Contractor Agreement - Landscape West 04-01-20251
CONTRACTOR AGREEMENT FOR
HEADQUARTERS AND DISTRICT YARD LANDSCAPING
MAINTENANCE SERVICES
This Agreement is made and effective as of April 1, 2025, between the Costa Mesa
Sanitary District, a sanitary district ("District") and Landscape West Management
Services, Inc. a corporation ("Contractor"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
Recitals
WHEREAS, District requires monthly landscaping maintenance services to the
District Headquarters and District Yard
WHEREAS, Contractor is experienced in providing landscaping maintenance
services to clients; and
WHEREAS, Contractor is knowledgeable about California legal requirements for
local government entities and is competent to provide services required hereby.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1.TERM
This Agreement shall commence on April 1, 2025 and shall remain and continue
in effect unless sooner terminated pursuant to the provisions of this Agreement. This
Agreement shall be for a period of three (3) years with up to two (2) one-year possible
extensions.
2.SERVICES
Contractor shall provide landscaping maintenance services to the Costa Mesa
Sanitary District Headquarters and District Yard. The monthly services include the upkeep
of landscaping, irrigation inspection, spraying herbicides, applying fertilizer, gopher
treatment, and proper disposal of landscaping material. These services shall meet the
requirements of State law and shall be performed in accordance with the proposal set
forth as Exhibit A, B and C.
3.PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of its ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its
obligations under this Agreement.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
2
4.PAYMENT
The District agrees to pay Contractor a sum not to exceed $1,350.00 monthly to provide
landscaping maintenance services. The payment shall identify the tasks performed and
deliverables and shall correspond to the scope of work.
5.SUSPENSION OR TERMINATION OF AGREEMENT
(a)Either party may terminate the Agreement without cause by giving 30 days’
notice. In the event of such termination, Contractor shall be entitled to be paid
for work performed up until the time of termination provided the work product
is produced for District’s use.
(b)In the event of default, no compensation shall be paid, and the Agreement
may be terminated in 5 days provided an opportunity to cure is provided in
that time period.
6.OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect
to the project and such other information required by District that relate to the performance
of services under this Agreement. Contractor shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Contractor shall provide free access to the
representatives of District or its designees at reasonable times to such books and records;
shall give District the right to examine and audit said books and records; shall permit
District to make transcripts therefrom as necessary; and shall allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such records,
together with supporting documents, shall be maintained for a period of three (3) years
after receipt of final payment.
(b) Upon completion, termination or suspension of this Agreement all other
documents prepared in the course of providing the services to be performed pursuant to
this Agreement shall become the sole property of the District and may be used, reused
or otherwise disposed of by the District without the permission of the Contractor.
7.INDEMNIFICATION
(a)Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by
law, Contractor shall indemnify, protect, defend and hold harmless District and any and
all of its officials, employees and agents ("Indemnified Parties") from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
3
to the extent the same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contractor, its officers, agents, employees or subconsultants (or any
entity or individual that Contractor shall bear the legal liability thereof) in the performance
of professional services under this Agreement.
(b)Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless District, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
loses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorney’s fees and costs, court costs, interest, defense costs and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Contractor or by any individual or
entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subconsultants of Contractor.
8.INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit “B” attached to and part of this
Agreement. Such insurance shall include commercial general liability, and current
automotive and worker’s compensation. A certificate of insurance shall be submitted.
9.INDEPENDENT CONSULTANT
(a) Contractor is and shall at all times remain as to the District a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither
District nor any of its officers, employees, or agents shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents, except as set forth in
this Agreement.
(b) No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, District shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for District. District shall not be liable for compensation
or indemnification to Contractor for injury or sickness arising out of performing services
hereunder. In addition to the indemnity provisions in Paragraph 7, Contractor shall
indemnify District for any claims that any officer, agent or employee of Contractor is
eligible for pension or other fringe benefits provided to District’s employees.
10.LEGAL RESPONSIBILITIES
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
4
The Contractor shall keep itself informed of State and Federal laws and
regulations, which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The District, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
11.UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure has been
used against or in concert with any officer or employee of the Costa Mesa Sanitary District
in connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement or financial inducement. No officer
or employee of the Costa Mesa Sanitary District will receive compensation, directly or
indirectly, from Contractor, or from any officer, employee or agent of Contractor, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the District to any and all remedies at law or in equity.
12.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of District, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to any project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceed thereof, for work to be performed in
connection with the project performed under this Agreement.
13.RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without District's prior
written authorization. Contractor, its officers, employees, agents or subconsultants, shall
not without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
District. Response to a subpoena or court order shall not be considered "voluntary"
provided Contractor gives District notice of such court order or subpoena.
(b) Contractor shall promptly notify District should Contractor, its officers,
employees, agents or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, requests for
admissions, or other discovery request, court order, or subpoena from any person or party
regarding this Agreement and the work performed thereunder or with respect to any
project or property located within the District. District retains the right, but has no
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
5
obligation, to represent Contractor and/or be present at any deposition, hearing, or similar
proceeding. Contractor agrees to cooperate fully with District and to provide the
opportunity to review any response to discovery requests provided by Contractor.
However, District's right to review any such response does not imply or mean the right by
District to control, direct, or rewrite said response.
14.NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice:
To District: Costa Mesa Sanitary District
290 Paularino Avenue
Costa Mesa, California 92626
Attn: General Manager
To Contractor: Landscape West Management Services, Inc.
1234 N Blue Gum St.
Anaheim, CA 92806
15.ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the District.
16.LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services described
in this Agreement.
17.GOVERNING LAW
The District and Contractor understand and agree that the laws of the State of
California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior or federal district court with
jurisdiction over the Costa Mesa Sanitary District.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
6
18.ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
19.AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
20.INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any other
document, including any proposal or Exhibit hereto, this Agreement shall control unless
a contrary intent is clearly stated.
21. NO ORAL MODIFICATION
This Agreement may not be modified orally, but only by a writing signed by persons
having the legal authority to bind their clients.
22.PREVAILING WAGES
(a)The provisions of Section 1776 of the Labor Code regarding the preparation,
maintenance, and filing of payroll records are applicable to this AGREEMENT. Each
contractor and subcontractor shall keep accurate payroll records showing the name,
address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in connection with the
public work. Certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or contain the same information. THE
CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR’S PAYROLL RECORDS.
Additionally, CONTRACTOR or subcontractor has 10 days in which to comply
subsequent to receipt of a written notice requesting the records enumerated in Section
1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or
subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to
DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
7
thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct
this penalty from any monies due or that may become due CONTRACTOR under this
AGREEMENT.
(b)Contractor shall submit electronic payment records to the Department of
Industrial Relations.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
COSTA MESA SANITARY DISTRICT Landscape West Management
Services, Inc.
__________________________ __________________________
General Manager Chief Executive Officer
APPROVED AS TO FORM:
__________________________
District Counsel
Michael Garibay
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
BID APPROX. ITEM QUANTITY
1 Per Month
2 Per Month
3 Per Month
4 Per Month
5 Per Month
6 Per Month
CMSD Project February 5, 2025
COSTA MESA SANITARY DISTRICT
SCHEDULE OF WORK ITEMS
HEADQUARTERS/DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
District Head-UNIT TOTAL DESCRIPTION Yard quarters PRICE MONTHLY Cost Cost AMOUNT
Insurance, permits, certifications, and
licensing: Work under this item includes any costs incurred for securing insurance permits (pesticides, herbicides, among others), licensing (business, State Per $ 75 contractors, among others), and Month certifications (hazardous 25 50
materials/chemical handling), and financing for landscaping maintenance work.
Mobilization, demobilization, site visits, site inspections, site management, Per invoicing, coordination with the District, 25 50 Month $ 75 providing updated work schedules,
among other items.
Trim/prune dead or diseased shrubs, hedges, vines, ground covers, flowers in Per planter areas. Furnish all labor, materials, Month $ 75
and equipment necessary for landscaping 25 50
maintenance work.
Visual inspection of irrigation system, to include inspection of pipes and hoses, sprinkler heads, and valves. Ensure system functionality by running the system, check coverage areas, and water pressure. Verify that timers are set Per correctly and adjust timers during 25 50 $ 75 seasonal changes or plant needs. Clean Month and replace filters and ensure backflow prevention devices are in place and functioning. Conduct pipe/hose break and sprinkler head repairs. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Spray herbicide and pull weeds. Furnish Per all labor, materials, and equipment 25 50 $ 75 necessary for landscaping maintenance Month work.
Apply fertilizer and/or plant food as
required. Furnish all labor, materials, and Per $ 75 equipment necessary for landscaping 25 50 Month maintenance work.
Bid Proposal Form - 3 of 7
Exhibit ADocusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA
CONTRACT DOCUMENTS
FOR
HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
Bid Date: Thursday, February 13, 2025, 11:00 am
Mark Esquer District Engineer Costa Mesa Sanitary District
Date: January 2, 2025
Exhibit BDocusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS (BIDS) BID PROPOSAL
STANDARD SPECIFICATIONS
SPECIAL PROVISIONS
ATTACHMENTS Attachment A: COSTA MESA SANITARY DISTRICT SAMPLE CONSTRUCTION AGREEMENT Attachment B: SCOPE OF SERVICES Attachment C: INSURANCE REQUIREMENTS
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 1 of 8
COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor, materials, equipment, transportation, permits, and other items necessary for the following work: HEADQUARTERS AND DISRICT YARD LANDSCAPING MAINTENANCE SERVICES The project includes providing landscaping maintenance services at the Costa Mesa Sanitary District Headquarters and the District Yard.
Bids will be received by the Costa Mesa Sanitary District office at 290 Paularino Avenue, Costa Mesa, California until the hour of 11:00 a.m. on the 13th Day of February, 2025 (Thursday), at which time they will be opened
publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of the project and the name of the bidder. Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal
to the District office at or before the time specified in this notice provided. The approved contract documents including plans and specifications may be downloaded from the District Website: https://www.cmsdca.gov/news___publications/bid_opportunities.php
There is a MANDATORY pre-bid meeting at 10:00 a.m. on Thursday, January 16th, 2025. The pre-bid meeting will be held at the Costa Mesa Sanitary District Headquarters at 290 Paularino Avenue in Costa Mesa. A trip to the District Yard will follow at 174 W Wilson St, Costa Mesa. Participants may park in any available parking stall. The question deadline during the bid period is 10:00 a.m. on January 27th, 2025 (Monday). An addendum addressing questions and/or comments will be issued to the Pre-Bid Meeting attendees on Thursday, January 30th, 2025. It is anticipated that an agreement will be issued to the successful bidder on, or about, February 25th, 2025, or sooner. The successful bidder is expected to sign/execute the agreement within 2-5 days. The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with Department of Industrial Relations and in the office of the DISTRICT and are available to any interested party upon request. The contractor is responsible for all penalties prescribed for noncompliance to these provisions.
It is imperative that the bidders carefully review this notice and the DISTRICT’s agreement and insurance forms. The successful bidder will be required to comply with all requirements in the agreement and insurance forms.
No bidder or subcontractor shall be listed in a bid proposal unless registered with the Director of Industrial Relations pursuant to Labor Code Section 1725.5.
The Board of Directors of the DISTRICT reserves the right to select the schedule(s) under which the bids are to be
compared and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in any bid.
Dated: January 2, 2025 BY DISTRICT ENGINEER Costa Mesa Sanitary District
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 2 of 8
COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA
BID PROPOSAL FORM HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
Name of Bidder: Address:
Phone No.:
TO: DISTRICT CLERK OF THE BOARD: COSTA MESA SANITARY DISTRICT
Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar
with the plans, specifications, and contract documents including the local conditions affecting the
performance of the contract, the character, quality, quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time
stipulated in the contract, including all of its component parts and everything required to be performed,
and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos.: , , ,
, and , on file in the DISTRICT office for the prices hereinafter set forth.
The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract
with the DISTRICT in the form set forth in the contract documents and that he will accept in full
payment thereof the following prices, to wit:
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 3 of 8
COSTA MESA SANITARY DISTRICT
SCHEDULE OF WORK ITEMS
HEADQUARTERS/DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
BID ITEM APPROX. QUANTITY DESCRIPTION District Yard Cost
Head-quarters Cost
UNIT PRICE TOTAL MONTHLY AMOUNT
1 Per Month
Insurance, permits, certifications, and licensing: Work under this item includes
any costs incurred for securing insurance permits (pesticides, herbicides, among others), licensing (business, State contractors, among others), and
certifications (hazardous materials/chemical handling), and
financing for landscaping maintenance work.
Per Month $
2 Per Month
Mobilization, demobilization, site visits, site inspections, site management, invoicing, coordination with the District, providing updated work schedules, among other items.
Per Month $_________
3
Per Month
Trim/prune dead or diseased shrubs, hedges, vines, ground covers, flowers in planter areas. Furnish all labor, materials, and equipment necessary for landscaping
maintenance work.
Per Month $
4 Per Month
Visual inspection of irrigation system, to include inspection of pipes and hoses, sprinkler heads, and valves. Ensure system functionality by running the system, check coverage areas, and water pressure. Verify that timers are set correctly and adjust timers during seasonal changes or plant needs. Clean and replace filters and ensure backflow prevention devices are in place and functioning. Conduct pipe/hose break and sprinkler head repairs. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
5 Per Month
Spray herbicide and pull weeds. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
6 Per Month
Apply fertilizer and/or plant food as required. Furnish all labor, materials, and
equipment necessary for landscaping maintenance work.
Per Month $_________
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 4 of 8
COSTA MESA SANITARY DISTRICT
SCHEDULE OF WORK ITEMS
HEADQUARTERS/DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
BID ITEM APPROX. QUANTITY DESCRIPTION District Yard Cost
Head-quarters Cost
UNIT PRICE TOTAL MONTHLY AMOUNT
7 Per Month
Maintain a clean and tidy appearance of the landscape and pathways. Assess areas that require blowing, including lawns, walkways, driveways, patios, flower beds and parking lots. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per
Month $
8 Per Month
Properly dispose of all cut branches, leaves and debris according to local regulations. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
9 Per Month
Maintain records of all maintenance performed at each location and provide records to onsite contact or Maintenance Technician.
Per Month $
TOTAL MONTHLY AMOUNT OF ITEMS 1 THROUGH 9: $________
(WRITE THE TOTAL MONTHLY AMOUNT IN WORDS BELOW)
Bidders Initials________ Note: In case of a discrepancy between the words and figures, the words shall prevail.
The Contractor agrees that the DISTRICT will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the
work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned
and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the DISTRICT shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 5 of 8
The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are
as follows: NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members.
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of public agencies and/or similar commercial landscape maintenance work performed, completed, or in progress, within the last 48 months.
DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 6 of 8
PROJECT ADDENDUMS
Bidder shall signify receipt of all Addenda here, if any:
ADDENDUM NO. DATE RECEIVED BIDDER’S SIGNATURE
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further set forth the portion of the work which will be
done by each such Subcontractor. Only one Subcontractor for each such portion shall be listed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License
of Work Subcontractor's Name and Address Number Class
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 7 of 8
NON-COLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository, or which prevent any Subcontractor or supplier from bidding to any Contractor who does not
use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with
any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid.
Subscribed and sworn to before me by: _____________________________________
This _______ day of ___________ 20__.
My Commission expires: _____________________________________
Notary Public
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 1
STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" (Green Book) and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" of the Costa Mesa Sanitary District and shall be considered as a part of these specifications. Also, a part of these specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers. The following additions are made to the "Standard Specifications". If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 1-2 DEFINITIONS (a) AGENCY The Costa Mesa Sanitary District, also hereinafter called "DISTRICT". (b) BOARD The Board of Directors of the Costa Mesa Sanitary District. (c) CONTRACT Documents including but not limited to the Proposal, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all Addenda setting forth any modifications of the document.
(d) ENGINEER District Engineer of the Costa Mesa Sanitary District. (e) BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f) LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.
(h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code. The provisions of this ACT and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein, in full. 2-1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will be to the lowest responsible bidder whose proposal (bid) complies with all requirements of the notice inviting bids. The DISTRICT, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids. No person, firm, or corporation shall be allowed to make, file, or be interested in, more than one bid for the same work, unless alternate bids are called for. A person, firm, or corporation, who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or corporation, is interested as a principal, all such bids shall be rejected.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 2
Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for by the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices bid for the various items of work and must be signed by the bidder, who shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder. REQUEST FOR INTERPRETATION
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may request the Engineer, in writing, for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery. All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The DISTRICT will not be responsible for any other explanations or interpretations of the contract documents.
RETURN OF BID SECURITY Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the DISTRICT Clerk prior to said closing time. Bid security of such bidders will be returned promptly to the bidder. The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of bids. The bid security of the bidder of accepted bid will be held by the DISTRICT until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder. If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited to the DISTRICT and shall be collected and paid to the General Fund of the DISTRICT. LICENSE REQUIRED
Contractor shall have a Class A or C27 license to perform this work.
"OR EQUAL" PROVISION
When otherwise specified, any product called for on these Specifications may be substituted using the process described in Public Contract Code Section 3400.
EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned to the DISTRICT, together with the contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes or additions made thereto in these specifications within 10 days after receipt of written notice of award of contract. The form of contract agreement to be executed by the Contractor will be supplied by the Counsel for the DISTRICT. No proposal shall be considered binding upon the DISTRICT until the execution of the contract by the DISTRICT.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 3
ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL (Not Used)
2-3.1 SUBCONTRACTS: GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CONTRACT BONDS (Not Used)
2-5 PLANS AND SPECIFICATIONS Engineer will provide the Contractor, free of charge, copies of plans and specifications that are reasonably necessary for the execution of work.
Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, Greenbook, and/or other standards for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 4
2-9.1 PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8-1/2" X 11" loose leaf paper. The Contractor and his sureties shall be liable for, at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 2-11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract, or resume the said units or operations when they have been suspended as per the contract. The above notice is to be given during working hours, excluding Saturday, Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work. Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided in Section 1670 of the Civil Code. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless with 10 days thereafter the Contractor shall file with the Board of Directors
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 5
a formal protest against said decision of the Engineer. The Board of Directors shall consider and render a final decision on any such protest within 30 days of receipt of same. 3-1.1 CHANGES REQUESTED BY THE CONTRACTOR: GENERAL Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3.1 EXTRA WORK: GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer. In absence of such written order any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME (Not Used) 7-2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of said DISTRICT, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements. In order to verify the compliance of said code, Contractor may be required by the DISTRICT, from time to time, to furnish weekly, for the duration of the contract period, copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to the Engineer for checking. Using Form DH-H-347, Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. APPRENTICES Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcon-tractors under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-3 LIABILITY INSURANCE The Contractor shall not commence work under his contract until he has obtained all insurance required under this heading in a company acceptable to the DISTRICT, nor shall the Contractor allow any Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 6
a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State of California, and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees. b. Public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter. The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the DISTRICT as an additional insured. 7-5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the contractor, and that the Contractor shall be solely responsible for all work performed under the permit.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 7
7-6 THE CONTRACTOR'S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8.1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work causing the surplus materials.
7-8.5 TEMPORARY LIGHT, POWER AND WATER The District will provide power and potable water for use in performing contracted activities. The Contractor shall provide adequate drinking (potable) water 7-10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall abide by the following publications which are hereby made a part of these specifications: a. The Work Area Traffic Control Handbook (WATCH).
b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways.
c. State Labor Code Sections 6704, 6706 and 6707.
d. The Construction Safety Orders (CAL/OSHA).
e. The General Industry Safety Orders (CAL/OSHA). f. Standard Specifications for Public Works Construction (The Green Book) 7-13 LAWS TO BE OBSERVED
The Contractor shall protect and indemnify the DISTRICT, the Board of Directors, the Engineer, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. 9-3.1 PAYMENT: GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental, appurtenant, or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL AND FINAL PAYMENT
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 8
The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the DISTRICT is governed by the rules and regulations established by the Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. The District typically pays within (net 30 days.
It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material.
The acceptance of final or last payment by the Contractor shall release the DISTRICT, the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof.
9-3.3 DELIVERED MATERIALS
Materials delivered, but not in place, will not be classified as work done, except as otherwise provided in these specifications.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
1
CONTRACTOR AGREEMENT FOR HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
This Agreement is made and effective as of January , 2025, between the Costa Mesa Sanitary District, a sanitary district ("District") and ____ a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
Recitals
WHEREAS, District requires landscaping maintenance services to the District Headquarters and District Yard
WHEREAS, Contractor is experienced in providing landscaping maintenance services to clients; and
WHEREAS, Contractor is knowledgeable about California legal requirements for
local government entities and is competent to provide services required hereby.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1.TERM
This Agreement shall commence on January , 2025 and shall remain andcontinue in effect unless sooner terminated pursuant to the provisions of this Agreement. This Agreement shall be for a period of one year with a possible extension.
2.SERVICES
Contractor shall provide landscaping maintenance services. These services shallmeet the requirements of State law and shall be performed in accordance with the proposal set forth as Exhibit A.
3.PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of its ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4.PAYMENT
Exhibit ACMSD SAMPLE AGREEMENT
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
2
The District agrees to pay Contractor a sum not to exceed _______ to provide landscaping maintenance services. The payment shall identify the tasks performed and deliverables and shall correspond to the scope of work.
5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) Either party may terminate the Agreement without cause by giving 30 days’
notice. In the event of such termination, Contractor shall be entitled to be paid for work performed up until the time of termination provided the work product is produced for District’s use. (b) In the event of default, no compensation shall be paid, and the Agreement
may be terminated in 5 days provided an opportunity to cure is provided in
that time period. 6. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to the project and such other information required by District that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts therefrom as necessary; and shall allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination or suspension of this Agreement all other
documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Contractor.
7. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless District and any and
all of its officials, employees and agents ("Indemnified Parties") from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subconsultants (or any
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
3
entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless District, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
loses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subconsultants of Contractor. 8. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit “B” attached to and part of this Agreement. Such insurance shall include commercial general liability, and current automotive and worker’s compensation. A certificate of insurance shall be submitted.
9. INDEPENDENT CONSULTANT (a) Contractor is and shall at all times remain as to the District a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services
hereunder. In addition to the indemnity provisions in Paragraph 7, Contractor shall indemnify District for any claims that any officer, agent or employee of Contractor is eligible for pension or other fringe benefits provided to District’s employees.
10. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
4
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
11. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure has been
used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or
indirectly, from Contractor, or from any officer, employee or agent of Contractor, in
connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity.
12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to any project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceed thereof, for work to be performed in connection with the project performed under this Agreement.
13. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without District's prior written authorization. Contractor, its officers, employees, agents or subconsultants, shall
not without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary"
provided Contractor gives District notice of such court order or subpoena.
(b) Contractor shall promptly notify District should Contractor, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for
admissions, or other discovery request, court order, or subpoena from any person or party
regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with District and to provide the
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
5
opportunity to review any response to discovery requests provided by Contractor. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response.
14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To District: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Attn: General Manager
To Contractor: ____________________- 15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW The District and Contractor understand and agree that the laws of the State of
California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District.
18. ENTIRE AGREEMENT
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
6
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder. 20. INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any other
document, including any proposal or Exhibit hereto, this Agreement shall control unless a contrary intent is clearly stated. 21. NO ORAL MODIFICATION
This Agreement may not be modified orally, but only by a writing signed by persons having the legal authority to bind their clients.
22. PREVAILING WAGES
(a) The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or
subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
7
(b) Contractor shall submit electronic payment records to the Department of Industrial Relations.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
COSTA MESA SANITARY DISTRICT CONTRACTOR
__________________________ __________________________ General Manager Chief Executive Officer
APPROVED AS TO FORM: __________________________ District Counsel
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 10
Exhibit B SCOPE OF SERVICES
SOW Item #1: Insurance, permits, certifications, and licensing
Work under this item includes securing insurance, permits (pesticides, herbicides, among others), licensing (City business, State contractors, among others), certifications (hazardous materials/chemical handling, others), and/or financing for landscaping maintenance work.
City encroachment permits, should the Contractor decide to work from traveled roadway, lanes of traffic, and/or bike lanes, shall secure a City encroachment permit. The cost of said City encroachment permit shall be included in this pay item.
These fees and/or costs might have various effective and/or renewal dates. Regardless of Contractor costs and when they are outlaid, the Contractor shall provide an average monthly cost to the District.
SOW Item #2: Mobilization, demobilization, site visits, site inspections, site management, invoicing, coordination with the District, providing updated work schedules, among other miscellaneous items.
Work under this item includes activities or items work not covered under other work items
as required to performing the work required per the Scope of Services and District
Agreement. Contractor vehicles, tools, site visits, review of the plants and irrigation, repair work, not covered under the other work items are covered herein.
Overhead, profit, and other related or required items shall be included in Scope of Work
(SOW) Items 3 through 8. Only overhead and profit NOT related to work items 3 through 8 should be included here.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 11
SOW Item #3:Trim/prune overgrown, unsightly, dead or diseased shrubs, hedges, vines, ground covers, flowers in planter areas.
Work under this item generally consists of trimming, pruning, thinning, and maintaining the health and appearance of all shrubs, bushes, and/or ground cover. Bushes, shrubs, and groundcover shall not be left overgrown and/or unsightly.
The related/required work shall be conducted weekly, monthly, quarterly, and/or yearly as required by the specific plant, shrub, and/or ground cover. The Contractor shall also trim, prune, cut, thin, or address overgrown landscaping within this item.
The minimum site visit(s) or inspection required for this item is twice a month. The site
visit/inspection shall be conducted with District personnel. If a maintenance activity under this item is required, it should be conducted within a two (2) week of the site visit.
Tree trimming is NOT required, nor included, in this item.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 12
SOW Item #4: Inspect and Repair Irrigation system.
Work generally includes inspection of pipes, hoses, sprinkler heads, and valves. Check
the pressure system functionality by running the system, check coverage areas, and water pressure. Verify that timers are set correctly and adjust timers during seasonal changes or plant needs. Clean and replace filters and ensure backflow prevention devices are in place and functioning. Conduct pipe/hose break and sprinkler head
repairs.
The minimum site visit(s) or inspection(s) required for this item is once a month. The site visit/inspection shall be conducted with District personnel. If a maintenance activity under
this item is required, it should be conducted during the site visit or scheduled as soon as
practical with the District.
Pipe breaks, broken sprinkler/bubblers, and leaks shall be repaired immediately or as soon as practical. Should a leak be observed and/or soil erosion occurring, the irrigation
will be shut off by the District and incident reported to the Contractor. If it is practical to do
so, the District will isolate the specific irrigation zone or area and leave the remaining irrigation live. Any delays that cause plants, shrubs, ground cover, or trees to die, these softscape items shall be replaced at the cost of, and by, the Contractor.
The District will observe and report these items should they occur between inspections.
The Contractor shall consider these repairs and/or replacements as urgent. The repair work and/or replacement activities shall be completed and coordinated within the
following time frames:
A. Within one-week of issue identification or District notification for the period from June 15th through September 15th.
B. Otherwise, within two weeks of issue identification or District notification.
Irrigation work shall be conducted in accordance with APWA Greenbook Standards, latest edition, Section 800-2, Irrigation System Materials and Section 801-5 Irrigation System Installation.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 13
SOW Item #5: Spray herbicide and pull weeds. The Contractor shall remove and/or spray weeds as required to maintain the aesthetics
and appearance of the landscaping. At minimum, the Contractor shall perform said work items at a two-week interval. However, a shorter interval may be required based on time of year and/or weather.
The Contractor shall submit to the District the herbicide name(s), brand(s), Safety Data Sheets) (SDS), application rate, how applied, and typical schedule required for week control. The Contractor and their employees shall adhere and comply with requirements of the SDS and wear the appropriate personal protective equipment, gear, clothing, masks, safety goggles and/or shields, or other items required to protect the individual
applying the herbicide. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #6: Fertilizer Plant Food, and/or Feeding
The Contractor shall apply fertilizer, plant food, manual, or other amendments, chemicals, and/or agents as required by the specific landscape vegetation at specific periods of the year. The Contractor shall ensure that vegetation/landscaping is properly feed throughout the year.
The Contractor will recommend a fertilizer and feeding schedule, including fertilizer type and blend. The fertilizer schedule shall follow generally accepted industry guidelines and as required by the APWA GreenBook Standard Specifications, latest edition, Section 800-1. Provide the fertilization schedule and any updates to the District at the beginning
of the annual contract period.
The Contractor shall submit to the District the fertilizer, soil amendment, chemical name(s), brand(s), Safety Data Sheets) (SDS), application rate, how applied, and typical schedule required for feeding the various landscape components. The Contractor and
their employees shall adhere and comply with requirements of the SDS and wear the
appropriate personal protective equipment, gear, clothing, masks, safety goggles and/or shields, or other items required to protect the individual applying the the related items for this SOW item.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Standard Specifications – 14
SOW Item #7: Clean and Tidy Appearance Maintain a clean and tidy appearance of the landscape and pathways. Assess areas that
require blowing, including ground cover, rock gardens, lawns, walkways, driveways, patios, flower beds, and parking lots. Perform this work at a minimum of one-month interval. Summer and Fall may require additional raking, blowing, and dead leaf removal. Trash shall also be removed whenever
the site is visited. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #8: Remove Debris
Properly remove and dispose of all cut branches, leaves, and debris according to local
regulations. Vegetation, leaves, branches, and debris shall not be blown or spread into the street right-of-way. All debris and/or vegetation shall be placed into a pile for removal and disposal by the Contractor.
Work shall not be undertaken outside of the City curb, nor within the traveled public right-of-way unless a City encroachment permit is obtained by the Contractor. Copy of said permit shall be provided to the District prior to work within or from public traveled right-of-way may be undertaken.
For the sake of this Agreement, a City encroachment permit is required to park on or block the City street and/or bike path. The appropriate traffic control shall be used if parking or blocking traveled traffic or bike lane(s). Comply with City requirements, but at a minimum, the Contractor shall follow and adhere to the WATCH Manual requirements,
latest edition.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #9: Maintenance Records
Maintain monthly records and reports of all maintenance performed at each location. Provide records/reports to the District within 5 working days after the Month-end. Records may be submitted with the monthly invoice.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
COSTA MESA SANITARY DISTRICT
290 Paularino Avenue, Costa Mesa, California
92626 (949) 645-8400
To: Permit Applicants
PLEASE GIVE THESE REQUIREMENTS TO YOUR INSURANCE AGENT
The Costa Mesa Sanitary District requires certificates of workers’ compensation, general liability
and automobile insurance before you can be issued a permit to excavate in the public right-of-
way. All certificates must contain the following:
Certificate Holder – Certificate must be dated within 30 days of application (see sample).
Certificate Holder must be “The Costa Mesa Sanitary District”.
Workers’ Compensation – Minimum policy limit requirements are $1,000,000 bodily injury
by disease; and $1,000,000 bodily injury each employee for accident or disease per
occurrence. If you have no employees, you must sign a Declaration of Non-employee Status
form available from the District. In lieu of a certificate of insurance, a certificate of Consent
to Self-Insure issued by the California Director of industrial Relations is also acceptable.
General Liability – Minimum policy limit requirement is $1,000,000 combined single limit
coverage with insurance designated “per occurrence.” Insurance must include coverage for
ongoing operations and completed operations. The insurance carrier providing the
commercial general liability policy must have an AM Best Rating of A- or better and be an
admitted carrier in the State of California or an approved Surplus Line Insurer from California
Department of Insurance.
Automobile Liability – Minimum policy limit requirement is $1,000,000 combined single limit
coverage with insurance designated “per occurrence.” The “Any Auto” box must be checked.
Description of Operations – The following wording must be added to the policy: “All
operations: Costa Mesa Sanitary District, their elected and appointed officials, agents,
officers, volunteers, and employees listed as Additional Insured – Pursuant to attached
endorsement.”
Change in Coverages – The following wording must be added to the policy by endorsement:
“Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty
(30) days after written notice is given to the District.”
Excess and Non-contributing – The following wording must be added to the policy by
endorsement: “Any other insurance maintained by the Costa Mesa Sanitary District shall be
excess and non-contributing with the insurance provided by this policy.”
Additional Insured Endorsement – (for General Liability and Automobile only). This must
be a separate attachment naming the District as additional insured. The endorsement must
include the policy number and the wording of the additional insured must be exact, stating:
“The Costa Mesa Sanitary District, it’s elected and appointed officials, agents, officers,
volunteers and employees are additional insureds.” ISO Form CG 20 12 07 98, or a
comparable equivalent must be used.
Exhibit CINSURANCE REQUIREMENTSDocusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 12 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Section II - Who Is An Insured is amended to include as an insured any state or political subdivi- sion shown in the Schedule, subject to the following provisions:
1.This insurance applies only with respect to op-
erations performed by you or on your behalf for which the state or political subdivision has issued a permit.
2.This insurance does not apply to:
a."Bodily injury," "property damage" or "per-
sonal and advertising injury" arising out of
operations performed for the state or munici-
pality; or
b."Bodily injury" or "property damage" includedwithin the "products-completed operationshazard".
Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to the District.
Any other insurance maintained by the Costa Mesa Sanitary District shall be excess and non-contributing with the insurance provided by this policy.
CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 D
State Or Political Subdivision:
The Costa Mesa Sanitary District, It's elected and appointed officials, agents, officers, volunteers and employees are additional insureds.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
Platinum Level District of Distinction February 5, 2025 To: CMSD HQ and Yard Landscape Maintenance Bidders Re: Addendum #1 This Addendum is hereby made a part of the contract documents, specifications, and requirements. Receipt of this Addendum shall be noted on the Bid Proposal Form. The following changes, additions, clarifications, or modifications shall be made to the contract documents and construction drawings; and all other conditions remain the same. Board of Directors Robert Ooten Michael Scheafer Arlene Schafer
Arthur Perry
Nicole Wiltshire Staff Scott C. Carroll General Manager Harper & Burns, LLP District Counsel Davis Farr, LLP District Treasurer Mark Esquer District Engineer Noelani Middenway District Clerk & Public Information Officer Kaitlin Tran Finance Manager Dyana Bojarski Administrative Services Manager John Gonzalez Wastewater Manager www.cmsdca.gov Contract/Bidding Documents, General Requirements, and Specifications A. The Bidding Date has been extended to Thursday, February 20, 2025, at the time and location identified in the NIB. B. Replace the existing NIB/SCHEDULE of WORK ITEM BID
PROPOSAL FORM with the attached NIB/SCHEDULE of WORK
ITEM BID PROPOSAL form dated, February 5, 2025. C. Replace the existing Sample Agreement with the attached Sample Agreement, Exhibit A, dated February 5, 2025. D. Replace the existing SCOPE of SERVICES with the attached SCOPE of SERVICES, Exhibit B, dated February 5, 2025. E. The District is providing the HQ Irrigation As-Built Plan, provided by Urban Habitat, dated August 26, 2024, as information to review and consider while preparing your bids. The irrigation Plan/As-Built for
the District Yard is NOT available. This item may be downloaded from the District Bidding Site. F. The District is providing the As-Built Controller Plan, provided by Urban Habitat, dated August 26, 2024, to review and consider while preparing your bids. The Yard Controller Plan is NOT available.
This Item may be downloaded from the District bidding site. 290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 “Protecting public health and the environment for current and future generations.” Exhibit CDocusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 “Protecting public health and the environment for current and future generations.” Prebid Meeting Discussion/Questions and Submitted Questions 1. Is the contractor responsible for extra valve work? Will this cost be included in the bid price? How will the cost of irrigation repairs be considered by the District? Response: The Bidder is not responsible for the cost of replacing valves (main valves, control valves). See question #3, below, for additional requirements and information. The Bidders shall include the cost of irrigation repairs in the monthly price associated with Work Item #4. The District will include 30 hours per year of irrigation time in this work item. The Bids will be evaluated on this quantity of time (2.5 hours per month) and as reflected in your Bid Form submittal. Furthermore, drip hose, nozzles, repair couplers, irrigation parts and piping, and other irrigation repair costs shall be included in the hourly rate. However, the contractor shall submit the monthly irrigation work items and associated time spent with the monthly report. The District will pay for the actual annual cost, whether more or less than 30 hours per year. Repair work and associated cost shall be reviewed by the District prior to authorizing the Bidder to proceed. The Bidder shall not proceed with irrigation repair work without District approval. 2. Does CMSD have a landscaping contractor right now? Response: There is not currently an annual contract for landscaping maintenance the at HQ. The District HQ landscaping project was completed in March 2024 and the Project included six (6) months of maintenance after Project completion. Since the end of the 6-month warranty period, the District has not issued an annual HQ landscaping maintenance contract. The monthly cost for the improvement-related maintenance was $2,680 per month at the HQ. The Yard currently uses Down to Earth for landscaping maintenance work. That contract is about $450 each month. 3. Is there a stipulation in the contract about the quality or type of valve that can be used if a replacement is needed? Response: The existing Master Control Valve is a 1” Superior 3000 Normally Closed Master Valve and the Zone Control Valve is a 1” Rainbird Remote Control Valve PEB. Both items have Carson #1419 Housing with Flush Covers and L-bolt lock. No stipulation will be included in the Maintenance Contract for replacing Master Valves or Zone Control valves. However, the District will pay the Contractor up to $650 to replace failed valves, depending on actual cost. Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 “Protecting public health and the environment for current and future generations.” A request for valve replacement extra work proposal with parts and labor breakdown, shall be submitted for District consideration. 4. What is the Engineer’s estimate or budget for this project? Response: The District estimate for the annual maintenance contract is $1,300 and $500 per month for the HQ and District Yard, respectively. 5. Will this be a one-year agreement? Response: No. The Contract will be for a 3-year period with up to two (2) one- year optional renewals. 6. When is the anticipated date for this contract? Response: Depends on many items. However, it is anticipated that a contract will be entered into within a 30-day period after the bids are opened. Refer to Section 2-1 Award and Execution of Contract. The District desires to enter into a contract within a 10-12 day period, if possible. 7. Is the landscaping in the parking lot of the Headquarters building capped off? Response: Yes/No. The planter on the westerly side of the parking lot is capped off. Only removal of leaves and debris is required in this location. The Planter irrigation adjacent to the building front is live and operated manually. The District Facility Maintenance staff operate the irrigation manually on a weekly basis. The Bidder is only responsible for replacing sprinkler heads and testing of the sprinkler heads once each month for the planters adjacent to the building front. 8. Is gopher control included in the project? Response: Yes, it is included. Refer to the updated Scope of Work and Bid forms for additional requirements. 9. How many water valves/sprinkler stations are there at the Headquarters building? Response: There are thirteen (13) automated irrigation stations /zones within the newly landscaped area. There are four (4) manual zones within the parking lot area. 10. When was the landscaping construction completed at the Headquarters building? Response: See Response to Question #2. 11. There are dry plants at the District Yard. Do these need to be removed or replaced?Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 “Protecting public health and the environment for current and future generations.” Response: The dry/dead plants at the District Yard are NOT included in this contract. However, the District will request a proposal for replacing the dead plants from the successful bidder for consideration. 12. There are certain plants located at Headquarters that die often. Will they need to be replaced? Response: No, the plants that periodically require replacement will not be included in the maintenance agreement. The successful Bidder will be required to provide a list of these plants, replacement schedule, and cost to replace each plant type. The District reserves the right to request quotes from other contractors depending on the submitted cost of replacement and/or decide not to replace the annuals or other plants requiring periodic replacement. However, plants that fail due to lack of irrigation are and shall be the responsibility of the Bidder to replace within their monthly fee. 13. There seems to be various construction dialogue in the scope of work. Can you confirm this is a landscape maintenance project only and no construction shall be taking place? Response: This is a maintenance contract. The District issues our standard boiler plate for all contracts whether construction or maintenance. For the purpose of complying with the STANDARD SPECIFICATIONS, Scope of Work, Agreement, and other bidding documents, the term “maintenance” and “construction” are used interchangeably. Consider that some Sections of the STANDARD SPECIFICATIONS, such as Return of Bid Security, Contract Bonds, Permanent Survey Markers, Extension of Time, among other Sections will not be used. Most Sections are relative to this Agreement and scope of work. Bonds are NOT being required as part of this bid. 14. How many additional raking, blowing, and dead leaf removal shall take place in summer and fall? What is the frequency that the sites need to be visited for removal of debris? Response: Refer to Scope of Work items #3 and #7 for requirements. The District will not specify the total number of monthly maintenance visits, only the minimum number of visits. The Bidder shall provide the appropriate number of visits for each month throughout the year at their monthly bid prices. The appropriate number of visits shall be based on season, month, temperature, rainfall, feeding requirements, trimming requirements, among other items. It is anticipated that visits may be less and shorter duration some months and Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
290 Paularino Ave, Costa Mesa, CA 92626 • (949) 645-8400 • fax: (714) 540-1392 “Protecting public health and the environment for current and future generations.” additional and longer in other months. The District will consider the Bidder in breach of contract should the Scope of Work Items #3 and #7, among other work items, not be achieved in a timely manner each month. Within reason, and in a timely manner, the HQ and Yard shall have leaves, cutting, debris, trash, among other items removed. The monthly price shall include the average monthly price to obtain compliance with all work items and throughout the year. It is anticipated that the Bidders work level and visitation schedule will vary from month to month. Your MONTHLY BID price shall be based on the annual cost for maintenance divided into twelve (12) equal monthly invoices. The Bidder shall coordinate visits with the District. During each visit, the District will walk the site with the Bidder, and review levels of required maintenance, and discuss any deficiency. Because of licensing, certification, experience, among other items, the Bidder is considered an expert and the District will rely on, and work with the Bidder, on annual, seasonal, monthly, and weekly scheduling of work. The Successful Bidder shall submit a maintenance schedule indicating work items, visits, feeding, trimmings, among other items by month. The detailed schedule submitted in accordance with work items, STANDARD SPECIFCATIONS, and the Agreement. The detailed schedule shall be updated on a quarterly basis. 15. What are the chemical restrictions? Response: The District required that Bidders comply with Federal, State, and local laws, otherwise the District does not have restrictions. In addition, the Bidder shall base chemical and fertilizer use/addition on best industry practice. Therefore, the Bidder shall use their expertise and professional judgement for when, how, and quantity of chemicals and/or fertilizer to apply. Thank you in advance for your consideration in this matter. Sincerely, Mark Esquer, P.E. District Engineer cc. Noelani Middenway, CMSD Clerk of the Board Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project Bid Proposal Form – 1 of 7
COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS (BIDS)
NOTICE IS HEREBY GIVEN that the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor, materials, equipment, transportation, permits, and other items necessary for the following work:
HEADQUARTERS AND DISRICT YARD LANDSCAPING MAINTENANCE SERVICES
The project includes providing landscaping maintenance services at the Costa Mesa Sanitary District Headquarters and the District Yard.
Bids will be received by the Costa Mesa Sanitary District office at 290 Paularino Avenue, Costa Mesa, California until the hour of 11:00 a.m. on the 20th Day of February, 2025 (Thursday), at which time they will be opened publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of the project and the name of the bidder. Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal to the District office at or before the time specified in this notice provided. The approved contract documents including plans and specifications may be downloaded from the District Website: https://www.cmsdca.gov/news___publications/bid_opportunities.php
There is a MANDATORY pre-bid meeting at 10:00 a.m. on Thursday, January 16th, 2025. The pre-bid meeting will be held at the Costa Mesa Sanitary District Headquarters at 290 Paularino Avenue in Costa Mesa. A trip to the District Yard will follow at 174 W Wilson St, Costa Mesa. Participants may park in any available parking stall.
The question deadline during the bid period is 10:00 a.m. on January 27th, 2025 (Monday).
An addendum addressing questions and/or comments will be issued to the Pre-Bid Meeting attendees on Thursday,
January 30th, 2025. It is anticipated that an agreement will be issued to the successful bidder on, or about, February 25th, 2025, or sooner. The successful bidder is expected to sign/execute the agreement within 2-5 days.
The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with Department of Industrial Relations and in the office of the DISTRICT and are available to any interested party upon request. The contractor is responsible for all penalties prescribed for noncompliance to these provisions.
It is imperative that the bidders carefully review this notice and the DISTRICT’s agreement and insurance forms. The successful bidder will be required to comply with all requirements in the agreement and insurance forms.
No bidder or subcontractor shall be listed in a bid proposal unless registered with the Director of Industrial Relations pursuant to Labor Code Section 1725.5.
The Board of Directors of the DISTRICT reserves the right to select the schedule(s) under which the bids are to be
compared and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in any bid.
Dated: January 2, 2025 BY DISTRICT ENGINEER Costa Mesa Sanitary District
February 5, 2025
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Bid Proposal Form – 2 of 7
COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA
BID PROPOSAL FORM
HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
Name of Bidder:
Address:
Phone No.:
TO: DISTRICT CLERK OF THE BOARD: COSTA MESA SANITARY DISTRICT
Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar
with the plans, specifications, and contract documents including the local conditions affecting the
performance of the contract, the character, quality, quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract.
If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time
stipulated in the contract, including all of its component parts and everything required to be performed,
and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos.: , , ,
, and , on file in the DISTRICT office for the prices hereinafter set forth.
The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract
with the DISTRICT in the form set forth in the contract documents and that he will accept in full
payment thereof the following prices, to wit:
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Bid Proposal Form – 3 of 7
COSTA MESA SANITARY DISTRICT
SCHEDULE OF WORK ITEMS
HEADQUARTERS/DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
BID ITEM APPROX. QUANTITY DESCRIPTION District Yard Cost
Head-quarters Cost
UNIT PRICE TOTAL MONTHLY AMOUNT
1 Per Month
Insurance, permits, certifications, and licensing: Work under this item includes
any costs incurred for securing insurance permits (pesticides, herbicides, among others), licensing (business, State contractors, among others), and
certifications (hazardous materials/chemical handling), and
financing for landscaping maintenance work.
Per Month $
2 Per Month
Mobilization, demobilization, site visits, site inspections, site management, invoicing, coordination with the District, providing updated work schedules, among other items.
Per Month $_________
3 Per Month
Trim/prune dead or diseased shrubs, hedges, vines, ground covers, flowers in planter areas. Furnish all labor, materials, and equipment necessary for landscaping
maintenance work.
Per Month $
4 Per Month
Visual inspection of irrigation system, to include inspection of pipes and hoses, sprinkler heads, and valves. Ensure system functionality by running the system, check coverage areas, and water pressure. Verify that timers are set correctly and adjust timers during seasonal changes or plant needs. Clean and replace filters and ensure backflow prevention devices are in place and functioning. Conduct pipe/hose break and sprinkler head repairs. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
5 Per Month
Spray herbicide and pull weeds. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
6 Per Month
Apply fertilizer and/or plant food as required. Furnish all labor, materials, and
equipment necessary for landscaping maintenance work.
Per Month $_________
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
COSTA MESA SANITARY DISTRICT
SCHEDULE OF WORK ITEMS
HEADQUARTERS/DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
BID ITEM APPROX. QUANTITY DESCRIPTION District Yard Cost
Head-quarters Cost
UNIT PRICE TOTAL MONTHLY AMOUNT
7 Per Month
Maintain a clean and tidy appearance of the landscape and pathways. Assess areas that require blowing, including lawns, walkways, driveways, patios, flower beds and parking lots. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
8 Per Month
Properly dispose of all cut branches, leaves and debris according to local regulations. Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Per Month $
9 Per Month Gopher Treatment Per Month $_________
10 Per Month
Maintain records of all maintenance performed at each location and provide
records to onsite contact or Maintenance Technician.
Per
Month $
TOTAL MONTHLY AMOUNT OF ITEMS 1 THROUGH 10: $___________
(WRITE THE TOTAL MONTHLY AMOUNT IN WORDS BELOW)
Bidders Initials ___________
Note: In case of a discrepancy between the words and figures, the words shall prevail.
The Contractor agrees that the DISTRICT will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated, and the work actually done. If any errors, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder or entitle him to any damages or compensation otherwise than as provided in this contract.
The Contractor agrees that the DISTRICT shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the
payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work.
CMSD Project February 5, 2025 Bid Proposal Form - 4 of 7
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Bid Proposal Form – 5 of 7
The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are
as follows:
NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members.
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of public agencies and/or similar commercial landscape maintenance work performed, completed, or in progress, within the last 48 months.
DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Bid Proposal Form – 6 of 7
PROJECT ADDENDUMS
Bidder shall signify receipt of all Addenda here, if any:
ADDENDUM NO. DATE RECEIVED BIDDER’S SIGNATURE
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further set forth the portion of the work which will be
done by each such Subcontractor. Only one Subcontractor for each such portion shall be listed.
If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner.
Portion State License
of Work Subcontractor's Name and Address Number Class
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Bid Proposal Form – 7 of 7
NON-COLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository, or which prevent any Subcontractor or supplier from bidding to any Contractor who does not
use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with
any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid.
Subscribed and sworn to before me by:
_____________________________________
This _______ day of ___________ 20__.
My Commission expires:
_____________________________________
Notary Public
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
1
CONTRACTOR AGREEMENT FOR HEADQUARTERS AND DISTRICT YARD LANDSCAPING MAINTENANCE SERVICES
This Agreement is made and effective as of March 6, 2025, between the Costa Mesa Sanitary District, a sanitary district ("District") and ____ a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
Recitals WHEREAS, District requires landscaping maintenance services to the District Headquarters and District Yard
WHEREAS, Contractor is experienced in providing landscaping maintenance services to clients; and WHEREAS, Contractor is knowledgeable about California legal requirements for
local government entities and is competent to provide services required hereby.
NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. TERM
This Agreement shall commence on March 6, 2025 and shall remain and continue in effect unless sooner terminated pursuant to the provisions of this Agreement. This Agreement shall be for a period of three years with two (2) optional extension(s).
2. SERVICES
Contractor shall provide landscaping maintenance services. These services shall meet the requirements of State law and shall be performed in accordance with the proposal set forth as Exhibit B.
3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of its ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
Exhibit A CMSD SAMPLE AGREEMENT
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
2
4. PAYMENT The District agrees to pay Contractor a sum not to exceed _______ per month to provide
landscaping maintenance services. The payment shall identify the tasks performed and
deliverables and shall correspond to the scope of work, Exhibit B.
5. SUSPENSION OR TERMINATION OF AGREEMENT (a) Either party may terminate the Agreement without cause by giving 30 days’ notice. In the event of such termination, Contractor shall be entitled to be paid for work performed up until the time of termination provided the work product
is produced for District’s use. (b) In the event of default, no compensation shall be paid, and the Agreement may be terminated in 5 days provided an opportunity to cure is provided in that time period.
6. OWNERSHIP OF DOCUMENTS (a) Contractor shall maintain complete and accurate records with respect to the project and such other information required by District that relate to the performance
of services under this Agreement. Contractor shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of District or its designees at reasonable times to such books and records;
shall give District the right to examine and audit said books and records; shall permit
District to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination or suspension of this Agreement all other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Contractor.
7. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by
law, Contractor shall indemnify, protect, defend and hold harmless District and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act,
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
3
error or omission of Contractor, its officers, agents, employees or subconsultants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless District, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
loses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or
entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subconsultants of Contractor. 8. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “B” attached to and part of this Agreement. Such insurance shall include commercial general liability, and current automotive and worker’s compensation. A certificate of insurance shall be submitted.
9. INDEPENDENT CONSULTANT (a) Contractor is and shall at all times remain as to the District a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation
or indemnification to Contractor for injury or sickness arising out of performing services hereunder. In addition to the indemnity provisions in Paragraph 7, Contractor shall indemnify District for any claims that any officer, agent or employee of Contractor is eligible for pension or other fringe benefits provided to District’s employees.
10. LEGAL RESPONSIBILITIES
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
4
The Contractor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The District, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
11. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure has been used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the District to any and all remedies at law or in equity. 12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of District, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to any project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceed thereof, for work to be performed in connection with the project performed under this Agreement.
13. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without District's prior written authorization. Contractor, its officers, employees, agents or subconsultants, shall not without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives District notice of such court order or subpoena. (b) Contractor shall promptly notify District should Contractor, its officers,
employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
5
obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with District and to provide the opportunity to review any response to discovery requests provided by Contractor.
However, District's right to review any such response does not imply or mean the right by
District to control, direct, or rewrite said response. 14. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice: To District: Costa Mesa Sanitary District 290 Paularino Avenue
Costa Mesa, California 92626
Attn: General Manager To Contractor: ____________________-
15. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District.
16. LICENSES At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW
The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with
jurisdiction over the Costa Mesa Sanitary District. 18. ENTIRE AGREEMENT
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
6
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 20. INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any other document, including any proposal or Exhibit hereto, this Agreement shall control unless a contrary intent is clearly stated.
21. NO ORAL MODIFICATION This Agreement may not be modified orally, but only by a writing signed by persons having the legal authority to bind their clients.
22. PREVAILING WAGES (a) The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records showing the name,
address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE
CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section
1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or
subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR under this
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
7
AGREEMENT. (b) Contractor shall submit electronic payment records to the Department of
Industrial Relations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
COSTA MESA SANITARY DISTRICT CONTRACTOR
__________________________ __________________________ General Manager Chief Executive Officer
APPROVED AS TO FORM: __________________________
District Counsel
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Standard Specifications – 10
Exhibit B
SCOPE OF SERVICES
SOW Item #1: Insurance, permits, certifications, and licensing
Work under this item includes securing insurance, permits (pesticides, herbicides, among others), licensing (City business, State contractors, among others), certifications (hazardous materials/chemical handling, others), and/or financing for landscaping maintenance work.
City encroachment permits, should the Contractor decide to work from traveled roadway, lanes of traffic, and/or bike lanes, shall secure a City encroachment permit. The cost of said City encroachment permit shall be included in this pay item.
These fees and/or costs might have various effective and/or renewal dates. Regardless of Contractor costs and when they are outlaid, the Contractor shall provide an average monthly cost to the District.
SOW Item #2: Mobilization, demobilization, site visits, site inspections, site management, invoicing, coordination with the District, providing updated work schedules, among other miscellaneous items.
Work under this item includes activities or items work not covered under other work items
as required to performing the work required per the Scope of Services and District
Agreement. Contractor vehicles, tools, site visits, review of the plants and irrigation, repair work, not covered under the other work items are covered herein.
Overhead, profit, and other related or required items shall be included in Scope of Work
(SOW) Items 3 through 8. Only overhead and profit NOT related to work items 3 through 8 should be included here.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Standard Specifications – 11
SOW Item #3:Trim/prune overgrown, unsightly, dead or diseased shrubs, hedges, vines, ground covers, flowers in planter areas.
Work under this item generally consists of trimming, pruning, thinning, and maintaining the health and appearance of all shrubs, bushes, and/or ground cover. Bushes, shrubs, and groundcover shall not be left overgrown and/or unsightly.
The related/required work shall be conducted weekly, monthly, quarterly, and/or yearly as required by the specific plant, shrub, and/or ground cover. The Contractor shall also trim, prune, cut, thin, or address overgrown landscaping within this item.
The minimum site visit(s) or inspection required for this item is twice a month. The site
visit/inspection shall be conducted with District personnel. If a maintenance activity under this item is required, it should be conducted within a two (2) week of the site visit.
Tree trimming is NOT required, nor included, in this item.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Standard Specifications – 12
SOW Item #4: Inspect and Repair Irrigation system.
Work generally includes inspection of pipes, hoses, sprinkler heads, and valves. Check
the pressure system functionality by running the system, check coverage areas, and water pressure. Verify that timers are set correctly and adjust timers during seasonal changes or plant needs. Clean and replace filters and ensure backflow prevention devices are in place and functioning. Conduct pipe/hose break and sprinkler head
repairs.
The minimum site visit(s) or inspection(s) required for this item is once a month. The site visit/inspection shall be conducted with District personnel. If a maintenance activity under
this item is required, it should be conducted during the site visit or scheduled as soon as
practical with the District.
Pipe breaks, broken sprinkler/bubblers, and leaks shall be repaired immediately or as soon as practical. Should a leak be observed and/or soil erosion occurring, the irrigation
will be shut off by the District and incident reported to the Contractor. If it is practical to do
so, the District will isolate the specific irrigation zone or area and leave the remaining irrigation live. Any delays that cause plants, shrubs, ground cover, or trees to die, these softscape items shall be replaced at the cost of, and by, the Contractor.
The District will observe and report these items should they occur between inspections.
The Contractor shall consider these repairs and/or replacements as urgent. The repair work and/or replacement activities shall be completed and coordinated within the
following time frames:
A.Within one-week of issue identification or District notification for the period fromJune 15th through September 15th.
B.Otherwise, within two weeks of issue identification or District notification.
Irrigation work shall be conducted in accordance with APWA Greenbook Standards, latest edition, Section 800-2, Irrigation System Materials and Section 801-5 Irrigation System Installation.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
CMSD Project
February 5, 2025
Standard Specifications – 13
SOW Item #5: Spray herbicide and pull weeds.
The Contractor shall remove and/or spray weeds as required to maintain the aesthetics
and appearance of the landscaping.
At minimum, the Contractor shall perform said work items at a two-week interval. However, a shorter interval may be required based on time of year and/or weather.
The Contractor shall submit to the District the herbicide name(s), brand(s), Safety Data Sheets) (SDS), application rate, how applied, and typical schedule required for week control. The Contractor and their employees shall adhere and comply with requirements of the SDS and wear the appropriate personal protective equipment, gear, clothing, masks, safety goggles and/or shields, or other items required to protect the individual
applying the herbicide.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #6: Fertilizer Plant Food, and/or Feeding
The Contractor shall apply fertilizer, plant food, manual, or other amendments, chemicals, and/or agents as required by the specific landscape vegetation at specific periods of the year. The Contractor shall ensure that vegetation/landscaping is properly feed throughout the year.
The Contractor will recommend a fertilizer and feeding schedule, including fertilizer type and blend. The fertilizer schedule shall follow generally accepted industry guidelines and as required by the APWA GreenBook Standard Specifications, latest edition, Section 800-1. Provide the fertilization schedule and any updates to the District at the beginning
of the annual contract period.
The Contractor shall submit to the District the fertilizer, soil amendment, chemical name(s), brand(s), Safety Data Sheets) (SDS), application rate, how applied, and typical schedule required for feeding the various landscape components. The Contractor and
their employees shall adhere and comply with requirements of the SDS and wear the
appropriate personal protective equipment, gear, clothing, masks, safety goggles and/or shields, or other items required to protect the individual applying the the related items for this SOW item.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87
SOW Item #7: Clean and Tidy Appearance
Maintain a clean and tidy appearance of the landscape and pathways. Assess areas that
require blowing, including ground cover, rock gardens, lawns, walkways, driveways,
patios, flower beds, and parking lots.
Perform this work at a minimum of one-month interval. Summer and Fall may require additional raking, blowing, and dead leaf removal. Trash shall also be removed whenever
the site is visited.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #8: Remove Debris
Properly remove and dispose of all cut branches, leaves, and debris according to local
regulations. Vegetation, leaves, branches, and debris shall not be blown or spread into the street right-of-way. All debris and/or vegetation shall be placed into a pile for removal and disposal by the Contractor.
Work shall not be undertaken outside of the City curb, nor within the traveled public right- of-way unless a City encroachment permit is obtained by the Contractor. Copy of said permit shall be provided to the District prior to work within or from public traveled right-of- way may be undertaken.
For the sake of this Agreement, a City encroachment permit is required to park on or block the City street and/or bike path. The appropriate traffic control shall be used if parking or blocking traveled traffic or bike lane(s). Comply with City requirements, but at a minimum, the Contractor shall follow and adhere to the WATCH Manual requirements, latest edition.
Furnish all labor, materials, and equipment necessary for landscaping maintenance work.
SOW Item #9: Gopher Treatment
Conduct gopher abatement and treatment(s). Traps, bait, chemicals, and/or other
treatments, or combination of treatments, may be used.
Furnish all labor, materials, and equipment necessary for gopher mitigation work.
SOW Item #10: Maintenance Records
Maintain monthly records and reports of all maintenance performed at each
location. Provide records/reports to the District within 5 working days after the
Month-end. Records may be submitted with the monthly invoice.
CMSD Project
February 5, 2025 Standard Specifications – 14
Docusign Envelope ID: 8402E022-D26C-4F8D-86A2-8F38638C0F87