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PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
26. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SER VICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit D”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
27. LIVING WAGE REQUIREMENTS .
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy , attached as “Exhibit E” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.
The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER. 28 . PREVAILING WAGE REQUIREMENTS.
28.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees . Please see “Exhibit F” for further information regarding Prevailing Wage requirements.
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28.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
28.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
28.4 . Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local
Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
29. CONFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’ s services under this Agreement. SERVICE
PROVIDER
further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
30. IRAN CONTRACTING ACT
In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as “Exhibit G . ” Agreement No. 32400238
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31. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated
Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
32. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
33. AUDIT.
CITY
shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally , if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SER VICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
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34. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
35. NONDISCRIMINATORY EMPLOYMENT.
SER
VICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
36. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
37. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
38. SEVERABILITY.
If
any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
39. INTEGRATED AGREEMENT.
This
Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement No. 32400238
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Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
40. NO THIRD-PARTY BENEFICIARY.
This
Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
41. AUTHORITY TO EXECUTE.
Each
Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
42. EXECUTION – COUNTERPARTS.
This
Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
43. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated
Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
44. ACKNOWLEDGEMENT.
By
signing below, SER VICE PROVIDER acknowledges that it has reviewed the CITY’s T rade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance. [Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.
CITY OF OXNARD
MARIPOSA LANDSCAPES, INC.
☐ John C. Zaragoza, Mayor 1 Date Terry Noriega, President Date ☐ Jennifer Y
ates, 2 Purchasing Manager
Josue Caballero,
Date
Estimator Trainee 3
ATTEST
:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company
has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.
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EXHIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
SCOPE OF SERVICES
Licensing and Pr
ofessional Certification
Requir
ed:
SERVICE PROVIDER/CONTRACTOR must hold a State of California License Classification C-27 License and Maintenance Gardener Pest Control Business (MGB) License throughout the
duration of this contract.
Contractor’s pesticide applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation throughout the duration of this contract.
General Specifications
The level of service for the CFD may change at the beginning of its fiscal year based upon the level of service requested by the members of the CFD. The level of service document is included in Exhibit B to this Agreement. Maps of specific District areas and features relevant to this scope of work are included as Exhibit C to this Agreement. Quantities of assets (such as trash cans, bbqs, mutt mitt stations, etc.) may not be exact.
SECTION 1000. TURF MAINTENANCE
1000-1 MOWING AND EDGING OF TURF AREAS.
The Contractor shall mow and edge all turf grass areas. Generally, these areas shall be mowed to maintain a height of no less than one (1) inch and no more than two (2) inches;
however, site-specific mowing height shall be designated by Project Manager or his or her representative. Mowing frequency shall occur according to the Service Level listed in the
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Maintenance Assessment Districts Chart available at the end of these Special Provisions (“Chart”) for that particular district; for example, in a district with Service Level B, Contractor shall mow once every two (2) weeks. All turf grass areas shall be edged along sidewalks, paved and hard surface areas as necessary to prevent overgrowth. All in ground boxes will be string-trimmed in a manner that is esthetically pleasing and will minimize lip
build-up. Edging shall not be done by chemical methods, unless an approved growth retardant is authorized by the Project Manager or his or her representative. The Contractor shall pick up and dispose of all clippings after each mowing operation, or a mulching deck may be utilized upon approval by Project Manager or his or her representative. 1000-2 SOIL AERIFICATION AND THATCH REMOVAL .
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The Contractor shall perform soil aerification for all turf grass areas according to the Service Level listed in the Chart for that particular district. For Service Level A, soil aerification shall be completed in October, March and June. For Service Level B and C, soil aerification shall be completed in March. Aerification shall be done with a power driven
aerifier using ½ inch coring tine. The schedule must be pre-approved by the Project Manager or his or her representative. Additionally, Contractor shall notify Project Manager or his or her representative with a written schedule one (1) week prior to the date of
aerification commencement. Contractor shall take extreme care to not damage irrigation and landscape improvements with equipment.
The Contractor shall remove thatch build up in the sod layer according to the Service Level listed in the Chart for that particular district; for example, in a district with Service Level A, Contractor must dethatch annually. Dethatching shall be completed in November. The schedule must be pre-approved by the Project Manager or his or her representative. Thatch
removal shall be performed with a power-driver verticutting machine. All grass clippings associated with this process shall be removed from the site and disposed of at the
Contractor’s expense. The thatch removal shall precede the aerification process. The verticutting shall be performed on all turf areas.
1000-3 SOIL TESTING.
The Contractor shall perform or cause to be performed on an annual basis up to ten (10) soil tests at locations determined in cooperation with the Project Manager with sites clearly marked so as not to confuse results. Results are to be compiled and provided to the Project Manager in a report suitable for filing. Soil tests shall include but not be limited to measurements/values for the following items and a fertilizer recommendation:
Soil class : Each soil sample is classified according to humic matter content. The classes are:
MIN : Mineral soil. Low percentage of humic matter.
M-O
: Mineral-organic soil. Medium percentage of humic matter .
ORG
: Organic soil. High humic matter content.
HM per
cent : Humic matter percent is a measure of the chemically active fraction of organic matter.
W/V
: The soil weight/volume is shown in grams/cubic centimeter and is used to determine the soil class.
CEC : Cation exchange capacity is a measure of the soil's capacity to hold basic cations such as potassium, calcium, and magnesium, plus the acidic cations hydrogen and aluminum.
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BS% : Base saturation percent is the percent of the CEC that is occupied by the basic cations [potassium (K), calcium (Ca), and magnesium (Mg)]. BS% indicates the pH and lime status of the soil.
Ac : Exchangeable acidity is the portion of the CEC that is occupied by acidic cations [Aluminum (Al), hydrogen (H)].
pH : Soil pH is a measure of the active acidity [hydrogen (H)] in the soil solution.
P-1 and K-1 : Phosphorus (P) and potassium (K) are shown as indexes used to evaluate nutrient availability to plants.
Ca and Mg% : Both calcium (Ca) and magnesium (Mg) are shown as percentages of CEC.
S (sulfur), Mn (manganese), Zn (zinc), Cu (copper).
SS-1 : The soluble salt index.
Na : Sodium.
N (nitrogen).
Lime and fertilizer r
ecommendations .
1000-4 FERTILIZATION .
The Contractor shall fertilize all turf grass, shrubs, ground cover and vines according to the Service Level listed in the Chart for that particular district. The schedule must be pre-approved by the Project Manager or his or her representative and shall be of a granular type and component makeup in accordance with the recommendations of the physically closest soil test as described in Section 1000-3. Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer’s guarantee analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be accepted.
Immediately following application at each site, Contractor shall thoroughly water the fertilizer into the soil. The Project Manager or his or her representative shall be notified with a written schedule one (1) week prior to the date of the application by the Contractor. Such notification will be subject to approval by the Project Manager or his or her representative.
A City representative may be present during fertilization. Dispersible granular formulations shall be used on all turf to help incorporate the fertilizer into the turf and prevent/reduce the visibility of the fertilizer pellets.
Fertilization of turf, planter beds or any other maintenance areas should address plant health, diseases and insect issues.
Any deviation from the schedule requires the written pre-approval of the Project Manager or his or her representative. All fertilization products must be pre-approved by the Project Manager or his or her representative prior to fertilizing.
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1000-5 PESTICIDE APPLICATION .
The Contractor shall control and eliminate all weeds, insects, rodents, diseases and any other pests affecting all plant material. The Contractor’s applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide
Regulation. Any quarterly pesticides used must be on the California Department of Pesticide Regulation’s approved chemical list. All pesticide use reports shall be submitted to the V
entura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager
. Recommendations need to be procured before application of materials. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by
the Ventura County Agriculture Commissioner. In addition, all pesticides used must have the written approval of the Project Manager or his or her representative before application.
The Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application of pesticides. For follow-up pesticide applications, the Contractor is to provide a second service date upon completion of the initial application and post notices accordingly. The fading colorant solution “Mark-It Blue”, or equal, shall be used in conjunction with all hardscape pesticide applications.
Upon completion of
application, the Contractor shall submit to the Project Manager or his or her representative a copy of all pesticide use reports within 24 hours. Contractor shall provide the name and license number of personnel spraying the chemicals a minimum of one (1) week prior to the application of pesticides. Contractor to ensure proper signage is installed prior to pesticide application per City, County and Federal standards. The current standard to be followed is; all areas to be treated are to be posted with signs no smaller than an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be
Contractor provided at Contractor’s expense and include a map of the area treated, the label of the chemical applied, and a warning to avoid the area for a time no less than what is
recommended on the label.
1000-6 IRRIGATION .
The Contractor shall maintain all irrigation systems as required to maintain proper plant growth in all areas. This shall include manual watering by use of hose bibs and quick couplers in addition to, in conjunction with, or in the absence of automatic irrigation systems. Watering shall be accomplished at times of the day or night to ensure the health of all plants and so that the inconvenience to people using the area will be kept at a minimum.
Automatic irrigation shall normally take place at night or early morning hours. Any water runoff or overflow onto roadway, sidewalk and hard surface areas shall be kept at an absolute minimum so as not to cause any pedestrian and/or vehicular liabilities. The City
reserves the right to require the Contractor to change the watering schedule as necessary.
The Contractor shall carefully apply irrigation water in quantities required by the different plant species, time of the year
, and other basic environmental factors. The effect of the watering program shall be checked by the Contractor according to the Service Level listed
in the Chart for that particular district. The interior of the irrigation controller and booster pump enclosure shall be cleaned annually.
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1000-6-1 MAINTENANCE EXPECTATIONS
The Contractor shall maintain and/or replace all broken irrigation components and
appurtenances including valve box covers. Replacement of irrigation labor costs to be included in this Proposal. Materials and supplies for the replacement of irrigation may be provided by Contractor at-cost if pre-approved by the Project Manager or his or her representative. Each such system must include: backflow prevention devices, electrical and battery-operated irrigation controllers, remote control valves, all valve boxes, gate valves, quick coupling valves, quick coupler boxes, valve box covers, all utility covers, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, vandal-proof enclosures and any other irrigation related items. Replacement of any irrigation items shall be with the same manufacturer and in accordance with the manufacturer’s installation recommendations, unless otherwise pre-approved by the Project Manager or his or
her representative. All other irrigation replacement shall be subject to approval by the Project Manager or his or her representative.
Contractor shall maintain all irrigation equipment in good working condition such that it shall function properly at all times. Contractor shall inspect irrigation systems on designated service days. All routine maintenance labor shall be provided at the Contractor’s expense as a component of the landscape services as a component of the landscape services. All parts shall be provided by the City unless otherwise
approved by the Project Manager. Routine maintenance shall include:
●
Sprinkler coverage tests
● Ensuring proper sprinkler height and coverage in accordance with system specification
● Adjustment and programming of irrigation controllers ● Replacement of broken lateral lines, valves, and sprinkler bodies ● Adjustment and necessary replacement of all types of nozzles, sprayers, quick couplers, and drip systems
● Cleaning and adjustment of all sprinkler heads
● Replacement of irrigation system boxes and lids
● Ensuring proper wiring of controllers and performance of irrigation programs Maintenance considered non-routine shall include:
● Replacement of broken/leaking main lines
● Replacement of equipment which requires closing the “Point of Connection” such as replacement of main line ball valves, gate valves, in-line filtration systems, and backflow devices.
1000-6-2 SCHEDULING
Watering schedule and maintenance of irrigation systems must adhere to the City’s W
ater Ordinance No. 2810. Contractor shall turn off all irrigation controllers in Agreement No. 32400238
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advance of periods of rain and turn them back on and reprogram them at the end of the rainy period.
1000-6-3 EQUIPMENT
Contractor will be required to use iCentral, Rainbird, or similar product if irrigation systems are centrally controlled for the control and monitoring of all irrigation systems.
Once the City notifies Contractor of any irrigation related issues, Contractor must respond in writing within the next business day with a proposed resolution. 1000-7 TURF WEED CONTROL/HERBICIDE APPLICATION.
Contractor shall keep all turf grass areas weed free and treated for broadleaf weed control
according to the Service Level listed in the Chart; for example, in an area with Service Level A, Contractor shall completely control and eradicate all weeds weekly. Contractor shall do this for that particular area with a product to be pre-approved by the Project
Manager or his or her representative. Herbicides may be applied with a backpack sprayer, vehicle mounted spray rig, or tow-behind spray rig. All applications shall be done in a
manner consistent with the pesticide label and all State and Federal Guidelines. Tanks used to apply pesticide shall be clean and free of any previously applied chemicals. Water quality may be required to be tested in order to ensure the proper function of applied herbicides. If
water quality is suspected of limiting herbicide effectiveness, Project Manager may require Contractor to test water quality and if necessary
, require Contractor address issues prior to
application. This may include but is not limited to adjusting pH, filtering suspended solids,
or adding adjuvants.
Contractor shall ensure that all curbs and gutters, paved walkways, stamped concrete, and joints adjacent to landscaped areas, fence lines, light standard bases, buildings and structures are free of all weeds. Herbicides may be used for weed control upon prior approval by the Project Manager or his or her representative. Tree wells should be maintained by a herbicide approved by the Project Manager or his or her representative.
The Contractor’s applicator shall hold a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation. Any quarterly applications must be on the
California Department of Pesticide Regulation’s approved chemical list. All application reports shall be submitted to the V
entura County Agriculture Commissioner and a copy shall be forwarded to the Project Manager
. Recommendations need to be procured before
application of materials. Restricted materials, if used, shall be used and possessed only in
accordance with a permit issued by the Ventura County Agriculture Commissioner. In addition, all herbicides used must have the written approval of the Project Manager or his or
her representative before application.
The Contractor shall notify the Project Manager or his or her representative a minimum of one (1) week prior to application. For follow-up applications, the Contractor is to provide a second service date upon completion of the initial application. The fading colorant solution “Mark-It Blue”, or equal, shall be used in conjunction with all hardscape applications.
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Upon completion of application, the Contractor shall submit to the Project Manager or his or her representative a copy of all application reports within 24 hours. Contractor shall provide the name and license number of personnel spraying the chemicals a minimum of one (1) week prior to the application of the herbicide. Contractor to ensure proper signage is installed prior to any application per City, County and Federal standards. The current standard to be followed is; all areas to be treated are to be posted with signs no smaller than
an 8 ½” x 11” sheet of paper no more than 50 feet apart, one week to two days prior to treatment. Signs will be Contractor provided at Contractor expense and include a map of the
area treated, the label of the chemical applied, and a warning to avoid the area for a time no less than what is recommended on the label.
1000-8 TURF RENOVATION.
The Contractor shall renovate all turf areas according to the Service Level listed in the Chart for that particular area. For example, in an area with Service Level A, Contractor shall renovate all bare turf areas two times a year. Warm season turf is to be installed during the months of March and April.
Cool season turf is to be installed during the months of March and April or September and October. Any application schedule must be pre-approved by the Project Manager or his or her representative.
1000-8-1 SEEDING AND MULCHING
The seeding and mulching operation shall consist of a four step process; seedbed preparation, seeding, mulching, and applying the fertilizer. The last three steps shall be accomplished within 48 hours of starting the seeding operation.
1000-8-2 SEEDBED PREPARATION
The areas to be seeded shall be reasonably smooth and shall conform to the original
contours or new contours as shown on the plans before actual seedbed preparation begins. Any debris, including rocks and roots which would interfere with seeding, growth, or maintenance of the vegetation, or as specified elsewhere in these specifications, shall be removed. The surface areas to be seeded, including fill slopes, shall be compacted by first bringing the soil to optimum moisture by drying or adding water, and track walking or rolling firm. The areas shall then be roughened by scarifying, discing, borrowing, or otherwise worked to a depth of 2" to 4".
Scarifying operations shall be cross slope, where possible. Cut slopes shall be dressed to neat lines and all loose material raked to the toe and removed. 1000-8-3 DELIVERY
All seed shall be delivered to the site tagged and labeled in accordance with
California Agricultural Code. The seed shall be of a quality which has a minimum pure live seed content of 80% (% purity x % germination) and weed seed shall not exceed 0.5%. Legume seed shall be pellet inoculated with appropriate bacteria. The Agreement No. 32400238
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seed shall be broadcast with a truck or tractor mounted automatic seeder, where possible. Hand held breast seeders, (belly grinders) are suitable for small areas.
Seed varieties are to be pre-approved through the Project Manager before application.
1000-8-4 RENOVATION MULCHING
Straw mulch shall be blown or hand broadcasted onto the ground. The application
technique shall create a uniform depth of not less than two to three inches. The straw fibers shall be applied to form a uniform mat of loose straw through which no more than 15 percent of the original ground surface can be seen. No large clumps or unscattered straw shall be present after application. Straw shall be clean rice, barley
or wheat straw. Fibers shall not be chopped less than 6-inches in length. 1000-8-5 FERTILIZER
The fertilizer shall be commercial type ammonium phosphate (16-20-0) and shall contain a minimum of 16% nitrogen, 20% available phosphoric acid, and 0% water soluble potash, and shall contain a minimum of 12 percent sulfur. The fertilizer shall be uniform in composition, dry and free flowing, pelleted or granular. Fertilizer is to be applied at a rate of 1lb per 1000 square feet.
1000-8-6 GERMINATION PERIOD
The Contractor shall be responsible for a successful ground cover and its survival through
the germination period. This may include, but not be limited to, applying water or additional seed, and fertilizer. Any failed areas shall be replanted and successfully grown into mature plants, at the sole cost of the Contractor
. If it is determined that areas must be fenced to
prohibit foot traf
fic from interfering with proper plant growth, Contractor is to provide temporary fencing at Contractor expense for the duration of the renovation.
1000-8-7 INITIAL TURF AREA RENOVATIONS
An optional turf renovation project may be requested by the City of Oxnard at the inception
of the landscape maintenance contract to remedy any issues within the turf from the previous contractor. This project may be completed by the Contractor or through City staff based on the bid award. Services will include the
eradication of weeds in desirable turf areas
with a selective herbicide. Locations to be bid are included in the Additive/Deductive section of the bid sheet.
SECTION 2000. SHRUB, VINE AND GROUNDCOVER MAINTENANCE
2000-1 PRUNING AND EDGING.
The Contractor shall prune all shrubs, groundcover and vines. Shrubs shall be pruned as needed for natural shape, pest control and line of site issues for safe flow of traffic to the satisfaction of the Project Manager or his or her representative. Contractor shall prune
according to the natural growth of each individual plant to maintain proper plant health by Agreement No. 32400238
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cutting out dead, diseased or injured wood and to control growth when an unshapely shrub might result. Contractor shall prevent all plant growth from entering onto the walkways, roadways, hard surface areas, and along fences and walls. Contractor shall remove faded or dead flower heads or their stalks and plant leaves on a weekly basis or according to the Service Level listed in the Chart for that particular district. Contractor shall remove in a manner so as not to damage remaining or new flower buds from coming into bloom. Edging shall not be done by chemical methods, unless a growth retardant is pre-approved by the Project Manager or his or her representative. Vines on walls shall be maintained at a height 4-6” below the top of the block wall and a depth no greater than four inches (4”) from the
wall.
2000-2 GROUNDCOVER PRUNING.
Groundcover shall be pruned as needed, according to the Project Manager or his or her representative, to maintain separation away from base of trees, shrub masses, and hardscapes. All pruning debris shall be removed from the site at the Contractor’s expense. 2000-3
INSECT AND DISEASE CONTROL.
On designated service days, Contractor shall inspect and treat for any insect or disease related problems.
2000-4 WATER.
Contractor shall monitor moisture levels in irrigated and in non-irrigated bed areas.
The
Contractor shall utilize City’s reporting software system while performing irrigation inspections to report overall all inspections and any problems that may be present during
maintenance visits. The maintenance report software and format are at the City’s discretion.
All watering must adhere to the City’s Water Ordinance No. 2810. 2000-5
BED WEED CONTROL.
Contractor shall control weeds in bed areas by mechanical, physical and chemical methods.
Bed areas are to be maintained to control and strive to eliminate weeds. For example, in a district with Service Level A, Contractor shall inspect, control and eradicate all weeds weekly.
SECTION 3000.
TREE MAINTENANCE
3000-1 PRUNING.
The Contractor or his or her representative shall possess a valid arborist certification from the International Society of Arboriculture or similar program approved by the City. This arborist must oversee all pruning work including root pruning and certifying all work meets
requirements. City may require that the certified arborist directly supervise any staff completing tree work. All pruning work shall conform to the current ANSI A300 5.3
Agreement No. 32400238
939
Pruning Standard in conjunction with the International Society of Arboriculture Publication.
Cleaning shall consist of selective pruning to remove one or more of the following parts:
dead, diseased, crossing, touching, and broken branches. Thinning shall consist of selective pruning to reduce density of live branches. Thinning should result in an even distribution of branches on individual limbs and throughout the crown of the tree. Raising shall consist of selective pruning to provide specified vertical clearance. Reduction shall consist of selective pruning to decrease height and/or spread as specified. Safety pruning is to trim a tree given careful consideration to the tree site, surroundings, height, overhang and potential of failure.
Pollarding, topping and lion tailing shall be considered unacceptable pruning practices for trees.
Contractor shall provide tree maintenance according to the Service Level listed in the Service Level and Frequency of Operation Chart included within this Proposal specification.
Service required include but are not limited to prune, shape and structure trees for that particular district and root pruning as needed; for example, in a district with Service Level A, Contractor must selectively prune shrubs and trees as required to prevent encroachment and maintain the shrub’s and tree’s natural form.
There shall not be any removal of trees under this Scope of W ork. No topping of trees will
be allowed. T
ree pruning shall be done to prevent encroachment of walkways, streets and to preclude obstruction of signs. Pruning is to be scheduled according to the Service Level
listed in the Chart for that particular district. Water sprout growth on trunk and in main crotch and sucker growth shall be removed throughout the year . A four inch (4”) ring of
bare soil or mulch will be maintained around each tree to prevent string trimmer/mower
damage and competition from turf/ground cover roots. Roots growing around the base of the tree causing girdling to the trunk area are to be removed. Branches with growth that is crossing or causing rubbing shall be removed to ensure the health of the tree.
Contractor shall remove and dispose of dead or dying palm fronds weekly. Dying palm fronds shall be pruned in a manner that the remaining cut frond stub is cut as close to the
trunk of the palm as possible without cutting into the trunk. All pruning cuts shall adhere to current ANSI A300 standards and ISA tree pruning guidelines in conjunction with the International Society of Arboriculture Publication.
3000-2 FERTILIZATION.
Contractor shall fertilize all palm trees using a combination of blood meal and Agriform
(slow release) tablets as needed by installing eight (8) holes around the palm trees. These holes shall be two inches (2”) in diameter by twelve inches (12”) deep and shall be uniformly located around the base of the palm trees, filled with blood meal, and completely watered in. All other trees shall be maintained in accordance with current ANSI A300 fertilization standards in conjunction with the International Society of Arboriculture Publication.
Agreement No. 32400238
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3000-3 INSECT AND DISEASE CONTROL.
Contractor shall inspect and treat for any insect- or disease-related problems. Contractor is required to notify the City and make recommendations of all other trees that may need supplemental insect and disease control.
3000-4 WATER.
The Contractor shall provide proper watering of trees, whether done by automated irrigation
systems or manually with the use of a hose. Trees shall be maintained in an upright manner and shall be staked as necessary to maintain this position per ANSI guidelines. Watering must adhere to the City’
s Water Ordinance No. 2810.
3000-5
STAKING.
The Contractor will attach tree stakes as needed to support tree growth. The Contractor shall
remove or loosen any and all tree stakes and/or ties before damage to the trunk is caused by girdling. The Contractor shall take all precautions necessary to prevent damage to trees by any device used to accomplish the terms of the contract per ANSI guidelines.
SECTION 4000. GENERAL SITE MAINTENANCE
4000-1 LITTER AND DEBRIS CONTROL.
All areas of maintenance responsibility, including but not limited to paved parking that is not on-street parking in front of residences, shall be kept free of all trimmings, leaves, grass
cuttings, dirt, mud and litter, including broken glass or other such debris. All trimmings, litter and debris shall be removed and disposed of of
f-site at the Contractor’s expense. Litter
and debris pick-up and removal shall be done according to the Service Level listed in the
Chart for that particular district and shall include sidewalks adjacent to areas of responsibility. All walkway areas should be blown clean during maintenance and should be free of clipping and debris. This includes street, curb, and gutter areas.
4000-1-1 SERVICE LEVEL A
For Service Level A, the Contractor will be required to empty the trash cans three
days per week (Monday, Wednesday, & Friday) throughout the parks. On weekends, the Contractor will provide 2 supplemental staf
f members to perform basic
maintenance services such as trash pickup and restroom opening and servicing.
A
sweep of the parks shall be done when collecting trash from the receptacles to pick up any arrant debris. Extra sweeps throughout the parks for debris will be made on Tuesdays and Thursdays. All debris in parks shall be thoroughly removed. Mutt Mitt Stations shall be checked, stocked, and trash removed Monday, Wednesday & Friday
.
Agreement No. 32400238
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4000-1-2 SERVICE LEVEL B – F
Contractor will be required to remove trash on service days as scheduled with the
Project Manager.
4000-2
PARK AMENITIES.
Contractor must notify the Project Manager or his or her representative of any deficiencies to the park amenities including but not limited to play structures, exercise stations, restrooms, tennis courts, benches, picnic tables, trash receptacles and mutt-mitt stations on designated service days. Contractor will be responsible for cleaning of park amenities including playgrounds, tennis courts, benches, picnic tables, trash receptacles, and dog mutt-mitt dispensers. Restrooms will be maintained through a separate janitorial contract. If Contractor notices any park amenities that need service or repair, they are to be reported to the Project Manager or his or her representative for corrective action. It is the responsibility
of the Contractor to ensure paths of travel are free of any sand, wood chips, or other material that may cause a hazard.
4000-2-1 SERVICE LEVEL A
Contractor will be required to open restrooms by 8 AM
Saturday through Sunday.
Restrooms should be clean upon opening however
, basic tidying/wiping down may
be necessary
. BBQ’s within the parks should be checked twice per week on Mondays and Fridays. Cool coals and debris should be disposed of properly.
Contractor will be required to clean the BBQ grills, pressure wash picnic pavilions
and playground equipment bi-monthly May – October and monthly November – April. Additional pressure washing will be required on the day before and after a major holiday. Tennis and basketball courts are to be pressure washed every March, June, September, and December.
4000-2-2 SERVICE LEVEL B-F
Contractor will be responsible for providing maintenance to aforementioned
amenities on service days.
4000-3 ELECTRICAL SYSTEM LIGHTING.
If applicable to the district, the Contractor shall regularly inspect all electrical lighting systems for proper functioning and report deficiencies to the Project Manager or his or her representative. Contractor shall inspect all lights and timers on a weekly basis within Service Level A areas and on designated service days within Service Level B-F areas. All repairs shall be handled by an outside Electrician and are not included in this contract. Any electrical hazards should be reported immediately to the Project Manager or his or her representative.
Agreement No. 32400238
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4000-4 WATER AND ELECTRICAL COSTS.
The City shall be responsible for paying all water and electrical costs at the site. However, the Contractor shall make every ef
fort to conserve these resources and must ensure that
during the rainy season, all irrigation systems are turned of f and turned back on per direction
of the City
. Watering must adhere to the City’s Water Ordinance No. 2810. 4000-5
GRAFFITI.
The Contractor shall include all labor and material costs for removal of graffiti from contracted areas as stated in the Service Level document. Such items for repair, removal, replacement or other corrective measures resulting from graffiti include but are not limited to: shrubs, trees, vines, turf, groundcover
, all walls and signs, backflow devices, irrigation
controllers, remote control wiring, lateral lines, fittings, risers, hose bibs, sprinkler heads,
enclosures, or any item within the contracted district that has been vandalized by graffiti.
Graf
fiti shall be removed with chemical/pressure washer on all non-painted surfaces. Under no circumstances is graf
fiti to be painted over on sidewalks, curbs/gutter, block walls or pilasters, monument signs or similar items. Graf
fiti on painted surfaces shall be removed
and the area shall be repainted if necessary
. Etching shall be sanded until the etching has
been removed. The Contractor shall provide all labor and material to remove graffiti within 24 hours of notification. Any graf
fiti deemed by the City to be excessive, major or out of the scope of the contract may be assigned to another contractor or City staff to complete the removal. All Graf
fiti is generally considered the responsibility of the Contractor to remove and should be removed within 24 hours of notification. The expectation is that the
Contractor will utilize maintenance staff that is already on property for the removal of this graf
fiti and not bring in extra staff for this task.
4000-6
VANDALISM AND THEFT.
The Contractor shall include all labor costs for repairs within the Proposal for items
damaged due to vandalism or theft. City to provide all materials. Such items for repair, removal, replacement or other corrective measures resulting from vandalism and theft may
include but are not limited to shrubs, trees, vines, turf, groundcover, all walls and signs, backflow devices, irrigation controllers, remote control wiring, lateral lines, fittings, risers,
hose bibs, sprinkler heads, enclosures, or any item that has been vandalized by methods other than graffiti or have been stolen from the property. The Contractor shall make all repairs within 24 hours, unless previously approved by the Project Manager or his or her
representative, to remove, replace or otherwise correct items affected by vandalism and theft.
4000-7 LANDSCAPE REPLACEMENT.
Contractor must replant landscape areas that fail to thrive as a result of the Contractor or its
maintenance or horticultural practices. Contractor shall identify these areas and submit a list of them in writing to the Project Manager or his or her representative. All maintenance of Agreement No. 32400238
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replanted material will be the responsibility of the Contractor, whether planted by the Contractor or some other entity during the Contract Term. 4000-8
INSPECTIONS.
Upon execution of the Contract, Contractor and City will perform a thorough inspection of all landscaping and irrigation in each district to determine if there are deficient areas prior to the beginning of services. After the inspection, any noted deficiencies will be corrected prior to handing responsibility over to the Contractor for that area. For example, if there are broken sprinkler heads, repairs will be made to correct them and the Contractor will be responsible for the maintenance after that correction is complete.
Contractor or representative shall be available to perform regular inspections of the district(s) with the Project Manager or his or her representative. Inspections shall occur once per month at an agreed-upon time.
4000-9 RESPONSE AND INQUIRIES.
The Contractor shall be required to respond within 90 minutes to any inquiries made between the hours of 7:00 am to 4:00 pm Monday through Friday. Inquiries received on weekends and holidays must be replied to at the first available opportunity the following
Business Day.
4000-10
TRAFFIC CONTROL.
Contractor is responsible for traffic control for work within the public right-of-way. If required by the City
, the Contractor must submit a traffic control plan to the City Traffic Engineer 15 days prior to the execution of related work. The traffic control plan must be stamped by a licensed engineer unless Contractor elects to use a standard control plan from
the WATCH Handbook. Plan shall include a detour for pedestrians. If no detour can be safely provided for pedestrians, one crewmember must be assigned flagger duties to safely
escort pedestrians. All traffic control equipment must be in good working condition.
Flaggers and workers must all wear appropriate personal protective equipment. City shall
pay for all traffic control permits.
4000-1
1 DETENTION BASIN FENCES AND GENERAL FENCE
MAINTENANCE.
If applicable to the district, on designated service days, Contractor shall perform a visual inspection, looking for missing and/or damaged parts. On designated service days, the fence will be thoroughly inspected for damaged or missing bars, loose footings, and chipped paint. Irrigation heads must be operating in a manner as to not spray the fence. Any issue found during inspections will be reported in writing to the Project Manager or his or her designated representative. If a hazardous condition exists, Contractor must make necessary adjustments to ensure the area is safe. Annually, all fencing on property should be pressure washed in January
, to remove any webs, plant material and dirt from the fence.
Agreement No. 32400238
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4000-12 DETENTION BASINS.
Where applicable, Contractor is to maintain detention basins in accordance with the service level which applies to the District. Drain inlets and the outlet structures should be cleared of vegetation to ensure that flow restrictions do not occur. 4000-13
WATERWAYS RIPRAP .
Where applicable, Contractor shall maintain the loose stone used to form the foundation for
the breakwater along waterways within the District. This includes the treatment and abatement of weeds and removal of any debris from the riprap. Contractor to provide aquatic safe herbicide chemicals for killing the weeds. Contractor may be required to hand pull dead weeds if they are deemed unsightly. These treatments shall be completed quarterly at minimum. In the event of accelerated growth due to rain, Contractor may be required to address the area with higher frequency.
4000-14
MAINTENANCE REPORTING SOFTWARE.
Contractor will be required to utilize the maintenance reporting software designated by the
Project Manager or his or her representative during the term of the contract. Usage of the software will include, but is not limited to property check-ins, deficiency reporting, work orders, inventory management, etc.
4000-15 STAFFING EXPECTATIONS.
Contractor is expected to adjust and manage staf
fing as necessary to complete the tasks and
frequency of tasks as outlined within this scope of work.
4000-15-1 SERVICE LEVEL A
Contractor will be required to have a
minimum staffing level of one (1) irrigation
technician and one (1) crew supervisor, on property for eight (8) hours per day, five (5) days per week, Monday – Friday
. Weekend and Holiday staffing will be
determined as necessary by the Contractor to address maintenance requirements.
4000-15-2 SERVICE LEVEL B
Contractor will be required to have one (1) full time irrigation technician and one (1)
crew supervisor on property during service days. Staffing levels should reflect the number of staf
f needed to complete the services required through this contract. 4000-15-3 SERVICE LEVEL C, D AND F
Contractor will be required to have one (1) crew supervisor on property on service
days. Contractor will be required to have an irrigation technician available to address deficiencies within a 24 hour time frame but this person does not need to be on property during service days.
Agreement No. 32400238
945
4000-15-4 RAIN AND INCLEMENT WEATHER
In the event of inclement weather
, Contractor remains responsible for providing
services. Power machinery and tools that cannot be operated safely in foul weather
conditions may not be used. However, Contractor is to exhaust all other means of providing service prior to ending any service days in any District. Contractor is
responsible for providing for the safety of their crews and in the event that crews will not be on site due to weather conditions, Contractor must notify the Project Manager in writing.
4000-15-5 STAFF UNIFORMS
Contractor will be required to provide staff uniforms that uniquely identify them as crew members assigned to this contract. If the Contractor maintains contracts with
HOAs or businesses within the City, the Contractor shall be required to have their staf
f wearing uniforms which clearly identify them from other Contractor’s staff working in the HOA or business areas. Uniforms shall be agreed upon between
Contractor and the Project Manager prior to the start of any work. 4000-16 MULCH.
During the course of this Agreement, Contractor may be required to install up to 2,000 cubic yards of mulch per calendar year at no additional cost to the City. City shall provide mulch which shall be clean and free of all undesirable debris. Mulch may be applied to, but is not
limited to, the following areas: planters, tree wells, pathways, medians, and parkways.
Mulch is to be applied during the months of February, May, August, and October. Mulch may be applied via blower or by hand if appropriate.
SECTION 5000. GENERAL LANDSCAPE MAINTENANCE, FERTILIZATION,
WEED AND INSECT CONTROL SPECIFICA
TIONS
5000-1
INSTRUCTIONS FOR USE.
All pesticides, insecticides, fertilizers, and any other chemical products must be used in strict compliance with labels and instructions. All pesticide applications must be made with “Mark-It Blue” fading colorant or “Equal” when applied to hardscapes. Applications must comply with all state and federal regulations. The specifications contained herein are intended to be consistent with current label instructions. In the event the specifications conflict with instructions on the pesticide, herbicide, or fertilizer labels, the label instructions shall govern. MSDS (Material Safety Data Sheets) forms shall be placed in visible locations prior to spray applications.
5000-2 CHEMICALS AND FERTILIZERS.
Contractor, rather than the City, shall apply all chemicals and fertilizers.
Agreement No. 32400238
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5000-3 WEATHER.
Chemical types and applications must be applied based upon the weather conditions.
5000-4 INSECT, DISEASE AND NUTRIENT PROBLEMS.
Contractor shall control any insect, disease, or nutrient problems that may occur during the
year.
5000-5
EXTRA VISITS.
Contractor shall make necessary visits during the year to correct any problems that may occur during the Contract Term.
5000-6
VERTEBRATE (PEST) CONTROL.
Gopher and rodent problems are to be addressed according to the Service Level listed in the
Chart for that particular district. Vertebrate pest control abatement shall include the following locations but are not limited to turf, planter beds, shrubbery, vines, ground cover or in association with tree maintenance. W
ritten notification of the type of pesticide to be
used and frequency of application must be submitted to the Project Manager or his or her
representative for pre-approval.
SECTION 6000. REPORTS
Contractor will be required to utilize the maintenance reporting software as determined by
the City and report daily work being performed on designated service days with pictures and comments detailing work that has been completed. Contractor’s lead worker(s) and/or irrigation tech(s)
shall be required to keep the maintenance reporting software active on device for the duration of time while on site. The following reports will be required from the Contractor on a monthly basis within Service Level A through D Districts and quarterly within Service Level F Districts:
● A Tree and Plant Health Inspection Report using the maintenance reporting software for the entire property.
● A General Inspection Report detailing tasks that have been completed and those still in progress. This report should reference both deficiencies addressed by the City’s maintenance inspection report and feedback provided by the Project Manager and Landscape Maintenance Inspector
● Irrigation Report detailing deficiencies discovered, their repair, and any additional irrigation tasks that to be completed on designated service days.
Contractor reports shall include photographs of any repairs or enhancements made to a location within the designated maintenance area along with any necessary comments or feedback in regards to work order concerns.
SECTION 7000. REFUSE DISPOSAL
Contractor will be required, at Contractor’s expense, to dispose of all green waste within the Oxnard City limits either through drop of
f at the Del Norte Transfer Station or through a
green waste bin at an agreed upon location(s). The Contractor may be provided a
right-of-use entry to an agreed upon location for storage of such a bin. Clean wood mulch Agreement No. 32400238
947
generated during the course of this agreement may be stored at an agreed upon location on-site and spread within designated areas.
SECTION 8000. SUPPLEMENTAL LABOR
At the request of the Project Manager
, Contractor may be asked to provide a bid for
supplemental labor for additional landscape maintenance tasks within the District that
include but are not limited to replanting projects, trash/debris removal, and amenity maintenance.
Agreement No. 32400238
948
EXHIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
SCHEDULE OF COMPENSATION
Service Item Unit of
Bid
Frequency
of Service
Service Level
A B C D F
Turf
Maintenance
Mowing,
Edging, and
Trimming
Cost ($) /
Service
Visit
Weekly $ 1,817.17
Every 2
Weeks $ 3,264.14
Every Third
Week $ 4,265.25
Monthly $ 5,713.99
Quarterly $
17,033.75
Aerate
Cost ($) /
Service
Visit
3x Per Year $ 1,603.03
Annually $ 4,319.23 $ 3,761.90 $ 3,489.68
Dethatch
Cost ($) /
Service
Visit
Annually $ 5,625.59 $ 5,052.55 $ 4,400.60
Overseed/Re
novation
Cost ($) /
Service
Visit
Bi-Annually $ 2,812.80
Annually $ 5,052.55 $ 4,400.60
Fertilization
Turf
Cost ($) /
Service
Visit
Quarterly $ 642.75
Bi-Annually $ 1,154.56
Annually $ 2,011.16 $ 1,865.62
Shrubs,
Groundcover,
Vines, and
Trees
Cost ($) /
Service
Visit
Monthly $ 214.25
Quarterly $ 577.28
Bi-Annually $ 1,005.58
Annually $ 1,865.62
Trash and
Debris
Removal
Entire Area
including but
not limited to:
Turf, Shrubs,
Groundcover,
Cost ($) /
Service
Visit
Daily $ 42.26
Weekly $ 266.44 $ 232.06 $ 215.26
Agreement No. 32400238
949
Receptacles/
Mutt Mitts (on
designated
service days)
and Gutters
(All services
listed in
sections
4000-1 and
4000-2))
Graffiti
Inspect and
Remove
Cost ($) /
Service
Visit
Daily $ 7.04
Weekly $ 44.41
Every Two
Weeks $ 77.35
Monthly $ 155.47
Pest Control
Complete
control and/or
eradication of
all pests
within the
service area
(cost per
diagnosis and
application)
Cost ($) /
Service
Visit
Spray &
Treat as
Required
$ 5,142.00 $4,618.23 $4,618.23 $3,731.25
Weed
Control
Complete
control and/or
eradication of
all weeds
within the
landscape as
scheduled
Cost ($) /
Service
Visit
Daily $ 56.35
Every 2
Weeks $ 177.62
Every Third
Week $ 928.41
Monthly $ 1,243.75
Quarterly $ 3,688.84
Irrigation
Inspect and
adjust/repair
Cost ($) /
Service
Visit
Daily $ 77.48
Every 2
Weeks $ 976.93
Every Third
Week $ 1,276.56
Quarterly $ 5,130.47
Pruning and
Trimming
Groundcover,
Vines, and
Shrubs
Cost ($) /
Service
Visit
Weekly $ 841.01
Monthly $ 3,273.17 $ 2,850.82
Quarterly $ 7,933.57
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950
Semi-Annu
ally
$
15,106.19
Trees
Cost ($) /
Service
Visit
Monthly $ 2,140.36
Quarterly $ 5,977.85
Encroachm
ents &
Hazards
Only
$ 20,091.47 $ 18,637.58
Additional / Irregular Services
Service Item Unit of Bid Bid
Soil Testing
Soil Test per Site Cost ($) /
Service Visit $ 200.00
Fencing
Pressure Wash
(annually)
Cost ($) /
Service Visit $ 260.00
Reports
Tree and Plant
Health Inspection
Report
Per Report $ 300.00
General
Inspection
Report
Per Report $ 100.00
Irrigation Report Per Report $ 100.00
Supplemental
Labor
Laborer Hourly Rate $ 56.00
Irrigation Tech Hourly Rate $ 80.00
Crew Lead Hourly Rate $ 65.00
Agreement No. 32400238
951
EXHIBIT D
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER
(hereafter referred to as “SERVICE PROVIDER”)
must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
Exhibit INS-D
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a.
Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c.
If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and Agreement No. 32400238
952
endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
0. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.
Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
0. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
0. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
0. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
0. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-D.doc
Agreement No. 32400238
953
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA VE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF
INSURANCE
POLICY
NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YY)
POLICY
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL
GENERAL LIABILITY
[x] CLAIMS MADE [x]
OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.
GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG.
$1,000,000
PERSONAL & ADV . INJURY
$1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE
LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $ (Per person)
BODILY INJURY $ (Per
accident)
PROPERTY DAMAGE $
A EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN
UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT
$1,000,000
DISEASE-EACH EMPLOYEE
$1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEA VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY , ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Agreement No. 32400238
954
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE • Included in Limits
• In Addition to Limits
Telephone:
• Deductible • Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. • Per Occurrence • Per Claim
(which) NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here • in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS TYPE OF INSURANCE
GENERAL LIABILITY
• COMMERCIAL GENERAL
LIABILITY
• COMPREHENSIVE GENERAL
LIABILITY
• OWNERS & CONTRACTORS
PROTECTIVE
• Claims Made
Retroactive Date
• Occurrence
OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
• GENERAL
• PRODUCTS/COMPLETED
OPERATIONS
• PERSONAL & ADVERTISING
INJURY
• FIRE DAMAGE
•
•
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or a. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
• Broker/Agent • Underwriter •
I
(print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( )
Date Signed
Rev. 1/23 INS-D.doc
Agreement No. 32400238
955
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE • Included in Limits
• In Addition to Limits
Telephone:
• Deductible • Self-Insured Retention (check which) of $ With an Aggregate of $ applies to
Coverage. • Per Occurrence • Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here • in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
( )
$
per accident, for bodily injury and
property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents,
employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits
of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a.
Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or a.
If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except
as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
• Broker/Agent • Underwriter •
I (print/type
name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-D.doc
Agreement No. 32400238
956
EXHIBIT E
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
LIVING WAGE POLICY
Pursuant
to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A.
SERVICE PROVIDER shall compensate any employee of SERVICE
PROVIDER
who provides services under this Agreement in accordance with the Living Wage Policy , attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SER VICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SER VICE
PROVIDER
shall provide to such employee no less than 96 hours of paid leave per calendar year.
B.
SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy
adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy , the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D.
In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SER VICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
Agreement No. 32400238
957
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
SER
VICE PROVIDER shall compensate any employee of SERVICE
PROVIDER
who provides services under this Agreement in accordance with the Living Wage Policy , attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SER VICE
PROVIDER
shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according
to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SER VICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a.
SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy
adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy , the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c.
In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SER VICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy . SER VICE
PROVIDER
shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
Agreement No. 32400238
958
EXHIBIT F
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement No. 32400238
959
Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY
.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.
SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’ s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
1 1. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ Agreement No. 32400238
960
compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, of ficers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, of ficers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
Agreement No. 32400238
961
EXHIBIT G
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
IRAN CONTRACTING ACT CERTIFICA
TION
IRAN CONTRACTING ACT CERTIFICA
TION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204 . (a) A public entity shall require a person that is submits a bid or proposal to , or otherwise proposes to enter into or renew a contract with , a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below.
Please note, California law established penalties for providing false certifications , including civil penalties equal to the greater of $250 , 000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No . 1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entityidentified below , and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engagedin investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): By
(Authorized Signature):
Printed Name & Title of Person Signing:
Federal ID Number (or n/a):
Date Executed
Executed in the County of in the State of
OPTION No.2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institutionengaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed):
By (Authorized Signature):
Printed Name & Title of Person Signing:
Executed in the County of
Federal ID Number (or n/a):
Date Executed
in t he State of
Agreement No. 32400238
962
Removal of grass clippings
=
LANDSCAPE MAINTENANCE CITATION FORM
Maintenance Item Date Comments Cita on Issued
(Y/N) # of Occurences Cita on Amount Total
Mowing, Edging & Trimming x $250.00 =
Aera on x $250.00 =
Dethatching x $250.00 =
Overseeding x $250.00 =
x $250.00 =
Turf x $250.00 =
Shrubs, Groundcover, Vines, Trees x $250.00 =
x $250.00 =
$250.00 =
x $250.00
Shrubs, Groundcover, Vines x $250.00 =
Trees x $250.00 =
x $250.00 =
x $250.00 =
City Of Oxnard: Date:
Turf
Fer liza on
Trash and Debris Removal
Weed Control
Pest Control
Pruning, Trimming & Staking
Graffi
Irriga on
x
Citations are issued in the event that services are not provided to an acceptable standard or for failure to perform the work in accordance with agreement section 10.
Comments: Please see attached supplemental document for additional notes. 7/24/2023
LANDSCAPE MAINTENANCE & SERVICE AGREEMENT
(CITY of Oxnard and Mariposa Landscapes, Inc.)
Agreement No. 32400238
963
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0 SCALE: 1"=150'
150300450
N
S
E W
SHEET INDEX
DESCRIPTION
3 SHEET
NO.
WESTPORT
1TITLE SHEET
2WESTPORT
WESTPORT
SHEET 2
WESTPORT
SHEET 3
MARK DATEDESCRIPTIONBY
REVIEWED BY:
NUMBER
DRAWING DRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
OND
Development Services Department
Date City Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720CVI
LI
FESS
ION
REGI STERED
PRO
AL
ENGINEER
STATE
O
F
CALIFORNIA
HUENEMERD.
NAUMAN RD.
VENTURA RD.
OLDS RD.
VICTORIA AVE.
CHANNEL ISLANDS BLVD.
HARBOR
BLVD.
OCEAN DR.
SAVIERS RD. OXNARD BLVD.
WOOLEYRD.
CASPER RD.
ARNOLD RD.
EDISON RD. PLEASANT VALLEY
RD.
ETTING RD.
RICE AVE.
DODGE RD.
HAILES RD.
LAGUNA RD.
STURGIS RD.
MANDALY
BEACH
BLVD.
GONZALESRD.
DORIS AVE.
W. FIFTH ST.E. FIFTHST.
WOOD RD.
WOLF RD.
OLDS RD.
ROSE AVE.
HEMLOCKST.
J ST.
H ST.
TEAL CLUB RD.
HARBOR
BLVD.
DEL NORTE BLVD.
3 RD ST.
2ND ST.
CAMINODEL SOL
CITY OF VENTURA
SATICOY
LOS ANGELES AVE.
BEARDSLEY RD. WRIGHT RD.
STRIKLAND
ACRES
CENTRAL AVE.
NYELAND
ACRES
WAGON WHEEL
JUNCTION
MONTALVO
NAVAL BASE
VENTURA COUNTY
McWANE BLVD. C ST.
VENTURA CO. AIRPORT
NAVAL BASE
0 1/2 123
STATUTE MILES
SANTA PAULA FWY. 126
TELEGRAPH
RD.
TELEPHONE
RD.
ROSE AVE.
SANTA CLARA AVE.
VINEYARD AVE.
G ST.
EL RIO
PERKINS RD.
ARCTURUS AVE.
CITRUS GROVE LN.
PORT HUENEME
HARBOR
CHANNEL
ISLANDS
HARBOR
CITY OF OXNARD ENGINEERING DIVISION JAN. 1994
MANDALAY BEACH
OXNARD BEACH
HOLLYWOOD BY THE SEA
SILVER STRAND
ORMOND BEACH
C D EFG H I JKLMN OPQRSTUV WXYZ
40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
Z CD EFGHIJL KMNOPQR STUVWXY
3940 3738 36 35 34 33 32 31 30 29 28 242627 25 2223 21 20 19 18 17 16 15 14 13 912 11 10 8 7 6 5 4 3 2 1
VENTURA COUNTY
SANTA CLARA
RIVER
VINEYARD
AVE.
PATTERSON RD.
VENTURA
FRWY
101
OXNARD BLVD.
COAST
HWY. 1
PORT
HUENEME
POINT MUGU
THOUSAND OAKS
CAMARILLO
OXNARD
PORT HUENEME
VENTURA
OJAI
SANTA PAULA
LOS ANGELES COUNTY
KERN COUNTY
SANTA BARBARA COUNTY
CALIFORNIA
CITY OF
OND
LEGEND AREA (IN SQ FT.)
RESTROOM912
PARKING14,298
PLAYGROUND/EXERCISE 3,837
MEDIAN13,842
TURF135,996
CONC64,691
NATURE TRAIL22,725
PLANTER153,978
ROCK RIP RAP79,148
FENCE1,568 (LF)
MASTER MAINTENANCE DISTRICT BOUNDARY
TREES595
STREETLIGHTS22
BOLLARD LIGHTS30
WOOLEY ROAD
CHESAPEAKE DRIVE
VIEWPOINT DRIVE
WATERSIDE LANEADMIRAL WAY
TRADEWINDS DRIVE
BAYSIDE CIRCLE
AHOY LANE
VIEWPOINT DRIVE
NOT PART OF BIDAREA (IN SQ FT.)
NAVITE HABITAT 51,407
Agreement No. 32400238
964
120112111221
1231
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4345
4337
4335
4327
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4307
4305
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4423
4317
4315
4409
4407
0 SCALE: 1"=60'
60120180
N
S
E W
MATCH LINE SEE SHEET 3
MARK DATEDESCRIPTIONBY
REVIEWED BY:
NUMBER
DRAWING DRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
OND
Development Services Department
Date City Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720CVI
LI
FESS
ION
REGI STERED
PRO
AL
ENGINEER
STATE
O
F
CALIFORNIA
ADMIRAL WAY
TWIN TIDES PLACE
WATERSIDE LANE
VIEWPOINT DRIVE
CHESAPEAKE DRIVE
BAYSIDE CIRCLE
BAYSIDE LANE
TRADEWINDS DRIVE
LEGEND AREA (IN SQ FT.)
RESTROOM912
PARKING14,298
PLAYGROUND/EXERCISE 3,837
MEDIAN13,842
TURF135,996
CONC64,691
NATURE TRAIL22,725
PLANTER153,978
ROCK RIP RAP79,148
FENCE1,568 (LF)
MASTER MAINTENANCE DISTRICT BOUNDARY
TREES595
STREETLIGHTS22
BOLLARD LIGHTS30
NOT PART OF BID AREA (IN SQ FT.)
NAVITE HABITAT 51,407
B1
B2
B3
B4
B5
B6
B7
B8
B9
B10
B11
B12
B13
B14
B15
B16
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B18
B19B20
B21
B22
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B24
B25
B26
B27 B28
B30
B29
L1 L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L20L21
Agreement No. 32400238
965
1341
1351
1361
1354
4347
4345
4337
4335
4327
4325
4317
4315
4307
4305
4425
4423
4317
4315
4409
4407
4421
4419
4413
4411
4405
4403
4401
4400
4420
4410
4400
1501151115211531154115511561
1410142014301440145014601470148015001510152015301540155015601570 1586
1584
1582
1580
1413142314331443145314631473150315131523153315431553
14041414142414341444145414641474150415141524153415441554 1568
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1564
1562
1560
1341
1351
1361
1354
4347
4345
4337
4335
4327
4325
4317
4315
4307
4305
4425
4423
4317
4315
4409
4407
4421
4419
4413
4411
4405
4403
4401
4400
4420
4410
4400
1501151115211531154115511561
1410142014301440145014601470148015001510152015301540155015601570 1586
1584
1582
1580
1413142314331443145314631473150315131523153315431553
14041414142414341444145414641474150415141524153415441554 1568
1566
1564
1562
1560
0 SCALE: 1"=60'
60120180
N
S
E W
MATCH LINE SEE SHEET 2
MARK DATEDESCRIPTIONBY
REVIEWED BY:
NUMBER
DRAWING DRAWN BY:
CHECKED BY:
HORIZ.
VERT.
APPROVED:
CALIFORNIA
CITY OF
OND
Development Services Department
Date City Engineer R.C.E. 46333
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010
PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM
NO 66720CVI
LI
FESS
ION
REGI STERED
PRO
AL
ENGINEER
STATE
O
F
CALIFORNIA
VIEWPOINT DRIVE
TWIN TIDES PLACE
ADMIRAL WAY
CHESAPEAKE DRIVEAHOY LANE
LEGEND AREA (IN SQ FT.)
RESTROOM912
PARKING14,298
PLAYGROUND/EXERCISE 3,837
MEDIAN13,842
TURF135,996
CONC64,691
NATURE TRAIL22,725
PLANTER153,978
ROCK RIP RAP79,148
FENCE1,568 (LF)
MASTER MAINTENANCE DISTRICT BOUNDARY
TREES595
STREETLIGHTS22
BOLLARD LIGHTS30
NOT PART OF BID AREA (IN SQ FT.)
NAVITE HABITAT 51,407
L13
L20L21
L14
L15
L16
L17
L18
L19
L22
Agreement No. 32400238
966
ALL BLANK Fields Must Be Completed EXCEPT for TOTAL FieldsService ItemUnit of BidFrequency ofService Service Level Notes / Instructions to BiddersA B C D FTurf Maintenance $ 1,817.17$ 3,264.14$ 4,265.25$ 5,713.99$ 17,033.75$ 1,603.03$ 4,319.23$ 3,761.90$ 3,489.68$ 5,625.59$ 5,052.55$ 4,400.60$ 2,812.80$ 5,052.55$ 4,400.60Fertilization $ 642.75$ 1,154.56$ 2,011.16$ 1,865.62$ 214.25$ 577.28$ 1,005.58$ 1,865.62Trash and DebrisRemoval $ 42.26
$ 266.44$ 232.06$ 215.26
Graffiti $ 7.04$ 44.41$ 77.35$ 155.47Pest Control
$ 5,142.00$ 4,618.23$ 4,618.23$ 3,731.25
Weed Control $ 56.35$ 177.62$ 928.41$ 1,243.75$ 3,688.84Irrigation $ 77.48 $ 976.93
$ 1,276.56
$ 5,130.47Pruning and Trimming $ 841.01$ 3,273.17$ 2,850.82$ 7,933.57$ 15,106.19$ 2,140.36 $ 5,977.85
$ 20,091.47$ 18,637.58
TOTAL
Additional / Irregular Services Notes/Instructions to Bidders Mowing, Edging, andTrimmingCost ($) / ServiceVisit
Weekly
Costs are expected to be provided perservice rendered, for example, if mowingonce per quarter, cost per service may bereasonably higher than the daily rate dueto the expected intensity of the work to bedone. However, if services rendered arethe same without regard to theirfrequency, then the same cost per servicemay be appropriate.
Every 2 WeeksEvery Third WeekMonthlyQuarterly
AerateCost ($) / ServiceVisit 3x Per YearAnnuallyDethatchCost ($) / ServiceVisit Annually Overseed/RenovationCost ($) / ServiceVisit Bi-AnnuallyAnnually Turf Cost ($) / ServiceVisit Quarterly
No notes / additional instructions
Bi-AnnuallyAnnually
Shrubs, Groundcover,Vines, and TreesCost ($) / ServiceVisit MonthlyQuarterlyBi-AnnuallyAnnually
Entire Area includingbut not limited to: Turf,Shrubs, Groundcover,Receptacles/Mutt Mitts(on designated servicedays) and Gutters (Allsevices listed insections 4000-1 and4000-2)) Cost ($) / ServiceVisit
Daily
All services listed within the scoperegarding trash and debris removal are tobe amortized using the listed frequency ofservice. For example, service level Aincludes specific tasks to be performed onspecific days throughout the year. Theadditional costs of these tasks are to beincluded within the daily price of keepingthe service area clean throughout theyear. For service levels B through D thesetasks will be required to be performedonly once per week as detailed in section4000-1 and 4000-2.
Weekly
Inspect and RemoveCost ($) / ServiceVisit
Daily No notes / additional instructionsWeeklyEvery Two WeeksMonthly Complete controland/or eradication of allpests within the servicearea (cost perdiagnosis andapplication) Cost ($) / ServiceVisit Spray & Treat asRequired
Costs provided here should be for theexpected general cost of maintaining anarea of this size and scope on a pertreatment basis. An example may be theannual pest control cost of a similarlysized area the vendor services divided bythe total number of applications requiredto control the area, which would yield aper application average cost.
Complete controland/or eradication of allweeds within thelandscape asscheduled Cost ($) / ServiceVisit
Daily Costs are expected to be provided perservice rendered, for example, ifcontrolling weeds only once per quarter,cost per service may be reasonablyhigher than the daily rate due to theexpected amount and intensity of work tobe done.
Every 2 WeeksEvery Third WeekMonthlyQuarterly
Inspect andadjust/repairCost ($) / ServiceVisit
Daily Costs are expected to be provided perservice rendered, for example, if irrigationis only inspected and adjusted or repairedonce per quarter, costs may higher perservice due to the amount of workrequired during that service visit than itwould be if these services wereperformed daily.
Every 2 Weeks
Every Third Week
Quarterly
Groundcover, Vines,and ShrubsCost ($) / ServiceVisit
Weekly Costs are expected to be provided perservice rendered, for example, if pruningonce per quarter, cost per service may bereasonably higher than the daily rate dueto the expected intensity of the work to bedone. However, if services rendered arethe same without regard to theirfrequency such as for hazards andencroachment, then a single per servicemay be appropriate.
MonthlyQuarterlySemi-Annually
Trees Cost ($) / ServiceVisit
Monthly
QuarterlyEncroahments &Hazards Only
$ 966,076.29
967
Service ItemUnit of Bid BidSoil Testing
Fencing
Reports
Supplemental Labor
TOTAL
Soil Test per SiteCost ($) / ServiceVisit $ 200.00No notes / additional instructions Pressure Wash(annually)Cost ($) / ServiceVisit $ 260.00This price should be reflective of a onetime service to pressure wash all Districtfencing.
Tree and Plant HealthInspection ReportPer Report$ 300.00No notes / additional instructionsGeneral InspectionReport Per Report$ 100.00No notes / additional instructionsIrrigation ReportPer Report$ 100.00No notes / additional instructions LaborerHourly Rate$ 56.00No notes / additional instructionsIrrigation Tech Hourly Rate$ 80.00No notes / additional instructionsCrew LeadHourly Rate$ 65.00No notes / additional instructions $ 1,161.00
TOTAL $ 967,237.29
968
4 9
5 34
7 8
1 2
3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)
CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:
Geographic Information Systems Division
March 2023
Data Source:
City of Oxnard GIS Division
County of Ventura GIS Program
969
1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island
MAINTENANCE ASSESSMENT DISTRICT
WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony
LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS
COMMUNITY FACILITIES DISTRICTS
970
ABCD F
Weekly X
Every 2 Weeks X
Every Third Wee
k X
Monthly X
Quarterly X
3x per Year X
Annually XXX
Not Performed X
Annuall
y XXX
Not performed X X
Bi‐Annually X
Annually XX
Not Performed X X
ABCD F
Quarterly X
Bi‐annually X
Annually XX
None X
Monthly X
Quarterly X
Bi‐annually X
Annually X
None X
ABCD F
Daily X
Weekly XXX
Monthly
Not Performed X
ABCD F
Daily X
Weekly X
Every two weeks X
Monthly X
When reported X
ABCD F
Spray and Treat as required X X X X
Not performed X
ABCD F
Daily X
Every 2 Weeks X
Every Third Week X
Monthly X
Quarterly X
Inspect and remove as needed
Level of Service
Frequency Level of Service
Entire Area including but not limited to: Turf, Shrubs, Groundcover and Gutters Level of ServiceFrequencyTurf Maintenance Schedule
Mowing, Edging & Trimming around sprinkler heads
Turf
Shrubs, Ground Cover and Vines
Aerate to relieve compaction and stress
Overseed Stressed Areas
Trash and Debris Removal
Dethatch (remove thatch layer to promote growth)
Complete control and/or eradication of all weeds within the landscape as scheduled Weed Control Schedule Frequency Level of Service
Level of ServiceFertilization Schedule Frequency
Graffiti Frequency
Pest Control Schedule Frequency Level of Service
Complete control and/or eradication of all plant pests within the landscape on designated service days
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
971
ABCD F
Daily X
Every two weeks X
Every Third week X
Quarterly X
Respond to complaints X
ABCD F
Weekly X
Monthly X X
Quarterly X
Semi‐annually X
X
X
XX
X
Inspect and adjust/repair as needed
Frequency Level of Service
City of Oxnard Landscape Maintenance Service Levels and Frequency of Operations for Assessment Districts Version 5
Trees
Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks monthly Maintain all trees in their natural shape to 13.5' above street and 9' above sidewalks quarterly Trim as needed to prevent encroachments or hazards
Report encroachments or hazards
Groundcover/
Vines/Shrubs Trim to prevent encroachment
Irrigation Frequency Level of Service
Pruning and Trimming Schedule
972
Agreement 32400238 with Mariposa
Landscapes Inc. for Landscape
Maintenance Services within Community
Facilities District No. 2.
Public Works & Transportation Committee, October 24, 2023 City Council, November 7, 2023
Anthony Miller
Special Districts Project Manager
973
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with Mariposa Landscapes
Inc. for landscape maintenance services within Community Facilities District No. 2 in the amount not to exceed
$1,564,500.00 for the maximum five year term of the
Agreement, with an initial term of twelve months, ending December 31, 2024, after which the Agreement may be
extended for four additional one-year terms with a fully extended final term ending on December 31, 2028.
RECOMMENDATION
2 974
That the City Council approve and authorize the Mayor to execute an Agreement with Mariposa Landscapes Inc. for
landscape maintenance services within Community Facilities District No. 2 in the amount not to exceed $1,564,500.00 for the maximum five year term of the Agreement, with an initial term of twelve months, ending December 31, 2024, after
which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on December 31, 2028.
RECOMMENDATION
3 975
4 MAP OF SPECIAL DISTRICTS IN THE CITY OF OXNARD
More information
can be found at:
oxnard.org/city-dep
artment/finance/spe
cial-assessment-dis
tricts/
976
• The Special Districts Division of the Public Works
Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts,
including Community Facilities District No. 2 (“CFD-2” or “Westport”).
• Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways,
medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains.
BACKGROUND
5 977
• Properties within these Districts are charged an annual parcel charge for the purposes of maintaining these and other authorized services and improvements.
• Properties within each District are assessed in an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within
their District.
• Since 2019, Garcia’s Landscape Maintenance Inc. has
provided landscape maintenance services to CFD-2.
BACKGROUND
6 978
• CFD 2 was established in 2000 with the approval of the property owners to pay for the cost and expense of
providing certain public services throughout the Westport development, which includes, but is not limited to the
maintenance of parks, parkways and open spaces, and the waterways within and adjoining the CFD and the harbor.
• CFD-2 is part of four (4) “Waterways Districts” that are located around the Channel Islands Harbor and directly
managed by a Project Manager and two (2) Landscape
Maintenance Inspectors.
DISCUSSION
7 979
• This Agreement for landscape maintenance services will provide services within CFD 2 at the service level and
frequency that is specified in the Agreement. The services include trash pickup, mowing, weeding, maintenance of all plant material and ground cover, application of fertilizer, pesticides, and herbicides, removal of graffiti, and servicing park improvements.
• The landscape contractor is to furnish all labor, materials, supplies, and equipment to complete the work as required by this Agreement.
DISCUSSION
8 980
• Currently, Westport is maintained at service level A. This service level is anticipated to remain at this level outside of changes in funding levels or input from the community.
• In order to maintain the selected level of service and ensure quality performance, Division staff will meet with the contractor on a monthly basis to review their
performance.
• Any failures to provide services that are not addressed in a timely and professional manner, will result in a penalty for each occurance against the contractor's monthly invoice.
DISCUSSION
9 981
• The Purchasing Department released a Request for Bid
(RFB) PW24-26 for Landscape Maintenance - Community
Facility District 4 Westport on August 29, 2023, with a bid due date of September 20, 2023.
• The text “CFD-4” was incorrectly used within the title of the solicitation; however, all supporting documentation within the bid package and maps of service areas specifically
stated “CFD-2” as the area that was being bid.
• All bidders who attended the job walk on September 6th were reminded of this and directed to review the
solicitation materials. No questions regarding the error in the title were received.
DISCUSSION
10 982
• The RFB PW24-26 received a total of five (5) bids from the following contractors:
• Mariposa Landscapes Inc.,
• SGD Enterprises dba Four Seasons Landscaping,
• Garcia’s Landscaping Maintenance Inc,
• JAS Landscape, LLC., and
• American Heritage Landscape.
• Each bid was evaluated based on the total cost of service for all services levels (aggregate) on an annual basis. “As Needed/As Required” and “Additional/Irregular Services” prices were included as a one time expense.
DISCUSSION
11 983
• These prices were compiled into a total bid price, which was then used to determine the lowest bidder. Therefore, the actual annual cost of the lowest bid will be less than the aggregate total.
Total Bid Price (Aggregate)
• Mariposa Landscapes Inc. $967,237
• SGD dba Four Seasons Landscaping $1,210,177
• Garcia’s Landscape Maintenance Inc. $2,600,177
• JAS Landscaping $5,268,478
• American Heritage Landscaping $44,245,878
DISCUSSION
12 984
● After initial review, staff identified challenges in comparing the bids and the five (5) companies were issued a Request for Clarification (“RFC”) and an updated rate sheet to
utilize with a due date of September 26, 2023.
● An additional review was conducted with the determination of Mariposa Landscapes Inc. to be the lowest, responsive bidder pursuant to the process outlined in the Oxnard
Municipal Code.
DISCUSSION
13 985
• Staff has confirmed that Mariposa Landscapes Inc. meets all required City contractual provisions including
possession of a City business tax certificate, insurance certificates and corporate filing with the California
Secretary of State.
• Based upon the available information and research
performed to date, staff believes that the contractor is capable of satisfactorily providing the necessary services.
DISCUSSION
14 986
• The total cost of this Agreement if extended to its
maximum allowable term of 5 years shall not exceed
$1,564,500.00.
• Increases to the Contract price may be requested by the Contractor and cannot exceed a 3% increase year over
year. Any increase requested must be substantiated with supporting documentation such as increases in materials pricing, CPI increases, or other cost increases.
FINANCIAL IMPACT
15 987
• The City reserves the right to request a price reductions.
Any change in pricing must be requested in writing and
must be agreed to by both City and Contractor prior to the changes taking effect.
• Prices may be adjusted per the language in the Agreement on an annual basis after the initial 12 month term.
FINANCIAL IMPACT
16 988
• The estimated spending plan in Fiscal Year 2023-24 is $141,500.00 commencing January 1, 2024.
• Sufficient funds are included in the Adopted FY 2023-24 Operating Budget and subsequent fiscal years will be
requested through the annual budget process.
• This Agreement will be funded in its entirety from the Professional Services account of CFD-2, 60203801-53200.
FINANCIAL IMPACT
17 989
18This is the footer.
990