand dollars ($70,000.00), 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 Linda Burr, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
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5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed four hundred forty-seven
thousand two hundred twenty-six dollars and seventy cents ($447,226.70), which
includes a contingency of fifty-eight thousand dollars ($58,000.00), for the first ten
months of the Agreement. During subsequent extended terms compensation shall not
exceed the rates or contract value of five hundred thirty-seven thousand seventy-two
dollars and four cents ($537,072.04) annually, which includes an annual contingency in
the amount of seventy thousand dollars ($70,000.00), 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.
Upon termination or suspension of the Agreement pursuant to this Section, the
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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 perform services, adhere to the service schedule, service
a system, perform all required service and repairs, or in any other way fails to meet the
terms of this Agreement, Contractor shall forfeit and pay to the City liquidated damages,
as defined in Exhibit D. 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
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such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
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This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
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14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
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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 Ave.
Moorpark, CA 93021
To: Linda Burr, President
Venco Western, Inc.
2400 Eastman Ave.
Oxnard, CA 93030
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown, City Manager Linda Burr, President
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
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
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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
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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
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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
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE 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.
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(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.
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(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.
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(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.)
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Exhibit C
CONTRACTOR PROPOSAL
DESCRIPTION MONTHLY BID AMOUNT
1 Arroyo Vista Community Park $17,166.67
2 Campus Park $660.00
3 Campus Canyon Park $1,325.00
4 Community Center Park $265.00
5 Country Trail Park $2,112.00
6 College View Park $1,452.00
7 Glenwood Park $1,188.00
8 Magnolia Park $265.00
9 Mammoth Highlands Park $1,821.00
10 Miller Park $1,716.00
11 Monte Vista Park $1,320.00
12 Mountain Meadows Park $2,112.00
13 Peach Hill Park $2,640.00
14 Poindexter Park $1,980.00
15 Tierra Rejada Park $2,112.00
16 Veterans Memorial Park $80.00
17 Virginia Colony Park $396.00
18 Villa Campesina Park $132.00
19 Serenata Trail $100.00
20 Walnut Acres Park $80.00
Total Monthly Cost $38,922.67
• Price must include labor, material, and equipment to perform work, in accordance
with the contract documents and specifications.
• The City reserves the right to discontinue park landscape maintenance services at any
of the locations listed, at any time. The Contractors monthly bid amount shall remain
in effect at all other areas until the Agreement with City and Contractor has
been terminated.
• The Contractor shall be notified in writing as to the date to commence park
landscape maintenance services if it is different than September 1, 2018.
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EXHIBIT D
LANDSCAPE MAINTENANCE SERVICES – PARKS
CONTRACTOR PERFORMANCE REQUIREMENTS & SPECIFICATIONS
(Appendices A – G)
APPENDIX A: EXECUTION OF CONTRACT
APPENDIX B: CONTRACTOR’S PERFORMANCE REQUIREMENTS
APPENDIX C: SCOPE OF WORK
APPENDIX D: AREAS TO BE MAINTAINED
PARK SITE DESCRIPTIONS AND LOCATION MAPS
APPENDIX E: CONTRACTOR’S WEEKLY INSPECTION REPORT
APPENDIX F: CONTRACTOR’S WEEKLY IRRIGATION REPORT
APPENDIX G: CONTRACTOR’S INTENT TO SPRAY NOTIFICATION
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APPENDIX A
EXECUTION OF CONTRACT
Contractor shall execute the Agreement in the form included in these Contract Documents
within fifteen (15) Days from the date of delivery of the Contract Documents to the
Contractor. Additionally, Contractor shall also secure all insurance and Bonds as herein
specified, and provide copies to the City, within fifteen (15) Days from the date of delivery of
the Contract Documents to the Bidder. Failure or refusal to execute the Agreement or to
conform to any of the stipulated requirements shall be just cause for the annulment of the
award.
The Contractor shall not begin Work until it has given the City evidence of all required
insurance coverage (including all additional insured endorsements), and a Bond
guaranteeing the Contractor’s faithful performance of the Contract on the form contained
herein.
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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 _____________________, 2018, 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
_________________, 2018.
{SIGNATURES NEXT PAGE}
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(Corporate Seal) ________________________________
(Principal)
Notarial Certificate
Attached
By______________________________
________________________________(Title)
(Corporate Seal) ________________________________
(Surety)
Notarial Certificate
Attached
By______________________________
________________________________
(Title)
142
PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER
IN THE SPACE PROVIDED BELOW
SURETY – Contact Information
________________________________________
Attn:___________________________________
Address:________________________________
City State Zip______________________________
Phone #:__________________________________
BROKER – Contact Information
_______________________________
Attn:____________________________
Address:________________________
City State Zip
____________________________
Phone#
_______________________________
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SAMPLE INSURANCE FORMS
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145
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APPENDIX B
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00
p.m. (“working hours”). No work shall be performed on Saturday, Sunday, or
City approved holidays, or outside of these specified times, without prior
written approval from the representative designated by the City (herein
after referred to as ‘City Representative’), except for emergency situations,
or unless otherwise indicated in this Contract. Contractor must notify the City
Representative within twenty-four (24) hours in the event of emergency work.
2. All restroom facilities shall be cleaned and in operation no later than 8:00
a.m., Monday through Friday. With prior written approval, the contractor
shall be allowed to begin maintenance services within the restroom
facilities at 6:00 a.m., Monday through Friday. All parks facilities shall be
opened as follows:
Facility Days per week Open
Arroyo Vista Community Park M, T, W, Th, F 6:00 a.m.
Restrooms M, T, W, Th, F 8:00 a.m.
Dog Park M, T, Th, F 7:00 a.m.
Dog Park (maintenance) W 12:00 p.m.
Skate Park M, T, W, Th, F 10:00 a.m.
Skate Park (holiday schedule) M, T, W, Th, F 8:00 a.m.
Tennis Courts M, T, W, Th, F 7:00 a.m.
Schedule is subject to change per City’s discretion.
3. Contractor shall be responsible for any costs incurred by the City
including, but not limited City staff's overtime hourly rate and any related
costs, for any City approved work performed by the Contractor on
weekends and/or holidays, which may require verification and inspection by
City staff. City staff overtime costs shall be assessed as follows (subject
to change per current salary distribution):
Parks and Recreation Director: $315/hr.
Landscape/Parks Maintenance Superintendent or Supervisor: $195/hr.
Maintenance Worker III: $105/hr.
4. The Contractor shall have staff available by phone contact (not an
answering service) including, but not limited to Contractor’s on-site
supervisor(s) and irrigation technician(s), Monday through Friday,
between 7:00 a.m. and 5:00 p.m. to respond to callouts, questions, and
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verification of schedules.
5. Non-working City holidays include: New Year’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Contractor shall have personnel in place to carry out the responsibilities of
this Contract on all other City holidays if they fall on a weekday.
6. Fourteen (14) days prior to the start of any work, the Contractor shall
submit to the City a proposed maintenance schedule. The schedule shall
include a list of all activities specified in the Scope of Work (Appendix C) by
location, with respective days of the week and time of day said activities will
be performed. After City approval, any revisions to the approved
schedule must be authorized in writing by the City Representative.
7. The use of leaf blowers or air broom is prohibited, except between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
B. SUPERVISION:
1. Contractor shall provide a minimum of one (1) half-time on-site landscape
maintenance supervisor, fully trained in all aspects of landscape
maintenance and repair, and a minimum of one (1) full time on-site
irrigation technician. Said supervisor (s) and technician (s) shall have a
minimum of seven (7) years of experience at the supervisory and
technician level. Fourteen (14) days prior to the start of any work, the
Contractor shall submit to the City information that demonstrates the
supervisor’s and technician’s qualifications for City review and approval.
During the term of the Contract, the City Representative shall approve any
changes to the landscape maintenance supervisor position and irrigation
technician positions.
2. The landscape maintenance supervisor shall remain on site for a minimum
of twenty (20) hours per week, except as required to obtain equipment
and supplies necessary for regular maintenance activities, and to attend
company meeting and events necessary during the normal course of
business.
3. 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
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performed by competent employees and supervised by a person(s)
experienced in supervising landscape maintenance operations.
5. Contractor shall ensure that its employees are dressed in a company
uniform shirt recognizable as Contractor’s employee.
6. Contractor shall ensure all contractor owned vehicles are clearly marked
with company name and phone number, in clean condition, and in good
working condition while conducting maintenance operations in the City of
Moorpark.
C. COMMUNICATION/EMERGENCY RESPONSE:
1. Contractor shall have the ability to contact their field crews within fifteen (15)
minutes of notification by City Representative during normal working hours.
2. Contractor shall provide capabilities for twenty-four (24) hours per day,
seven (7) days a week service. Contractor shall provide a 24-hour
emergency contact person, who is familiar with the City’s maintenance
operation, with phone number (not an answering service) for non-working
hours, including weekends and holidays.
3. During an after-hours emergency situation, the Contractor shall provide on-
the-job response time of no more than one (1) hour maximum upon
notification by City.
D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at
Contractor’s sole expense, shall furnish all necessary equipment, supplies, and
materials of good quality and in the amounts necessary to fulfill these
specifications and to accomplish an acceptable and professional level of
maintenance, as determined by the City Representative. The quality and
quantity of materials provided by Contractor must be approved by the City
Representative. These supplies and materials shall include, but not be limited to:
1. All necessary fuel, oil, equipment, machinery, and parts.
2. All necessary pesticides, herbicides, insecticides, and rodenticides and all
relevant licenses.
3. All necessary fertilizers and soil amendments.
4. All custodial, restroom and trash container supplies, including trash can
liners, restroom paper products, restroom hand soap if requested by City,
disinfectants and cleaning solutions, etc., as approved by the City.
5. All necessary horticultural supplies and landscape tools.
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6. All parts necessary for the repair and proper maintenance of all irrigation
systems.
7. All materials are to be new and identical to existing manufacturer and
model number, unless directed otherwise by the City Representative.
E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully
responsible for any and all damage to City property resulting from the
Contractor's operations. This shall include, but not be limited to, the repair,
removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf
grass, irrigation system, ground cover or other landscape items that are lost or
damaged due to negligence in pest and disease control practices; and/or due to
improper watering, fertilizing, herbicide damage, or lack of proper maintenance and
operations. This shall also include any damage to buildings, infrastructure,
hardscape, and other improvements due to Contractor's negligence. The City
Representative shall determine if the contractor is negligent. The City shall be
responsible for replacing any plant material that is damaged or destroyed as a
result of acts of vandalism or theft.
F. UNDERGROUND SERVICE ALERT SYSTEM (USA): Underground service alert
systems (USA) must be notified a minimum of 48 hours in advance prior to
commencing work that involves digging underground. This notification is required
for each location said work is performed. Written verification of such notification
shall be provided to the City Representative prior to commencing work.
G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to
the relevant utility company, as well as to the City Representative. The cost of the
repair, if required, will be at the Contractor’s expense. If damage occurs to any
landscape material, irrigation system components, adjacent hardscape surfaces
or other property, immediate repair or necessary replacement of the same shall
be at the Contractor’s sole expense.
H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to
private property, the Contractor shall notify, in writing, each affected property
owner or responsible person, informing him of the nature of, and the
approximate duration of the restriction. Contractor shall also provide a copy of
said notification to the City Representative prior to commencing such work.
I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:
Contractor shall be responsible for the protection of all improvements adjacent to the
work, such as irrigation system components, drain pipes, lawns, brick work, plants,
masonry work, fences, walls, sidewalks, street paving, etc., located on either
public or private property. If any improvements are removed or damaged, other
than those designed for removal, then such improvements shall be replaced
in kind at the Contractor’s sole expense, and to the City’s satisfaction, within forty-
eight (48) hours. If the Contractor fails to render proper repairs within the 48 hour
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limit, the City will make the repairs and deduct the cost of such repairs, plus
15% administrative costs, from the Contractor’s monthly bill.
J. TRAFFIC CONTROL:
1. Contractor shall conform to all California Vehicle Code, and CAL OSHA
requirements and operating rules at all times this Contract is in effect.
Contractor shall obtain an annual City Encroachment Permit and adhere to
such conditions for street work. Contractor shall conduct all work in a
manner that will insure continuous traffic flow on all streets, at all times. In
situations where it is necessary to restrict traffic flow, the Contractor shall
contact the City Public Works Inspector prior to start of work. Contractor
shall be responsible for supplying and using all safety equipment
necessary to close or delineate traffic lanes to through traffic. This is to
include a high visibility arrow board. Prior to closing lanes and/or
interfering with the flow of traffic, Contractor shall seek the approval of the
City Representative. Twenty four (24) hour notification is required. City
shall set days of the week and times when traffic lanes may be closed.
2. Signs used for handling traffic during the course of this project shall be in
accordance with the “Work Area Traffic Control Handbook” (WATCH)
published by Building News, Inc., and made a part of these detailed
specifications. The method in which signs, barriers, and other
miscellaneous traffic devices are used during construction shall be in
accordance with the publication mentioned. A copy of said publication is on
file at the Moorpark Public Services Facility. All signs shall be
illuminated or reflectorized when they are used during hours of darkness. All
cones, pylons, barricades, or posts used in the diversion of traffic shall be
provided with flashers or other satisfactory illumination if in place during
hours of darkness.
3. Traffic control and detours conforming to all the provisions of these
specifications, unless otherwise specified and itemized in the bid
schedule, shall be included in the Contract unit or lump sum prices paid for
various items of work wherein traffic control and/or detours are
required, without additional compensation.
4. Liquidated damages shall be assessed in the amount of One Hundred
Fifty dollars ($150.00) for each day that the Contractor fails to conform to any
California Vehicle Codes, CAL OSHA requirements or traffic control
measures as described in these specifications.
K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual
City encroachment permit.
L. SUBCONTRACTORS: Contractor shall only use subcontractors in the
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performance of this Contract listed on the Subcontractor(s) form submitted with the
bid documents. All subcontractors shall be licensed and shall only provide the
services listed and licensed to perform. Any subcontractor not listed on the
Subcontractors (2) form or any changes made to the subcontractors used by the
Contractor during the term of the Contract, shall be approved in writing by the City
Representative. The City reserves the right to reject the services of any
subcontractor, for any reason, and at any time during the performance of this
Contract.
M. HAZARDOUS WASTE AND NPDES REQUIREMENTS:
1. Contractor shall comply with CAL OSHA standards and the American
National Standard Institute, Z133.1.1988 Safety Requirements in the
performance of all work under this Contract. The Contractor shall
conduct the work required in such a manner as to cause the least amount of
interference to the public and the general operations of the City.
2. Contractor shall be responsible for compliance will all Federal and State
hazardous waste and materials requirements, codes and laws. Any
situations involving the use of, or observance of, hazardous waste or
materials shall be reported to the City Representative immediately.
3. Contractor shall be responsible for compliance with all Federal, State and
local requirements, codes and laws regarding National Pollutant
Discharge Elimination System (NPDES). Information and specifications can
be found in the document entitled, “Stormwater Pollution Control
Guidelines for Construction Sites,” which by reference is a part of these
specifications and is available for review at the Moorpark City Hall front
counter.
4. Contractor shall implement all necessary steps to ensure the methods and
practices it uses to carry out its responsibilities under this contract comply
with NPDES, including but not limited to: maintaining a clean work site;
properly disposing of all debris; appropriate storage of materials;
managing and operating vehicles and equipment in a manner to prevent
leaks and spills; preventing pollution of the storm drain system during
import, export, stockpiling, and spreading of landscape debris and
materials, and preventing and controlling the discharge of soil sediments,
fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning
solutions, and other chemicals.
N. INSPECTION TOUR AND PUNCH LIST AND SCHEDULE: The Contractor shall
accompany the City Representative on a, no less than weekly, inspection tour of
landscaped areas at a time specified by the City Representative. The
Contractor shall provide a detailed written punch list of all areas maintained for
review by the City Representative within twenty-four (24) hours of completing said
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inspection tour. The punch list shall contain a detailed list of broken and/or
inoperable sprinklers, irrigation malfunctions, landscape deficiencies, and it
shall identify the location of deficiencies and a written timeline for completion.
Contractor shall be expected to make repairs and correct deficiencies within five (5)
business days, unless the repair requires immediate response or is otherwise
stated herein. Contractor shall provide the City Representative with a follow up
punch list documenting the status of required repairs and corrections. If
corrections and repairs are not completed within the allocated time, the
Contractor may incur liquidated damages, as more fully described in Section O. If
Contractor fails to repair or correct deficiencies within five (5) working days past
the time line approved by the City, Contractor may be found in nonconformance
with the Contract and City, at its discretion, may take corrective action at
Contractor’s sole expense, plus 15% administrative fee, and assessed liquidated
damages. Such fees and expenses shall be deducted from Contractor’s invoice.
The Contractor shall prepare and submit to the City Representative at the end of
each month, a Contractor Weekly Inspection Report (Appendix E). A separate
report shall be prepared for each park location and shall identify all maintenance
items that have been completed, as well as maintenance deficiencies, hazards
or other items requested by the City or observed by the Contractor.
The Contractor shall prepare and submit to the City Representative at the end of
each month, a Contractor Weekly Irrigation Report (Appendix F). A separate report
shall be prepared for each park location and shall identify the current irrigation
schedule and station run times, any changes made to the irrigation schedule
within the inspection period, any damages or repairs to the irrigation system and any
other information requested by the City.
Within fourteen (14) calendar days, after contractor has been notified by City of the
Notice of Award of Contract, Contractor shall prepare and submit to the City
Representative a detailed schedule of all maintenance operations as described in
the Scope of Work (Appendix C). 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
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• 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.
O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to
perform the services described herein, adhere to the service schedule, service the
irrigation system, perform required services and/or repairs, or reprogram each
conventional controller weekly per local ETo data pursuant to this Contract, will be
considered a deficiency. It is agreed that said deficiencies will result in damage to
the City. Contractor shall be responsible for all costs associated with said damage
including any additional costs incurred by the City in the inspection, administration
and performance of the work not performed or performed improperly by the
Contractor, in addition to the liquidated damages amount as follows:
Liquidated damages shall be assessed in the amount of One Hundred Fifty
dollars ($150.00) for each incident at each separate location, for each day that the
deficiency remains uncorrected.
Furthermore, in the event Contractor fails to effectively manage water use, the
over-usage cost will be borne by Contractor. As further described, such cost
incurred by City shall be deducted from the Contractor's monthly payments.
P. CIT Y’S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the
course of this Contract, other activities and operations may be conducted by City
work forces and other Contracted parties. These activities may include, but not be
limited to, landscape refurbishment, irrigation system modification or repair,
specialized pest control, construction, storm related operations, staging of police
and fire for emergencies and disaster control, and a variety of recreation
programs and special events. During said activities and operations the
Contractor may be required to modify or curtail certain work tasks and normal
maintenance operations, and shall promptly comply with any request thereof by the
City.
Q. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor
shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on
mowers) used at said facilities in the performance of this contract with decals on the
exterior right and left front door panels, or other City approved location,
identifying the Contractor's name, and phone number. Decals shall not be less
than 12 inches by 18 inches in size, and shall be clearly visible from a distance of
50 feet.
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Contractor’s maintenance vehicles exterior paint and vehicle body shall be kept
clean, new in appearance and in a generally well maintained condition.
R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE
TO CONTRACT: Should the Contractor fail to correct deficiencies or public
nuisances, these will be considered to be of an emergency nature and cause for the
City make corrective repairs. Such work shall be billed to the Contractor for each
callout, plus actual time spent on the repairs. It also should be noted that there is a
minimum two (2) hour charge for labor on any callout. City staff hourly costs shall
be assessed as follows (subject to change per current salary distribution):
Parks and Recreation Director: $210/hr.
Landscape/Parks Maintenance Superintendent or Supervisor: $130/hr.
MaintenanceWorker III: $105/hr.
City staff overtime hourly costs for weekend work or after hours work shall be
assessed as follows (subject to change per current salary distribution):
Park and Landscape Manager: $315/hr.
Park/Landscape Maintenance Superintendent or Supervisor: $195/hr.
S.
Maintenance Worker III:
EXTRA WORK:
$158/hr.
1. The Contractor shall not have the exclusive right to perform extra work.
Extra work may be performed by the Contractor at the discretion of the
City, City forces, or by competitive bid at the sole discretion of the City.
2. Additional work outside the performance requirements such as, but not
limited to, shrub and tree planting, renovation, and improvement, shall be
required on occasion.
3. The costs for such extra work shall be based on the fair market value of
supply and labor costs and shall be agreed to in a written proposal prior to
commencement of said work. Only those extra work items authorized in
writing on a City standard Work Order form or other form approved by the
City, prior to the start of work, shall be considered for payment.
4. Extra work shall not be performed by regularly scheduled personnel and
shall be performed during regular working hours unless authorized in
writing by the City. Contractor shall submit certified payroll reports for all
extra work services.
T. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies
and materials at a City park or other City property shall only be allowed with prior
written approval from the City. In the event the City consents to allow Contractor
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to use designated City property for storage, Contractor agrees to assume full
responsibility for loss, theft, damage to its equipment, supplies and any injury
that may arise to any person. Contractor also assumes full responsibility for
any and all damage to City property as a result of any Contractor owned
property stored on City property, whether storage is temporary or permanent.
Contractor acknowledges that Section 10 Indemnification of this contract applies
to such storage
U. VANDALISM AND THEFT:
1. The City shall be notified immediately by the Contractor in regards to any
acts of vandalism, including graffiti, and theft to City landscaping,
irrigation systems, or other improvements observed or found by
Contractor’s employees, regardless of the cause.
2. Damage caused by vandalism, theft or accident, not caused by
Contractor, shall be the responsibility of the City, including labor costs.
V. PERFORMANCE DURING INCLEMENT WEATHER:
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his work force in order to accomplish those
activities that are not affected by weather. Contractor shall reschedule and
complete all maintenance activities that were not completed on the next
available day that weather conditions permit such activities.
2. Failure to adjust the work force and demonstrate that adequate progress has
been completed, or failure to reschedule maintenance activities, shall result in
a deduction of payment to reflect only the work actually accomplished.
3. If weather conditions do not allow regular maintenance operations to
continue, the Contractor shall inform the City Representative and have his
work force available to assist the City with emergency operations as
needed. Emergency operations may include the installation of sand bags,
removal of fallen branches and debris, removal of mud, rocks or loose
gravel, or other procedures required by the City. Contractor shall provide
their staff with OSHA approved rain gear and other safety equipment that
may be necessary during such an instance.
3. The Contractor shall not remove his work force from the job site without
written approval from the City Representative.
4. The Contractor shall re-stake and re-tie trees as required, and continue to
monitor trees during storm conditions.
5. The Contractor shall remove and clean all debris deposited in drainage
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areas resulting from inclement weather, to mitigate potential flooding of
landscaped areas.
6. Contractor shall adjust controllers and timers to the “OFF” position, which
shall remain off until local “ETo” data indicates that conditions are
appropriate to set in the “ON” position. It shall be the Contractor’s
responsibility to monitor local “ETo” data to ensure that controllers and
timers are activated at the appropriate time.
W. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY:
1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and
other debris from operations as work progresses. All green waste,
recyclables, and refuse shall be disposed in City provided bins designed for
such material and in accordance with the solid waste provisions of the
Moorpark Municipal Code. Contractor agrees to segregate the
aforementioned materials to maximum extent possible. Contractor shall not,
at any time, dispose of materials resulting from work not related to this
Contract in any City provided bin. If requested by the City, Contractor shall
make every effort to estimate tonnage disposed.
2. Contractor shall keep City trash enclosures clean and neat on a daily
basis. All debris shall be disposed in the bin and not allowed to
accumulate on the floor of the enclosure. If a bin is full and will not
accommodate additional debris, Contractor shall notify City immediately and
depose of remaining debris in an alternative City bin. Bin lids shall remain
closed. Trash enclosure gates shall be closed and locked when the
Contractor leaves each site each day. Damage, vandalism, and graffiti
to the trash enclosures shall be immediately reported to the City
Representative whenever observed by Contractor.
X. KEY CONTROL
1. Contractor shall be responsible for assigned keys, and shall be held
responsible for the proper use and safe keeping of all keys issued by the City
to the Contractor.
2. Contractor agrees not to duplicate any keys and acknowledges that
California law stipulates that it is unlawful for a person to duplicate any
keys without the permission of the owner. The penalty for violation of this law
is either six (6) months imprisonment or a Five Hundred Dollar ($500) fine or
both.
3. Contractor shall immediately report all lost or stolen keys to the City
Representative.
4. Upon expiration, cancellation or termination of this Contract, all keys
received by the Contractor shall be returned to the City.
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5. Contractor shall reimburse the City all costs and expenses as determined by
the City for any key or lock replacements, due to contractor’s negligence.
Such costs shall be deducted from any payments due or to become due to
contractor and may include the costs to replace padlocks, re-keying door
locks, and shall include staff time and 15% administration fee, if deemed
necessary by City to secure and protect City properties and facilities.
Y. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has
completed a personal inspection of the areas to be maintained and has
evaluated the extent to which the physical condition thereof will affect the
services to be provided. By entering into this Contract, the Contractor shall be
deemed to have agreed to accept the condition of the work area in its “as is”
condition with the intent to perform maintenance services according to Contract
specifications.
Z. SAFETY:
1. Contractor shall at all times adhere to all applicable safety practices and
cooperate with the City in any adverse condition related thereto.
2. Contractor shall cooperate with the City during the investigation of an
accident on City property and submit a complete written report to the City
within twenty-four (24) hours following the occurrence.
3. Contractor shall inspect all areas maintained under the provisions of this
Contract on a daily basis for all potential hazards, and maintain a daily
safety inspection report which indicates date inspected and action taken to
correct conditions if necessary. This report shall identify any condition(s)
that renders any portion of the premises unsafe, as well as any unsafe
practices occurring thereon. The City Representative shall be immediately
notified of any potentially unsafe or hazardous condition found by the
Contractor.
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APPENDIX C
SCOPE OF WORK
A. MOWING:
1. Mowing equipment shall be a power driven reel-type equipped with rollers or a
rotary-type deck mower, and shall be configured so that the outer edges
of the mower blades are covered with protective guards in accordance with
manufacturer’s design specification. Mowing activity shall leave no signs of
visible clippings on turf and shall be in alternating patterns. Blades shall be
kept sharp at all times.
2. Turf areas shall be inspected for all potential hazards such as holes,
gopher mounds, rocks, glass, nails or other debris, prior to and after each
mowing. All such material shall be immediately removed by contractor.
Contractor shall fill holes, knock down and grade gopher mounds and re-
seed bare areas caused by such damage. Turf seed shall be identical to the
existing turf type or as determined by City representative.
3. Turf shall be mowed to the cutting heights or methods as follows:
Turf type
Cool Season:
Month
June through September
October through May
Height / Method
3” reel or rotary
2” reel or rotary
Warm Season: Year Round 2 ½” reel or rotary
4. Turf shall be mowed on the following schedule:
Month Frequency
November through February Every other week
March through October Weekly
5. Turf mowing at each park location shall be completed in one day, and
shall be completed per the City approved mowing schedule submitted by the
Contractor.
B. EDGING AND TRIMMING:
1. Mechanical type edging includes walkways, sidewalks, parking lots,
driveways, curbs, tree wells, and shrub and groundcover beds, and shall be
performed concurrently with mowing at each location.
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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
½ inch from the hardscape surface being edged.
4. Trees growing in turf areas shall have tree wells not to exceed 12" in
diameter, centered on the main stem or trunk of the tree. Tree wells shall be
edged concurrently with each mowing and shall be performed by
mechanical methods only. Great care shall be taken to avoid damage to tree
bark tissue and roots. Trees damaged from the Contractor’s edges
practices shall be replaced by the Contactor with a replacement tree at
Contractor’s expense. Tree replacement size shall be 24” box and
replacement species shall be determined by the City Representative.
5. Curbs, gutters, walkways and all hardscape areas shall be cleaned and free
of accumulated grass clippings, dirt and other debris upon completion of
each mowing operation. Grass clippings shall be removed on days mowed
and shall not be left overnight.
6. Edging next to retaining walls and fences shall be done using a power
string type trimmer, and shall be completed in such a manner to avoid
excessive string contact to the exterior surface of retaining walls, fences and
all areas edged with a sting type trimmer.
7. Chemical edging is not permissible without written approval by the City
Representative. If approved in writing by the City Representative, all
chemicals utilized shall be ‘non-restricted’ and approved by the County of
Ventura Agricultural Commission’s Office and shall meet the
requirements of Sections G, H and Appendix B, Section M.
C. TURF FERTILIZATION:
1. One month prior to scheduled fertilization, Contractor shall notify the City
Representative in writing of the application date, location, fertilizer formula
to be applied and amount applied at each location/park.
2. Fertilization of turf grasses shall be accomplished four (4) times each
year at the intervals and with the fertilizer formula described below:
First week of January, April, August, and October, application of a 16-6-8
with 18% sulfur and 1% iron pelleted type fertilizer, or equal formula as
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approved by the City. The Contractor shall broadcast the above fertilizer at
the rate of six (6) pounds per 1,000 square feet of turf area and in
accordance with ratios within the manufacturer’s recommendation.
3. The Contractor shall broadcast the fertilizer in such a manner as to insure
uniform coverage with minimum overlap.
a. The turf shall be free of moisture at the time the fertilizer is applied.
b. Application of the fertilizer shall be completed in sections, in
accordance with the area covered by the automatic irrigation
controllers, so that the soil may be thoroughly irrigated immediately
after the fertilizer is broadcast.
D. SHRUB AND GROUND COVER FERTILIZATION:
1. One month prior to scheduled fertilization, Contractor shall notify the City
Representative in writing of the application date, location, fertilizer formula
to be applied and amount applied at each location/park.
2. Shrub and ground cover areas shall be fertilized the first week of April and
September. Prior to shrub fertilization Contractor shall contact the City of
Moorpark Representative and provide written verification of approved
fertilize formulation and total amount to be applied per site prior to
application. Shrub formulation and at the application rates are as
follows:
Ground cover and shrub fertilization shall be accomplished with a 15-15- 15
pelleted type fertilizer containing no less than 8% sulfur. Fertilization shall
be applied evenly at a rate of eight (8) pounds per one thousand (1,000)
square feet. The area shall be deep-watered immediately following the
fertilizer application.
3. Contractor shall submit a written schedule to the City Representative for
written approval prior to application.
E. MAINTENANCE OF SHRUB AND GROUND COVER AREAS (PLANTERS): The
Contractor shall be responsible for trimming and weeding every other week, weekly
removal of leaf litter and daily removal of trash and debris. Trimming shall be
performed in a manner that does not alter the appearance of the landscaping, but
presents a clean aesthetic appeal. Selective pruning is the preferred method.
Use of power type trimmers/hedgers is acceptable however, “lollipopping”, or
ornamental type shaping will not be permitted. Shrubs shall be maintained in a
manner that promotes natural growth patterns.
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1. All native and/or perennial plants shall be maintained to display natural
growth habits and structure. Dead and woody plant material shall be
removed by select pruning twice annually per City approval in order to
preserve the aesthetic value of the plant. Aggressive cut back trimming or
“dead heading” to increase density and promote plant health shall be
performed no less than once annually or as determined by the City
representative.
2. Shrubs, ground covers, bare dirt and mulched areas shall be defined as
“planters”.
3. Planters shall be cultivated and raked each month. Ground cover shall be
kept neat in appearance and confined within curbs and intended borders
and kept litter free.
4. Weeds, grasses and invasive plant species, as determined by the City
Representative, shall be removed from all planter areas weekly, or more
frequently as needed, as a regular service requirement of this Contract.
Weeds shall be removed manually, unless the Contractor has received
prior written approval to utilize alternative means of weed control by the
City Representative.
5. Chemical weed control shall only be permitted with prior written approval by
the City Representative. All chemicals utilized shall be ‘non-restricted’ and
approved by the County of Ventura Agricultural Commission’s Office and
shall meet the requirements of Sections G, H and Appendix B, Section M.
6. Contractor shall fill holes, knock down and grade gopher mounds and re-
install groundcover in areas caused by such damage. Groundcover shall be
identical to the existing groundcover type and reinstalled with flatted plant
material or as otherwise directed by City Representative.
F. MAINTENANCE OF TREES AND SHRUBS: The Contractor shall be
responsible for the maintenance and upkeep of shrubs and trees. Tree care is
limited to the removal of sucker growth, spouts, and limbs that obstruct the right of
way and/or present a potential hazard, originating from the tree trunk, from the
ground to the first twelve (12) feet.
1. Maintenance of Trees and Shrubs: Trimming and pruning shall be in
accordance with the International Society of Arboriculture (ISA)
standards, the standards and practices acceptable to the City and shall be
consistent with the guidelines furnished below:
a. Pruning for removal of dead, damaged or diseased parts.
b. Pruning trees for removal of water sprouts and suckers as they
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develop.
c. Pruning for shape and form shall include lifting of low tree branches
to prevent hazards.
d. Pruning shall be done with clean sharp tools. Cuts shall be made
parallel with the collar but close enough to allow cambium growth
around wound, per ISA standards.
e. Parking lot trees shall have no branches lower than eight (8), or as
directed by the City Representative to provide proper line-of-sight
for traffic movement.
f. Shrubs shall be pruned monthly, or as often as necessary, to
provide a neat and shapely appearance. Trimming shall not be
excessive and shall be limited to no more than 10% of the overall size
of the plant material, unless otherwise directed by the City
Representative. Pruning methods shall provide a natural shape.
g. Shrubs shall be maintained at a height no greater than 1½ feet
from top of curb at designated areas to allow for traffic safety, per
standard plans.
h. It is the Contractor’s sole responsibility to conform to trimming and
pruning standards on all work performed. The Contractor agrees to
accept all responsibility for the replacement of trees and shrubs
damaged by Contractor’s pruning operations, if so determined by the
City Representative that replacement is required.
2. Tree / Shrub Replacement: Any tree or shrub badly damaged and in
need of possible replacement shall be brought to the attention of the City
Representative. The City Representative shall determine if the tree or
shrub shall be removed and/or replaced. No tree or shrub shall be
removed without prior written approval from the City Representative.
3. Tree Supports and Stakes: Weekly inspections shall be made of each tree
braced by a tree support to insure that the support is intact, and that the tree
has not outgrown the support.
a. Tree staking shall be performed in accordance ISA Standards.
b. Tree supports shall be adjusted as necessary to conform with the
caliber of the trunk to which it is attached.
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c. Tree supports and stakes shall be inspected and removed when the
tree has outgrown its support or as determined by the City
Representative.
d. Tree supports and stakes shall be replaced or removed, as
needed, or as directed by the City Representative.
e. Contractor shall inspect all tree wells and remove all broken or
unnecessary stakes that create a hazards condition to the public.
f. Where plastic arbor guards have been installed at base of the tree
trunk, Contractor shall maintain and replace missing guards as
needed.
4. Turf Conversion:
Per the City’s Drought Action Plan, which prohibits turf in parkways and
irrigation runoff onto public streets, sidewalks or other hardscape areas, the
irrigation system has been capped of all non-essential spray heads in many
City parks. Contractor shall be responsible to maintain affected converted
areas to City standards by maintaining them free of weeds and debris, and
edging and installing wood chips per the appropriate sections of the Scope
of Work. As these areas are improved and retrofitted with new plant material
and low water use irrigation systems, the Contractor shall be responsible for
maintenance of the new plant material and irrigation systems per the
appropriate section(s) of the Scope of Work.
G. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE APPLICATION:
1. Scope: All work involving the transport and use of pesticides, herbicides,
rodenticides and insecticides shall be in compliance with all Federal,
State, County and local laws. The Contractor shall possess all valid State and
County licenses and permits required for pesticide, herbicide, rodenticide
and insecticide transport and application operations.
Pesticide applicators (persons) assigned by the Contractor to perform
pesticide operations shall have a valid license issued by the State of
California Department of Pesticide Regulation Enforcement Branch.
Applicators shall maintain valid State certification for categories specific to
each pesticide for recommendation or use.
Contractor shall be in strict compliance with all pesticide directives and
laws governed by the County of Ventura Agricultural Commissioner’s
Office and be identified in the City of Moorpark’s Restricted Materials
Permit before conducting any Pesticide operations in the City.
The Contractor shall not store Pesticides on City owned property at any
time and for any reason without exception.
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Contractor shall provide the City with photocopies of valid Pest Control
License (s), State Pest Control Advisor's License (s), and State Qualified
Applicator's License (s) for individuals engaged in the transport and use of
all applicable pesticides, herbicides, rodenticides and insecticides within
the areas to be maintained under the provisions of this Contract.
2. Intent to Spray Application: Contractor shall submit in writing to the City
Representative, an Intent to Spray Application (Appendix G) prior to the
application of any pesticide (s), herbicide (s), rodenticides (s) and/or
insecticide (s). All applications must be approved in writing by the City.
Such authorization shall depend upon the Contractor's submission to the City
Representative the information outlined below:
a. The exact location(s) where the pesticide (s), herbicide (s),
rodenticides (s) and/or insecticide (s) is to be used, with the
identification of the Insect (s), weed (s) and/or rodent (s) to be
controlled.
b. That the pesticide (s), herbicide (s), rodenticides (s) and/or
insecticide (s) shall be applied at the manufacturer's
recommended rates and shall conform with manufacturer's
application instructions.
3. Chemical Weed Control: Chemical weed control at all turf locations shall be
performed as a regular service requirement of this Contract to insure areas
are kept free of weeds. Chemical weed control in shrub and
groundcover planting areas shall only be performed with prior written
approval by the City Representative.
Weed infestation of the turf, shrub and ground cover areas, may only be
controlled with ‘non-restricted’ commercial herbicide (s), as governed by the
County of Ventura Agricultural Commissioner’s Office. Contractor shall
submit in writing to the City Representative, an Intent to Spray
Application (Appendix G) prior to the application of any herbicide (s). All
herbicide applications must be approved in writing by the City. Such
authorization shall depend upon the Contractor's submission to the City
Representative the information outlined below:
a. The exact location(s) where the herbicide (s) is to be used, with the
identification of the weed (s) to be controlled.
b. That the herbicide has no harmful effect upon desirable plant
materials.
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c. That the herbicide shall be applied at the manufacturer's
recommended rates and shall conform with manufacturer's
application instructions.
4. Disease and Harmful Pests:
a. Inspections of landscaped areas shall be made daily for evidence of
disease and harmful pests.
b. If evidence of disease or harmful pests is found, a report shall
immediately be submitted to the City Representative. The report
shall include:
1) The exact location(s) where the disease, harmful pests
are prevalent.
2) The contractor’s opinion of the type of disease or pest.
3) The contractor’s recommendation for control and
elimination of the disease or pest.
5. Rodent Control: Rodent control at all locations shall be performed as a
regular service requirement of this Contract to insure all areas are kept
free of rodents.
a. The Contractor’s Pest Control Advisor’s (PCA) recommendations
shall provide specific names of the specific vertebrate specie(s)
expected to be killed by the use of the rodenticide recommended, and
shall further include any known secondary target host (other
vertebrate animals) that would likely be killed by the use of the
rodenticide recommended.
Contractor shall provide for the safe control and eradication of
rodents with the intent to safeguard and promote the wellbeing of all
surrounding habitat in the areas to be treated. Contractor further
agrees to follow the PCA’s Recommendation (s), and to advise the
City of any known alternative methods for the control and
eradication of rodents. The City reserves the right to reject the use
of any rodenticide at any time.
In no instance shall the Contractor, Contractor’s Pest
Control Advisor or Contractor’s Pest Control Operator
recommend or apply any anticoagulant rodenticides.
b. The Contractor shall be responsible for implementing the rodent
control practices approved in writing by the City’s Representative.
The contractor may use the subcontractor identified in the bid
documents, at the Contractor’s sole cost. An alternate
subcontracted commercial pest control company, hired at the
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Contractor’s sole cost, may be approved with prior written approval
by the City’s Representative.
c. Contractor agrees to hire and bear the cost of securing a pest
control company (subcontractor to be approved in writing by City) if
Contractor fails to implement effective pest control measure within 30-
days written notification by City.
H. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS:
1. All pesticides, herbicides, rodenticides and insecticides to be used that are
designated “restricted” by the State of California Department of
Pesticide Regulation, shall be approved by the City Representative prior to
use and shall follow the guidelines outlined by the County of Ventura
Agricultural Commission’s Office. A written recommendation of proposed
pesticide(s), herbicide(s), rodenticides(s) and/or insecticide(s) restricted in
California shall include commercial name, concentrations, application rates
and usage. The recommendation shall be prepared by a licensed California
Pest Control Advisor and submitted a minimum of fourteen (14) days prior
to intended use. No work shall begin until written approval of use is obtained,
and a notice of intent has been filed with the Ventura County Agricultural
Commissioner's office, as required, and the City.
2. All chemicals shall only be applied by those persons possessing a valid
California Pest Control Operators (P.C.O.) license or under the
supervision of a P.C.O. Application shall be in strict accordance with
State of California Department of Pesticide Regulation and Ventura
County Agricultural Commissioner’s Office. Records of all operations
stating date and time treated, geographic location, field location, operator
ID/permit number, operator’s name and address, application name and
address, site treated, acres planted, acres treated, application method,
U.S. EPA/California pesticide registration number of product applied,
pesticide product name and manufacturer, total amount of product
applied, and name and signature of person preparing report shall be
made and retained in an active file for a minimum of two (2) years by the
Contractor. Copies of Contractor’s pesticide training records shall be
presented to the City within 24 hours of notice to produce such records.
3. Notification of Intent to spray or apply pesticides, herbicides, rodenticides and
insecticides used by the Contractor on City property shall be submitted to
the City Representative. The City Representative shall have access to all
pesticide records upon request. The Contractor shall retain all records in
accordance with Department of Agriculture regulations and requirements
4. Pesticides, herbicides, rodenticides and insecticides shall be applied in a
manner to avoid non-target areas. Precautionary measures shall be
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employed since all areas will be open for public access during
application.
5. The City shall reserve the right to reject the use of pesticide herbicides,
rodenticides, and insecticides at any time and for any reason of
justification as determined by the City Representative.
I. MAINTENANCE OF IRRIGATION SYSTEMS:
1. The Contractor shall bear sole responsibility and cost for both labor and
materials for cleaning, repairing, adjusting and replacement of automatic
irrigation system components, with the exception of backflow protection
devices. Contractor shall repair and/or replace as needed any irrigation
system components, including irrigation systems within athletic fields, to
insure optimal operation of the irrigation system. All irrigation systems
shall perform according to the original design and installation intent.
The City shall bear the cost of all irrigation system repairs that are the
result of vandalism or theft. Contractor shall submit to the City a written
vandalism or theft report, in a format approved by the City, for any claims of
irrigation system damage due to vandalism or theft. Contractor shall not
make repairs without prior written approval.
2. The Contractor shall be responsible for the cleaning, repairing, adjusting and
replacement of all items, at its sole cost, listed in the succeeding
paragraphs in addition to the following:
* Irrigation Controllers (contractor not responsible for replacement costs)
* Plastic pipe
* Remote control valves
* Remote control valve wiring
* Valve boxes and valve box covers
* Batteries
* Plastic pipe fittings
* Galvanized steel pipe
* Galvanized steel fittings
* Main lines
* Sprinkler heads
* Sprinkler assemblies
* Riser assemblies
* Quick coupler valves
* Hose bibs
* Gate valves
3. Replacement of any item shall be with a new item of identical
manufacturer and model number, unless otherwise approved in writing by the
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City Representative.
4. The Contractor shall inspect and examine the irrigation system weekly at all
locations, while water is on. Any part of the system not functioning normally
shall immediately be cleaned, adjusted, repaired or replaced as needed to
restore the system to normal operation. This shall also apply in times of
service failure for any reason.
5. At the sole discretion of the City, irrigation controllers shall be replaced
when determined to be inoperable and no longer functional. City shall be
responsible for cost of the replacement irrigation controller equipment, and
Contractor shall bear sole responsibility for labor and related materials
necessary for installation of said replacement (s).
6. All mainline repairs shall be inspected by the City Representative prior to
backfilling to approve quality of backfill and compaction.
7. All drip line emitters, sub-surface drip line, standard drip line, polypropylene
flex line, etc., shall be properly maintained and secured or staked at or
below grade to ensure system integrity, reduce trip hazards, and prevent
unsightly appearance.
8. Contractor shall use a soil probe to a depth of twelve (12) inches to
determine the water penetration by random testing of the root zones (as
directed by the City).
9. Excessive watering shall be avoided to mitigate water run-off onto roads,
sidewalks, parking lots, recreation use areas, and areas designated for
special events and programs. Special attention shall be given to the
relationship of conditions that affect day and night watering.
10. Contractor shall prevent water from over-spraying onto walls, walkways,
parking lots, streets and private property. For this purpose, the Contractor
shall provide the necessary repair, replacement, and component
adjustment as required of all sprinkler heads, nozzles, swing joints and
pipe risers. In cases where irrigation system design features makes this
impractical or impossible, the Contractor shall provide, at no cost to the
City, a recommended plan of component changes and/or a cost estimate for
installation of the changes needed for the purpose of mitigating the
undesirable over-spray.
11. All repairs, adjustments, cleaning or replacements of any part of the
system that cannot be completed within one (1) hour of detection, shall be
immediately reported to the City, and provisions made by Contractor to
complete said repair prior to the close of the next regular business day.
Additional time may be granted in writing, at the sole discretion of the City
Representative.
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12. Contractor shall take corrective action and immediately report to the City
Representative any conditions that may create a public hazard. If an
automatic irrigation system or a portion of a system should malfunction, the
Contractor shall provide manual operation of that system for a period of time
until the system is restored to normal operation.
13. At the request of the City, Contractor shall identify and mark the location of
sprinkler heads with provided flags, at no additional cost to City, to assist
with improvement projects.
14. The following specifications are provided for replacement of plastic pipe,
plastic fittings, galvanized steel pipe, galvanized steel pipe fittings, and
remote control valve wiring:
a. Plastic pipe shall be polyvinyl chloride (PVC) Schedule 40, Type 1,
Grade 2 (PVC 1220).
b. Plastic pipe fittings and connections shall be PVC Schedule 40,
except risers, which shall be Schedule 80.
c. If existing galvanized steel pipe and galvanized steel pipe fittings
require repair, they shall be identical type.
15. Time of Completion: Non-emergency irrigation repairs shall be completed
by the Contractor by the end of the following business day that the problem
was reported to the City in writing, using City approved materials,
supplied by the Contractor. Emergency irrigation repairs, as determined by
the City Representative, shall be immediately repaired.
16. Repair Inspection: Irrigation inspections by the City Representative may
occur within one (1) working day of notification of services or repair
completion. The City Representative shall inspect and verify performance
and service of the repair. Should such inspections find the repair to be
deficient, the Liquidated Damages clause of this Contract may be enacted
at City's sole discretion.
17. Irrigation Materials:
a. All replacement materials are to be identical type, manufacturer and
model number unless a substitute is approved in writing by the City
Representative.
b. Contractor shall maintain an adequate inventory of medium-to-
high usage stock items for repair of the irrigation systems.
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c. Contractor shall implement repairs in accordance with all effective
warranties, and with no additional payment.
d. All materials are to be new and identical to existing materials, per
these specifications, unless otherwise approved in writing by the City
Representative.
18. Irrigation Trained Personnel: The Contractor shall provide no less than one
(1) full time irrigation technician, fully trained in all phases of
landscape irrigation system operations, maintenance, adjustment, repair and
replacement. This is to include, but not limited to, diagnosis and repair of
irrigation controllers, valve wires, control valves, lateral lines, gate valves,
main lines, strainers, moisture sensors, master valves, flow sensors, and
electric pedestals.
The Contractor’s irrigation technician shall have a minimum of seven (7)
years of experience at the technician level. Fourteen (14) days prior to the
start of any work, the Contractor shall submit to the City information that
demonstrates the technician’s qualifications, for City review and
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 B, Sections
A and B.
The irrigation technician shall remain on site for a minimum of eight (8)
hours per day, except as required to obtain irrigation equipment
necessary for repairs to the City’s irrigation systems. The irrigation
technician is responsible for the City irrigation systems and shall not
perform any other landscape maintenance services unless approved in
writing by the City Representative.
The irrigation technician shall be required to carry a basic inventory of
irrigation parts and equipment to complete the necessary repairs.
Contractor shall provide additional irrigation personnel, as needed, to
provide irrigation repair and maintenance services described herein, in
emergency situations or as directed by the City Representative.
J. IRRIGATING AREAS: It shall be the responsibility of Contractor to maintain,
operate, and adjust watering schedules to weekly local evapotranspiration (ETo)
weather station reports as specified below, or as otherwise directed by City
Representative, including but not limited to adjusting irrigation controllers and
timers.
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1. Watering of Turf, Shrub and Ground Cover Areas:
a. Watering of turf, shrub and groundcover areas shall be scheduled
pursuant to local evapotranspiration (ETo) data or by the City’s
Central Irrigation Management System. The Contractor shall utilize
local ETo data to manually program the automatic irrigation
controllers. Current local ETo data can be found
at www.foxcanyongma.org or http://www.cimis.water.ca.gov/
b. The automatic irrigation controllers shall be set to accommodate
local ETo data. Failure to set irrigation schedules based on local ETo
data, or scheduling the controllers such that the soil conditions
have reached the point of over-saturation, shall result in liquidated
damages.
c. Contractor shall be responsible for the programming of the
automatic controllers as directed by the City Representative.
Contractor shall submit to the City a monthly schedule of the
irrigation system schedule. Any changes to the schedule must be
submitted to the City for approval. City may request a change of
programming at any time.
d. Programming of the City’s Central Irrigation Management System
shall be the responsibility of the City unless otherwise directed by an
authorized City representative. Contractor shall provide desired
schedules to the City representative for his/her input to the system.
Contractor shall not make any adjustments to the Central Irrigation
System without written authorization by an authorized City
representative.
e. Since water requirements of plants vary according to the season,
plant variety and soil conditions, the Contractor shall consider the
variation in size of plants, roots, soil, solar orientation, irrigation
components, and weather conditions when determining water
requirements. Close attention shall be paid to the water demands of
plants as influenced by their exposure to sun, wind, shade and
geographic location.
f. All landscape and turf areas shall be irrigated as required to
promote vigorous and healthy plant growth.
g. Contractor shall provide the necessary labor to irrigate all turf and
landscape areas.
h. The automatic irrigation controllers shall be set to water during the
hours of 10:00 p.m. and 7:00 a.m., Monday through Thursday,
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unless park use prohibits this schedule, or the City Representative
approves an alternative schedule in writing. No regularly scheduled
irrigation shall be permitted Friday 9:00 a.m. through Sunday
10:00 p.m. Exception shall be directed by the City Landscape
Representative in writing.
i. Contractor shall make adjustments to the irrigation schedule as
required to minimize runoff onto sidewalks, and streets.
j. Over-watering, which is represented by excessive run-off, over
saturation, or high use rates caused by the Contractor’s
negligence, shall result in liquidated damages and the cost of
water incurred by City
k. New turf (up through the third mowing) shall be watered
immediately after mowing.
2. Irrigation Reports: The Contractor shall maintain and submit to the City
Representative in writing:
a. Irrigation Controller Program Log: To be submitted to the City
Representative within one business day of irrigation program
scheduling and/or adjustments to existing scheduling.
b. Vandalism or Theft Report: Contractor shall prepare a written
vandalism or theft report with a description of the location, date and
time observed, item(s) or component(s) damaged or stolen, and the
number of components involved. A written report shall be submitted
within one (1) business day to the City Representative.
c. Irrigation Schedule and Maintenance Report: Contract shall
prepare a weekly Irrigation Schedule and Maintenance Report
(Appendix F) and submit a copy to the City Representative monthly.
3. Irrigation During Inclement Weather: Contractor shall adjust irrigation
controllers to the “OFF” or “RAIN PAUSE” function prior to actual inclement
weather conditions when local weather reports forecast a 40% or greater
chance of inclement weather or as directed by the City Representative. The
Contractor will be responsible to return controllers and timers to the “ON”
position when “ETo” indicates conditions are appropriate.
K. SWALES, DRAINS AND CATCH BASINS:
1. Contractor shall maintain all swales, drains and catch basins on a weekly
basis. The drains and catch basins within the Poindexter Park Skate
Park shall be inspected daily during periods of inclement weather to
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insure operable flow. Maintenance operations shall insure that swales and
drains are maintained free of sand, mud, rocks and miscellaneous debris
at all times.
2. Drains and collection boxes shall be inspected weekly, and cleaned and
cleared of all debris as needed.
3. Drain grates shall be inspected weekly. Contractor shall immediately
inform the City of any broken or missing grates, and secure same to keep the
area safe for public use.
4. Filter fabric (where present) under drain grates shall be maintained by
Contractor and replaced as needed at Contractor’s sole expense.
L. DRINKING FOUNTAIN AND WATER FEATURE MAINTENANCE:
1 Contractor shall inspect, clean and disinfect entire fixtures daily.
2. Leaking fixtures shall be turned off immediately upon detection and
reported to the City Representative for repair by City
3. Clogged or stopped-up valves or drains shall be unclogged by the
Contractor, and immediately reported to the City Representative.
4. Drinking fountain on/off “buttons” shall be tested daily to insure that normal
operation and water pressure is available for drinking. Any damage,
malfunctions, etc., shall be reported immediately to City
Representative.
M. LITTER CONTROL:
1. Contractor shall provide litter removal services on a daily basis. This
shall include, but not limited to, the removal of litter, paper, rocks, glass,
trash, leaves, fallen tree branches, and other miscellaneous debris. Litter
removal shall be completed daily in all park areas including, but not
limited to, hardscape surfaces, developed and undeveloped areas,
walkways, parking lots, roadways, along fence lines, landscape areas,
steps, planters, drains, catch basins, parking lots, turf areas, playgrounds and
all slopes, from the toe-of-slope to the top-of-slope.
2. Contractor is responsible for recycling. All green waste cuttings, weeds,
leaves, and other yard wastes as defined in the Moorpark Municipal
Code, shall be delivered to the Moorpark Public Services Facility and
disposed of in the proper recycling bin. Under no circumstance shall
Contractor dispose of any refuse, recyclables, or green waste that was not
generate from the performance of this Contract in City supplied solid waste
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containers or bins.
3. Litter pick up should be done as early as possible. Litter pick up shall be
completed in all park sites by 10:00a.m. daily.
4. Litter shall be removed from hiking trails and within 10 feet either side of
pathways.
5. Litter picked up on site shall be placed in City supplied refuse bins and not
in public use trash containers.
N. TRASH, RECYCLING AND MUTT-MITT RECEPTACLES
1. Trash and recycling receptacles in City parks, shall be emptied when they at
50 percent full, but no less than weekly. Liners shall be provided by the
contractor and replaced no less than weekly. Liners shall be commercial
grade (heavy duty), black in color and 1.5 Mil thickness or better to
contain trash without tearing. Trash receptacles liners shall be placed in
appropriate trash bins. Recycle material shall be removed from the liner
and placed in appropriate recycling bin. The liner shall be placed in
appropriate trash bin.
2. Trash receptacles located inside the boundaries of and directly adjacent to
College View Dog Park shall be emptied every day. Liners shall be provided
by the contractor and replaced no less than daily. Liners shall be
commercial grade (heavy duty), black in color and 1.5 Mil thickness or
better to contain trash without tearing. Trash receptacles liners shall be
placed in appropriate trash bins.
3. Park trash, recycling and Mutt-Mitt receptacles shall be cleaned as
needed or as requested by the City Representative, but no less than
monthly.
O. TRASH, RECYCLING AND GREEN WASTE BINS
1. A designated trash, recycling and green waste bin will be provided by
City, and located at locations determined by the City.
2. Contactor shall not dispose of any solid waste refuse, recyclables or
green waste in bins provided by the City that is not generated as part of this
Contact.
3. When provided by the City, waste and recycling bins shall be stored in
enclosures. Contractor shall be responsible for cleaning trash bin
enclosures of all trash and remove accumulated debris to provide a
surface that is clean of foreign matter, green waste, and food spills on a
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daily basis. By the end of each work day, the trash bin enclosure gates
shall be closed and locked.
P. RESTROOM MAINTENANCE: Parks restrooms shall be opened, cleaned and
sanitized thoroughly on a daily basis Monday through Friday. Any equipment that
has been vandalized or is in need of repair or any graffiti observed, shall be
immediately reported to the City Representative. All restroom facilities shall be
cleaned, sanitized, and in operation no later than 8:00 a.m. each day. Contractor
shall open restrooms as early as 7:00 a.m. if requested by City. Upon opening,
restroom doors shall be locked in the open position. If lock is not operable,
Contractor shall notify City Representative immediately.
The restrooms shall be maintained and stocked with all necessary supplies to keep
restrooms operational Monday through Friday, including but not limited to;
restroom hand soap, paper towels, and toilet paper, at the Contractor’s sole
expense. City shall reserve the right to approve the quality of the supplies used. All
litter containers located inside or adjacent to the restroom shall be emptied daily.
City will be responsible for restocking restroom supplies used on Saturday,
Sunday and approved holidays.
During inclement weather and upon the direction of the City Representative,
Contractor may be instructed to keep restrooms locked.
The Contractor is responsible for daily cleaning or service of each item listed:
1. Pick up and disposal of litter in and around restroom facility.
2. Empty trash receptacles and replace with commercial type liner(s) with 1.5
mil thickness or better.
3. Sweep and mop floor with a cleaner disinfectant manufactured specifically
for restroom floor use.
4. Clean walls and ceiling with a cleaner/disinfectant. This includes tile and
grout.
5. Wash and disinfect partitions.
6. Remove graffiti with a City approved graffiti remover. If graffiti cannot be
removed with said cleaner, Contractor shall notify the City Representative
within one (1) hour of determination.
7. Clean sinks with a cleaner/disinfectant.
8. Clean mirrors
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9. Clean and disinfect toilets.
10. Restock toilet paper, with a 2-ply tissue, as approved by the City
Representative.
11. Restock paper towels with white multifold 9.1/5”x 9.2/5”, as approved by
the City Representative.
12. Wet mop/hose the entire floor surface using an approved
cleaner/disinfectant. Dry the floor with a dry mop before opening to the
public.
13. Remove any offensive odors.
14. Any acts of vandalism or theft shall be immediately reported to the City
Representative.
15. Contractor shall lock restroom during periods of inclement (rain) weather, as
directed by the City Representative. Contractor shall open restrooms as
weather conditions allow, per the direction of the City Representative.
16. Contractor shall report all water leaks immediately upon discovery, and
make every attempt possible to shut water off in such a way that will
isolate the leaking fixture until repairs can be completed by City.
17. Contractor shall report all electrical problems, such as damaged building
security lights, non-operable hand dryers, etc., to the City Representative
immediately upon discovery.
18. Remove spitballs, cobwebs, and other foreign materials form doors, wall,
ceilings, partitions, vents, etc.
19. When restroom fixtures (i.e. toilets, sinks, urinals, etc) are determined to be
inoperable, Contractor shall cover said fixture with a black plastic trash can
liner, tape close the edges, and immediately notify the City
Representative.
Q. RECREATIONAL/ATHLETIC FIELDS:
1. The Contractor shall visually inspect all athletic and recreational sports
fields and related amenities minimum once daily. Contractor shall
remove all litter, rocks, debris and other obstructions.
2. Contractor shall immediately report to the City Representative any
conditions, which are below operable standards or where signs of
damage, vandalism, and wear have occurred. This includes, but is not
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limited to, to, backstops, chain link fences, benches, bleachers, and light
poles and fixtures.
3. Brick dust infields and decomposed granite areas (inclusive of designated
paths and trails) shall be level and kept free of weeds, trash, surface ruts and
debris. Contractor shall clean all bleachers and dugout areas daily using
an air broom. Such work shall be performed before 11:30 a.m.
4. Contractor shall be responsible to remove graffiti that can be removed with
an approved solvent. Such removal shall take place within two (2) hours of
observance. The City will be responsible for all other graffiti and the
Contractor shall be responsible for reporting said graffiti to City
Representative immediately upon observance.
R. HARDSCAPE SURFACES
1. All hardscape surfaces, such as sidewalks, steps, walkways, ramps, curb and
gutters, access roads, parking lots and walls adjacent to or within City
Parks, shall be kept clear of dirt, mud, trash, leaves, weeds and any other
substances or miscellaneous debris which are either unsightly or unsafe.
2. The Contractor shall be responsible for weekly cleaning, sweeping,
raking, or blowing of hardscape surfaces, parking lots, access roads,
decomposed granite pathways/trails, and walkways adjacent to all park
areas.
3. Patios, sidewalks, walkways, parking lots, access roads decomposed granite
pathways/trails, and entry points at Arroyo Vista Recreation Center facilities
shall be kept clean and clear of all hazards and debris.
4. Decomposed granite (DG) pathways and/or trails shall be maintained daily
to provide safe, clean, and stable accessible surfaces free of debris and
potential hazards. Deviations, holes, erosion, soft spots, sloughs, irrigation
malfunctions, including all potential slip or trip hazards shall be repaired
daily, immediately upon discovery, or at the direction of the City
Representative. All repairs shall use same type and color DG containing
stabilizer or an equal substitute DG product after review and approval by
the City Representative. Repairs shall be properly compacted using water,
tamper, vibrating plate, or other means/methods to achieve proper
compaction.
5. Permeable asphalt parking area located along access road between
parking lots B and C at Arroyo Vista Community Park shall be blown off
daily and vacuumed quarterly, (no less than four (4) times per
calendar year).
S. PICNIC AREAS/SHELTERS:
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Daily Maintenance
1. Picnic tables, benches, concrete slabs, and trash containers shall be
cleaned and sanitized daily.
2. Vandalism and damage observed to picnic tables, benches, concrete
slabs, and trash containers shall be immediately reported to the City
Representative upon detection.
3. Ashes, partially burned charcoal, garbage and leftover food in and around
cooking and picnic facilities shall be removed daily. Contractor shall
ensure that burned charcoal and ashes are cool and safe to dispose of in
refuse bins.
4. The entire picnic area, including shelters, shall be kept free of broken
glass, cans, paper, leaves and litter.
5. Empty all trash containers. Contractor shall supply all trash receptacles
with 1.5 mill or better liners at own expense.
6. Remove all tacks, tape, staples, strings, balloons, banners, etc., and other
objects adhered to tables, benches, shelters, restrooms, and other picnic
amenities.
T. SAND PLAY AREAS / PLAYGROUND EQUIPMENT:
1. All playground sites and equipment shall be inspected at the start of each
business day before 8:00 a.m. Monday through Friday. Any signs of
vandalism, damage, graffiti or potentially hazardous condition observed by
Contractor shall be immediately reported to City Representative.
2. The entire area shall be cleaned and neatly groomed daily; sand and play
areas installed with engineered wood fiber (EWF) shall raked level. All
foreign and hazardous materials shall be removed. All play areas shall be
maintained free of weeds, leaves, litter, cans, broken glass, and other
harmful and unsightly debris.
3. Special attention shall be made to low and "dished out" areas around play
equipment and entry locations. These sand (or EWF) areas shall be leveled
by providing equal distribution from high areas to low areas.
4. During the leveling and distribution of sand (or EWF), contractor shall insure
that concrete footing are not exposed. Each footing shall be covered to
provide minimum of 12” cover.
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5. During regular maintenance, the raking and filling of depressions shall be
done in a manner to prevent material compaction.
6. Contractor shall report low sand or EWF and sand compaction immediately
to the City Representative. The City shall provide additional sand or EWF as
needed.
7. Rubber resilient surfaces (rubber matting) shall be cleaned with a leaf
blower daily to remove sand, silt and other debris. Any cracks, tears, rips or
holes shall be reported immediately to the City Representative upon
detection.
U. SWEEPING OF RECREATION HARD COURT AMENITIES:
1. Contractor shall sweep all hard courts including, but not limited to,
basketball courts, roller hockey courts, skate park (tennis courts are
addressed separately), and adjacent hardscape on a daily basis between
7:00 a.m. and 10:00 a.m. so as not to interfere with normal play activity.
Court surface shall be dry and ready for play upon completion. Cleaning
shall include but not be limited to sweeping, litter pick-up, cleaning of
spills, spot washing with water as needed to keep court surface clean and
ready for play.
2. Sweeping shall include the removal of all foreign objects from hard court
areas including but not limited todust, leaves, pine needles, rocks, dirt, liter,
sand, food waste, gum, broken glass, etc.
3. Methods for sweeping of designed areas may require one or all of the
following:
a. Back pack blowers
b. Vacuums
c. Brooms
d. Rakes
4. Supplemental hand sweeping may be necessary for corners and other
areas inaccessible to power equipment.
5. Tennis Courts
a. Tennis court gates shall be unlocked and opened by 7 a.m. and
courts cleaned daily between 7:00 a.m. and 10:00 a.m. Daily cleaning
shall include but not be limited to broom sweeping, litter pick- up, cleaning
of spills, spot washing as needed to keep court surface clean and ready
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for play upon completion.
b. In the event of inclement weather and upon the direction of the City, the
Contractor may be directed to keep the tennis courts locked.
V. GRAFFITI
1. Contractor shall inspect all parks for graffiti on a daily basis. Contractor
shall immediately report all graffiti upon detection to City
Representative. The City Representative shall determine if graffiti requires
photographing and/or a police report prior to removal. The Contractor shall
be responsible for removing graffiti that can be removed using a solvent
specifically formulated for graffiti removal and approved for such use by the
City within two (2) hours of detection. If graffiti cannot be removed with
said solvent, Contractor shall immediately notify City Representative. The
City shall be responsible for removal of graffiti that cannot be removed by
the City approved solvent.
2. Special attention shall be given to the following areas upon the Contractor’s
first arrival to the designated work site:
a. Facility marquee signs.
b. Facility signage, such as parking and rule signs.
c. Picnic areas, gazebos, patios, tables, and benches.
d. Restrooms; complete inside and outside.
e. Playground equipment.
f. Drinking fountains.
g. Hard court surface areas. (Excluding painted court surfaces)
h. Exterior wall surfaces.
i. Concrete walkways and parking lots.
j. Door surfaces.
k. Curb and gutter in parking lots.
l. Fences and block walls.
m. Trash enclosures.
n. Trash can receptacles.
o. Stairs and hand rails.
p. Bleachers.
q. Softball field back stops
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3. All materials and processes used in graffiti eradication shall not damage
surfaces or areas adjacent to the graffiti abatement area. All graffiti
removal solvents shall be approved by the City and shall meet CAL-
O.S.H.A. requirements.
4. Contractor shall use special care and attention when removing graffiti
from treated or sealed surfaces. Such surfaces shall not be painted.
Contractor shall use materials, and methods of application, as provided and
approved by City.
5. Contractor is not required to sandblast or paint graffiti.
6. Contractor shall clean spills, spatters, and runs from removal operations as a
part of each operation.
W. SERANATA TRAIL (approximately 1.5 miles)
1. Contractor shall perform trail maintenance every other week. Trail
maintenance shall include, but not limited to, removing trail ruts, removing
trash and litter, removing graffiti and reporting potential hazards to City
Representative
2. Contractor shall remove all weeds from trail path and trim 2 feet to both
sides of trail monthly.
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APPENDIX D
PARK SITE DESCRIPTIONS AND LOCATION MAPS
CITY PARKS
SITE DESCRIPTIONS
SIZE
MAP
1. Arroyo Vista Community Park
4550 Tierra Rejada Road
Located northeast of Moorpark High School.
69 Acres
1
2. Campus Park
14900 Harvard Street
Located at the south end of Duke Street.
2.5 Acres
2
3. Campus Canyon Park
6970 Campus Canyon Drive
Located at the corner of Collins Drive and Campus
Canyon Drive.
5 Acres
3
4. Community Center Park
799 Moorpark Avenue
Community Center Park.
.75Acres
4
5. Country Trail Park
11701 ½ Mountain Trail Street
Located on the north side of Mountain Trail Street,
west of Arroyo West School.
8 Acres
5
6. College View Park (Griffin Park )
15400 Campus Park Drive
Located at the corner of Campus Park Drive and
Collins Drive.
5.5 Acres
6
7. Glenwood Park
11800 Harvester Street
Located on the south side of Harvester Street.
4.5 Acres
7
8. Magnolia Park
296 Magnolia Street
Located on Charles Street and Magnolia Street
1 Acre
8
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9. Mammoth Highlands Park
7000 Elk Run Drive
Located on the north side of Elk Run Drive.
6.9 Acres
9
10. Miller Park
4530 Miller Parkway
Located on the east side of Miller Parkway. To
include Seranata Trail.
6.5 Acres
10
11. Monte Vista Park
4200 Spring Road
Located on the west side of Spring Road, north of
Christian Barrett.
5 Acres
11
12. Mountain Meadows Park
12432 ½ Mountain Meadow Drive
Located at the corner of Mountain Meadow Drive
and Mountain Trail Court.
8 Acres
12
13. Peach Hill Park
13200 Peach Hill Road
Located at the corner of Christian Barrett Road and
Peach Hill Road.
10 Acres
13
14. Poindexter Park
500 Poindexter Avenue
Located south of Poindexter Avenue, west of
Chaparral School. Includes trees and tree
wells in front of Chaparral School
7.5 Acres
14
15. Tierra Rejada Park
11900 Mountain Trail Street
Located at the southeast corner of Tierra Rejada
Road and Mountain Trail Street, including street
parkways.
8 Acres
15
16. Veterans Memorial
608 Spring Road
Located at the corner of Flinn Avenue and Spring
Road.
.3 Acre
16
17. Virginia Colony Park
5600 Condor Place
Located at the corner of Condor Drive and Virginia
Colony.
1.5 Acres
17
185
18. Villa Campesina Park
4704 Leta Yancy Road
Located at the end of Leta Yancy Road.
.5 Acre
18
19. Seranata Trail
Miller Parkway
Located on Miller Parkway with connection to Miller
park
n/a
19
20. Walnut Acres Park
161 2nd St.
.3 Acre
No Map
186
187
188
189
190
191
192
193
194
195
90
196
197
198
199
200
201
202
203
204
205
APPENDIX E
CITY OF MOORPARK
CONTRACTOR WEEKLY INSPECTION REPORT
Contractor: Month
Park Name:
Inspector: Retain document for 3 years after inspection
Area Inspected
1
WEEK
2 3
4
DEFICIENCY
Yes (Y) or
No (N)
Description/See
detailed report below
A. Landscape
1 Damages – Traffic Accident,
Vandalism, Theft, etc.
2 Mowing, edging, trimming has been
completed
3 Trees and shrubs have been
maintained, planters weeded
4 Shrubs, turf or tree replacement
needed
5 Turf areas are weed free (herbicide
applicator scheduled?) provide
6 Turf areas inspected for hazards such
as holes, mounds, rocks, glass and
other debris and removed daily (list
hazards removed)
B. Trees
1 12” tree wells have been maintained
2 No sucker growth or low limb
obstructions
3 Tree supports and stakes are secure
4 Tree contractor (WCA) services are
required
C. Traffic Control
D. Hardscape
1 Damage or hazards in sidewalks, curb,
gutters, parking lots or picnic areas
2 Swales and drains clean
3 Litter & debris removed daily
1 Required traffic control devices in-
place
2 Encroachment permit at site and
posted in vehicle
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E. Fertilization
1 Grass: Forecasted Application Date
for: Jan/Apr/Aug/ October
2 Shrub: Forecasted Application Date
for: Apr/Sep
F. Pesticide
1 Notification submitted to City: Weed
Control Application
2 Notification submitted to City: Rodent /
Disease / Insect Applications
G. Lighting
1 Lights Bulbs Burned OUT / Staying ON
/ Vandalized etc.
H. Graffiti
1 Restrooms: Identify location & log time
2 All other areas: Identify location & log
time
I. Playgrounds
1 Vandalism, damage, graffiti, or
hazardous conditions identified
2 Play surface: Cleaned, raked to 5”
depth min. and neatly groomed daily
3 Low spots and areas under ladders,
climbers, slides, etc. leveled daily
4 Rubberized surface swept and clean of
debris daily.
J. Tennis Courts
1 Washed and cleaned daily
K. Picnic Areas / Shelters
1 Tables, hardscape are cleaned, free of
debris and sanitized daily
2 BBQ’s removed of coal, trash, debris
daily
L. Recreational / Athletic Fields
1 Free of litter, rocks, debris and/or
obstructions
2 Brick dust leveled, low spots filled and
free of weeds
3 Turf edged and maintained
M. Restrooms
1 All fixtures, walls, floors, partitions,
toilets, urinals, etc. are clean and
disinfected daily
207
2 All restroom fixtures and hand dryers
working
3 Restroom supplies restocked
4 Drinking fountains disinfected daily
N. Trash and Recycling
Receptacles
1 Emptied 50% full or weekly
2 Cleaned
O. Trails
1 Trail ruts filled in, hazards removed
and trash and debris removed
2 Weeds removed from trail
Letter and
Number
Description of Deficiency Recorded Date
Identified
Date
Corrected
Notes:
Inspector (signature):
Inspector (printed name):
Affix additional sheets as required.
Retain document for three (3) years after inspection.
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APPENDIX 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
209
Irrigation Schedule:
Scheduled water days (circle): M T W TH F SAT SUN
Start Times: Program A 1st __2nd __3rd __4th
Start Times: Program B 1st __2nd __3rd __4th
Start Times: Program C 1st __2nd __3rd __4th
Start Times: Program D 1st __2nd __3rd __4th
Seasonal Percent Adjustment: ________%
Station Run Times (minutes):
1____ 2____ 3____ 4____ 5____ 6____ 7____ 8____ 9____ 10____ 11____
12____ 13____ 14____ 15____ 16____ 17____ 18____ 19____ 20____
21____ 22____ 23____ 24____ 25____ 26____ 27____ 28____ 29____
30____ 31____ 32____ 33____ 34____ 35____ 36____ 37____ 38____
39____ 40____ 41____ 42____ 43____ 44____ 45____ 46____ 47____
48____
Station
Number Description of Deficiency Recorded Date
Identified
Date
Corrected
Notes:
Inspector (signature):
Inspector (printed name):
Affix additional sheets as required.
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APPENDIX G
CITY OF MOORPARK
CONTRACTOR’S INTENT TO SPRAY RESTRICTED/NON-RESTRICTED MATERIALS
Contractor (Permittee): Date:
Park Name:
Location:
Proposed date (s) of application:
Number of acres to be treated:
Type of equipment to be used:
Target pest(s):
Dilution Rate: Applicator(s) Name(s):
Registration No.: License No.:
Ingredient(s):
Antidote:
Active:
Inert:
Environmental:
Re-entry after spraying:
(hours/minutes)
Criteria/Reason/notifications:
North
Identify Location of Adjacent Schools, Dwellings, Etc. West Treatment Area
East
South
Submitted By:
Date:
211
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, 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
________________________, 2018, between the City of Moorpark, a municipal
corporation (“City”) and Venco Western, 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, Contractor has submitted to City a Proposal, which is attached
hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from September 1, 2018, and will expire on
June 30, 2019, 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 two (2) 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
Proposal, 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: Contractor Performance Requirements and Specifications, attached hereto
Attachment 3
Venco Western, Inc. Page 1 of 20
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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 eighty-nine thousand one hundred fifty-six dollars and sixty cents
($289,156.60), which includes a contingency of thirty-seven thousand dollars
($37,000.00), for the first ten 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 three hundred forty-seven
thousand five hundred eighty-seven dollars and ninety-two cents dollars ($347,587.92)
annually, which includes an annual contingency in the amount of forty-five thousand
dollars ($45,000.00), 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
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City and Contractor shall be Linda Burr, 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 eighty-nine
thousand one hundred fifty-six dollars and sixty cents ($289,156.60), which includes a
contingency of thirty-seven thousand dollars ($37,000.00), for the first ten months of the
Agreement. During subsequent extended terms compensation shall not exceed the
rates or contract value of three hundred forty-seven thousand five hundred eighty-seven
dollars and ninety-two cents dollars ($347,587.92) annually, which includes an annual
contingency in the amount of forty-five thousand dollars ($45,000.00), 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.
Venco Western, Inc. Page 3 of 20
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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 perform services, adhere to the service schedule, service
a system, perform all required service and repairs, or in any other way fails to meet the
terms of this Agreement, Contractor shall forfeit and pay to the City liquidated damages,
as defined in Exhibit D. 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
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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
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
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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
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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.
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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 Ave.
Moorpark, CA 93021
To: Linda Burr, President
Venco Western, Inc.
2400 Eastman Ave.
Oxnard, CA 93030
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.
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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.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown, City Manager Linda Burr, President
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
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
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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
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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
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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
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
PUBLIC CONTRACT CODE 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.
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(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.
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(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.
Venco Western, Inc. Page 19 of 20
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(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.)
Venco Western, Inc. Page 20 of 20
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EXHIBIT D
LANDSCAPE MAINTENANCE DISTRICT CITYWIDE ZONES,
ZONES OF BENEFIT 1-11, 14, 16, 18, AND 21, AND MISCELLANEOUS CITY PROPERTIES
CONTRACTOR PERFORMANCE REQUIREMENTS & SPECIFICATIONS
(Appendices A – H)
APPENDIX A: EXECUTION OF CONTRACT
APPENDIX B: CONTRACTOR’S PERFORMANCE REQUIREMENTS
APPENDIX C: SCOPE OF WORK
APPENDIX D: AREAS TO BE MAINTAINED
APPENDIX E: INTENT TO SPRAY
APPENDIX F: CONTRACTOR’S WEEKLY INSPECTION REPORT
APPENDIX G: CONTRACTOR’S WEEKLY IRRIGATION REPORT
APPENDIX H: AREA DIAGRAMS
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APPENDIX A
EXECUTION OF CONTRACT
Contractor shall execute the Agreement within fifteen (15) Days from the date of delivery of
the Contract Documents to the Contractor. Additionally, Contractor shall also secure all
insurance and Bonds as herein specified, and provide copies to the City, within fifteen (15)
Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to
execute the Agreement or to conform to any of the stipulated requirements shall be just
cause for the annulment of the award.
The Contractor shall not begin Work until it has given the City evidence of all required
insurance coverage (including all additional insured endorsements), and a Bond
guaranteeing the Contractor’s faithful performance of the Contract.
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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 _____________________, 2018, 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
_________________, 2018.
{SIGNATURES NEXT PAGE}
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(Corporate Seal) ________________________________
(Principal)
Notarial Certificate
Attached
By______________________________
________________________________(Title)
(Corporate Seal) ________________________________
(Surety)
Notarial Certificate
Attached
By______________________________
________________________________
(Title)
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PLEASE PROVIDE CONTACT INFORMATION FOR THE SURETY AND THE BROKER IN THE
SPACE PROVIDED BELOW
SURETY – Contact Information
__________________________________________
Attn:______________________________________
Address:___________________________________
City State Zip_______________________________
Phone #:___________________________________
BROKER – Contact Information
__________________________________
Attn:_______________________________
Address:___________________________
City State Zip
____________________________
Phone#
________________________________
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SAMPLE INSURANCE FORMS
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APPENDIX B
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m. (“working
hours”), with the exceptions noted. 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) half-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
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experience at the supervisory and technician level. Fourteen (14) days prior to the
start of any work, the Contractor shall submit to the City information that
demonstrates the supervisor’s and technician’s qualifications for City review and
approval. During the term of the Contract, the City Representative shall approve any
changes to the landscape maintenance supervisor position and irrigation technician
positions.
2. The landscape maintenance supervisor shall remain on site for a minimum of twenty
(20) hours per week, except as required to obtain equipment and supplies necessary
for regular maintenance activities, and to attend company meeting and events
necessary during the normal course of business.
3. 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:
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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.
I. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be
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responsible for the protection of all improvements adjacent to the work, such as sprinklers,
drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving,
etc., located on either public or private property. If any improvements are removed or
damaged, other than those designed for removal, then such improvements shall be replaced
in kind at the Contractor’s 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
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encroachment permit.
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 C 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.
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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
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 assessed 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 C).
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.
O. The Contractor shall prepare and submit to the City Representative at the end of each
month, a Contractor Weekly Report (Appendix F). 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 G). A separate report shall be
prepared for each park location and shall identify the current irrigation schedule and station
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run times, any changes made to the irrigation schedule within the inspection period, any
damages or repairs to the irrigation system and any other information requested by the City.
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.
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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,
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and the number of components involved Report shall be submitted within one
(1) business day.
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
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segregate the aforementioned materials to maximum extent possible. Contractor
shall not, at any time, dispose of materials resulting from work not related to this
Contract in any City provided bin. If requested by the City, Contractor shall make
every effort to estimate tonnage disposed.
2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris
shall be disposed in the bin and not allowed to accumulate on the floor of the
enclosure. If a bin is full and will not accommodate additional debris, Contractor shall
notify City immediately and depose of remaining debris in an alternative City bin. Bin
lids shall remain closed. Trash enclosure gates shall be closed and locked when the
Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash
enclosures shall be immediately reported to the City Representative whenever
observed by 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
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door locks, re-programing key card access site(s), staff time, and a fifteen percent
(15%) administration fee.
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 servic es 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.
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APPENDIX C
SCOPE OF WORK
A. MOWING:
1. Mowing equipment shall be a power driven reel-type equipped with rollers or a rotary-
type deck mower, and shall be configured so that the outer edges of the mower
blades are covered with protective guards in accordance with manufacturer’s design
specification. Mowing activity shall leave no signs of visible clippings on turf and shall
be in alternating patterns. Blades shall be kept sharp at all times.
2. Turf shall be mowed to the minimum height of 1 ½" - 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 ½ 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
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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
B, 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.
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b. Application of the fertilizer shall be done in sections in accordance with the
area covered by the timing stations on the automatic irrigation controllers so
that the soil may be thoroughly soaked immediately after the fertilizer is
broadcast.
D. SHRUB AND GROUND COVER FERTILIZATION:
1. 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
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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.
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 Off ice.
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.
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c. Pruning for shape and form shall include lifting of low tree branches to prevent
hazards.
d. Pruning shall be done with clean sharp tools. Cuts shall be made parallel with
the collar but close enough to allow cambium growth around wound, per ISA
standards.
e. 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 1½ 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.
i. 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
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responsibility to obtain and practice these pruning standards on all tree work
performed. The Contractor agrees to accept all responsibility for the
replacement of trees damaged by Contractor’s pruning operations, if so
determined by the City that replacement is required.
b. Where necessary, as determined by the City Representative, Contractor shall
provide and post no parking signs 48 hours in advance of the work, except
when emergency work is necessary.
4. Tree / Shrub Replacement: 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
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Pesticide Regulation Enforcement Branch. Applicators shall maintain valid State
certification for categories specific to each pesticide for recommendation or use.
Contractor shall be in strict compliance with all pesticide directives and laws governed
by the County of Ventura Agricultural Commissioner’s Office and be identified in the
City of Moorpark’s Restricted Materials Permit before conducting any Pesticide
operations in the City.
The Contractor shall not store Pesticides on City owned property at any time and for
any reason without exception.
Contractor shall provide the City with photocopies of 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 E) 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 E) 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.
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b. That the herbicide has no harmful effect upon desirable plant materials.
c. That the herbicide shall be applied at the manufacturer's recommended rates
and shall conform with manufacturer's application instructions.
4. 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.
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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.
I. PESTICIDE, HERBICIDE, RODENTICIDE AND INSECTICIDE RECORDS:
1. All pesticides, herbicides, rodenticides and insecticides to be used that are
designated “restricted” by the State of California Department of Pesticide Regulation,
shall be approved by the City Representative prior to use. 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.
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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.
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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).
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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 ensur e
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.
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The Contractor’s irrigation technician shall have a minimum of seven (7) years of
experience at the technician level and have WeatherTrak experience. 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 B, 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
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and geographic location. All landscape and turf areas shall be irrigated as
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 ): 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.
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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
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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
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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
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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.
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APPENDIX D
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
of Sierra Avenue. Sidewalk, vines and planters.
4,356 s.f.
CW1
2. Tierra Rejada Road Parkways (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.
13,068 s.f. CW2
3. Tierra Rejada Road Median Islands (CW2a, 2b, 2c, 2d):
Median Islands (s): Tierra Rejada Road between Los Angeles
Avenue and the flood control channel bridge.
Median Islands (s): Tierra Rejada Road between the flood
control channel bridge and the Southern California Edison
(SCE) easement.
Median Island (s): Tierra Rejada Road between the SCE
easement and Spring Road.
Median Island (s): Tierra Rejada Road between Spring Road
and the City limits, east of the Hwy 23 overpass.
56,628 s.f.
CW2a
CW2b
CW2c
CW2d
4. Mountain Trail Street Median Islands (CW3a):
Median Island (s): Mountain Trail Street between Tierra
Rejada Road and Mountain Meadows Drive.
13,068 s.f.
CW3a
5. Fountain (CWF):
Mountain Meadows Plaza at the corner of Tierra Rejada Road
and Mountain Trail Street. Planters.
2,500 s.f.
CWF
6. Spring Road Median, Planters, Parkways 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 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
159,603 s.f.
CW4a
CW4b
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Barrett. Trees, shrubs, wall vines and mulch.
7. High Street (CW5):
Moorpark Ave to Spring Road: Planters, Parkways, improved
and unimproved Public Parking lots, Hardscapes
43,560 s.f.
CW5
8. Los Angeles Avenue at Millard Street (CW6):
Parkway (s): North side of Los Angeles Avenue between
Millard Street and Spring Road. Sidewalk, vines and planters.
9,000 s.f.
CW6
9. Princeton Avenue Parkways (CW7):
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.
6,500 s.f.
CW7
10. Princeton Avenue Medians (CW7a, 7b):
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.
6,500 s.f.
CW7a
CW7b
11. Campus Park Drive Parkways (CW8):
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.
9,000 s.f.
CW8
12. Campus Park Drive Medians (CW8a, 8b):
Median (s): Campus Park Drive between Princeton Avenue
and Penn Street.
Median (s): Campus Park Drive between Penn Street to
Collins Drive.
22,000 s.f.
CW8a
CW8b
13. Campus Park Drive at Collins Drive (CW9):
Parkway (s): North side of Campus Park Drive from Collins
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.
13,068 s.f.
CW9
14. Los Angeles Ave at Tierra Rejada Road (CW10)
Parkways Southside of Los Angeles Avenue from Mira Sol
Drive easterly approximately 600’ east of Maureen Lane.
Trees, tree wells, sidewalk, planters and vines
13,068 s.f.
CW10
15. Spring Road Parkways – North of LA 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.
26,250 s.f. CW11
16. Spring Road Medians – North of LA Avenue (CW11a):
Median (s): Spring road south between railroad tracks and
4,356 s.f.
CW11a
280
Flinn Avenue.
17. Peach Hill Road Parkway – West of Rolling Knoll Drive
Parkway with trees and wood mulch
600 s.f. CW12
18. Peach Hill Road Parkway – West of Bella Vista Drive
Parkway with trees and wood mulch
600 s.f. CW
12a
PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR
REFERENCE ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND
LOCATION.
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LANDSCAPE MAINTENANCE DISTRICT
ZONES OF BENEFIT AREAS
DESCRIPTION
SIZE MAP
1. Zone 1 Pecan Ave:
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.
60,984 s.f.
Z1
2. Zone 2 Steeple Hill:
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.
143,748 s.f.
Z2
3. Zone 3 Buttercreek:
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.
4,356 s.f.
Z3
4. Zone 4 Williams Ranch:
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
21,780 s.f.
Z4
5. Zone 5 Pheasant:
Parkway (s) & slope (s): West side of Peach Hill Road between
191,664 s.f.
Z5
282
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.:
Parkway (s): West end of Inglewood Street
1,500 s.f. Z6
7. Zone 7 L.A. Ave & Gabbert:
Parkway (s): North side of Los Angeles Avenue from Gabbert
Road easterly to the property line east of Shasta Avenue. Turf,
sidewalk and planters.
35,000 s.f. Z7
8. Zone 8 Home Acres Buffer:
The fenced landscaped area at the west end of Shadyridge Drive
Turf, sidewalk and planters.
60,984 s.f. Z8
9. Zone 9 Condor:
Parkway and planter at the southwest corner of Condor Drive and
Princeton Avenue.
17,424 s.f.
Z9
10. Zone 10 Mountain Meadows PC3:
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.
740,520 s.f. Z10
11. Zone 11 Alyssas Ct:
Landscaped parkway at the northeast and southeast corners of
1,800 s.f.
Z11
283
Pecan Avenue and Alyssas Court. Turf and sidewalk.
12. Zone 14 Silver Oak:
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 K noll Drive from
Peach Hill Road northerly to property line. Sidewalk and planters.
13,068 s.f. Z14
13. Zone 16 Mountain View:
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
17,424 s.f.
Z16
14. Zone 18 Moonsong:
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.
21,780 s.f. Z18
15. *Zone 21 Shea Canterbury & Ivy Lane:
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.
8,712sqft
Z21
PROPERTY SIZES AND LOCATIONS LISTED ARE APPROXIMATE AND FOR REFERENCE
ONLY. CONTRACTOR SHALL FIELD VERIFY ACTUAL SIZE AND LOCATION.
284
LANDSCAPE MAINTENANCE DISTRICTS
MISCELLANEOUS PROPERTIES
DESCRIPTION SIZE MAP
1. 310 High Street — Metrolink Station:
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.
278,784 s.f.
M1
2. 661 Moorpark Avenue:
City-owned vacant property. Landscape areas and parkway east
of the property fence and between the north and south property
line.
11,185 s.f.
M2
3. 18 High Street:
SA owned office property. Landscape frontage on High Street
and Moorpark Avenue, south property line fence, parking lot and
planters.
15,700 s,f.
M3
4. 33 High Street:
SA owned office property. Landscape frontage on High Street,
parking lot and planters.
1,500 s,f.
M4
5. 627 Fitch Avenue – Moorpark Public Services Facility
Landscape areas and parking lot 55,000 s.f. M5
6. 699 Moorpark Ave - Moorpark Library:
Landscape areas and parking lot. 37,000 s.f. M6
7. 799 Moorpark Avenue — Moorpark 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.
113,256s.f.
M7
8. Public Parking Lot:
Paved parking lot and landscape areas on the south/west corner
of High Street and Moorpark Avenue.
43,560 s.f.
M8
9. 612 Spring Road – Ruben Castro Human Services Center
Landscape areas and parking lot 108,900 s.f. M9
10. 31 Poindexter Ave (City Facility
Parking lot, Trees and Shrubs
10,000 s.f.
M10
11. Bus Shelters:
Empty trash receptacles at 21 bus stops once a week. 21 total
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.
285
APPENDIX E
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:______________
286
APPENDIX F
CITY OF MOORPARK
CONTRACTOR WEEKLY INSPECTION REPORT
Contractor: _______________________________________________Date:_________to__________
Location: _________________________________________________________________________
Inspector: _____________________________________________________________
Retain document for 3 years after inspection.
Area Inspected
WEEK
1 2 3 4
DEFICIENCY
Yes (Y) or
No (N)
Description/See
detailed report below
A. Landscape
1 Damages – Traffic Accident,
Vandalism, Theft, etc.
2 Mowing, edging, trimming has been
completed
3 Trees and shrubs have been
maintained, planters weeded
4 Shrubs, turf or tree replacement
needed
5 Turf areas are weed free (herbicide
applicator scheduled?) provide
6 Turf areas inspected for hazards such
as holes, mounds, rocks, glass and
other debris and removed daily (list
hazards removed)
B. Trees
1 12” tree wells have been maintained
2 No sucker growth or low limb
obstructions
3 Tree supports and stakes are secure
4 Tree contractor (WCA) services are
required
C. 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
287
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
288
Letter and
Number
Description of Deficiency Recorded Date
Identified
Date
Corrected
289
APPENDIX G
CITY OF MOORPARK
CONTRACTOR’S WEEKLY IRRIGATION INSPECTION REPORT
Contractor:_________________________ Date: ______________
Park Name:_________________________ Controller: _____________________
Inspector:__________________________
IRRIGATION INSPECTION
Station Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf
IRRIGATION INSPECTION
Station Number 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
OK
Broken Head
Plugged Head
Adjust Head
Broker Lateral
Solenoid
Valve
Other
PLANT MATERIAL INSPECTION
Good
Fair
Turf too wet
Stressed Turf 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 ______
290
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 __,
Notes:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________
Inspector (signature):_____________________________
Inspector (printed name):__________________________
Affix additional sheets as required.
Station
Number Description of Deficiency Recorded Date
Identified
Date
Corrected
291
APPENDIX H
LANDSCAPE MAINTENANCE DISTRICTS
CITYWIDE ZONES OF BENEFIT AND MISCELLANEOUS CITY PROPERTIES
AREAS TO BE MAINTAINED (AREA DIAGRAMS)
CITYWIDE ZONES,
LMD ZONES 1 - 11, 14, 16, 18, 21,
AND MISCELLANEOUS CITY PROPERTIES
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308