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CAMARILLO SANITARY DISTRICT
MAINTENANCE CONTRACT
This contract (“Contract”) is effective as of July 1, 2025 (“Effective Date”), and is between the CAMARILLO SANITARY DISTRICT, a Sanitary District organized pursuant to the California Health and Safety Code (“District”), and DUKE'S ROOT CONTROL, INC., a New York corporation (“Contractor”), collectively referred to as the “Parties.” Section 1. Recitals. This Contract is entered into with respect to the following facts:
1.1 Contractor represents it is qualified to perform all of the W ork (defined below) required under this Contract.
1.2 Contractor agrees to perform all such Work in the time and manner set forth in the Contract Documents (defined below).
1.3 The District has determined that the public interest, convenience and necessity require the execution of this Contract and its implementation.
Section 2. Contract Documents . This Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:
2.1 Notice Inviting Bids
2.2 Bid Conditions
2.3 Unit Pricing, as accepted
2.4 Notice of Award
2.5 This Contract
2.6 Verification of California Department of Pesticide Regulation License
2.7 Certificate of DIR Registration
2.8 Contractor’s Certificate Regarding Workers’ Compensation
2.9 Certificate(s) of Insurance
2.10 General Conditions/Specifications
2.11 Prevailing Wage Scales
2.12 Other documents (list here)
Exhibit A – Scope of Work & Special Provisions
Exhibit B – Key Personnel & Compensation
Exhibit C – Insurance
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Section 3. The Work.
3.1 The work (“Work”) to be performed by Contractor is described in the Contract Documents.
3.2 In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work.
3.3 Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work.
3.4 Contractor must perform all of the Work in strict accordance with the Contract Documents.
3.5 Contractor must make every reasonable effort to maintain the stability and continuity of Contractor's key personnel to perform the Work required under this Contract.
3.6 Contractor must obtain District’s prior approval before utilizing any subcontractors to perform Work under this Contract. Approval must include the identity of the subcontractor and the terms of compensation.
3.7 Contractor will not be compensated for any services rendered in connection with its performance of this Contract that are in addition to or outside of those set forth in the Contract Documents, unless such additional services or work are authorized in advance by District.
Section 4. Term and Termination.
4.1 Subject to Sections 4.2 and 4.3 below, the term of this Contract will be for a 36- month period commencing on the Effective Date, and may be extended for up to two (2) additional one-year periods, based on the mutual agreement of the Parties.
4.2 District may terminate this Contract, with or without cause, at any time by written notice of termination to Contractor. If such notice is given, Contractor must cease immediately all Work in progress.
4.3 Contractor may terminate this Contract at any time upon 90 days' prior writt en notice of termination to District.
4.4 Upon termination of this Contract by either Contractor or District, all proper ty belonging exclusively to District which is in Contractor's pos session must be returned to District. Contractor must promptly deliver to District a final invoice for all outstanding services performed and expenses incurred by Contractor as of the date of termination. Compensation for Work in progress not based on an hourly rate will be prorated based on the percentage of Work completed as of the date of termination.
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4.5 Contractor acknowledges District’s rights to terminate this Contract as provided in this section, and hereby waives any and all claims for damages that m ight otherwise arise from District’s termination of this Contract.
Section 5. Time to Perform the Work.
5.1 Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents.
5.2 Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
5.3 If Contractor is delayed by any cause beyond Contractor’s control, District may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify District in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor’s performance of the Work.
Section 6. Compensation and Payment.
6.1 Subject to any limitations provided in the Contract Documents, District agrees to pay Contractor as full consideration for the faithful performance of all of the Work the compensation set forth in Exhibit B (“Compensation”), which is made a part of this Contract. If during the term of this contract the applicable prevailing wage rate increases, the Contractor may request a contract modification as outlined in Section 16.5 annually on the anniversary date of the contract.
6.2 Contractor may submit a request for adjustments to compensation for cost -of- living increases each year based on the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles Region. The request for cost-of-living increases must be submitted to the Water Reclamation Supervisor by March 30th of each year using the February CPI -U for the Los Angeles Region and such increase will not become effective until the anniversary date of the contract.
6.3 Contractor must furnish District with an invoice for the Work performed in accordance with the Contract Documents. Contractor may not submit a n invoice more often than once every 30 days.
6.4 District will review each invoice and determine whether the Work performed is in accordance with the Contract Documents. The Water Reclamation Superintendent may require Contractor to provide a release of all undisputed Contract amounts contained in the invoice.
6.5 If District disputes any item on an invoice, District will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
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6.6 Except as to any charges for the Work performed that District disputes, District will cause Contractor to be paid within 30 days of the date of the invoice or the date that Contractor furnishes District with a release of all undisputed Contract amounts, whichever occurs later.
6.7 In the event there is any claim specifically excluded by Contractor from the operation of any release, District may retain an amount not to exceed the amount of the excluded claim.
Section 7. Labor Code and Prevailing Wage Requirements.
7.1 Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day’s work per Labor Code section 1810. Contractor will forfeit the statutory penalty to District for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.
7.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
7.3 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at District ’s Department of Administrative Services a nd available to Contractor and any other interested party upon request.
7.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
7.5 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to District for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
7.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract.
Contractor is responsible for compliance with Labor Code section 1777.5 for all
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apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, w ho are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
7.7 Contractor has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). District hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at:
http://www.dir.ca.gov/dlse/cmu/cmu.html
.
7.8 Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors which are at that time registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5. Contractor must obtain proof of such registration from all such subcontractors.”
7.9 If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).
Section 8. Non-Discrimination.
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. Contractor is responsible for compliance with this section.
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Section 9. General Legal Compliance; Contractor Claims.
9.1 In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.
9.2 Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by District. Contractor is exempt from any City encroachment permit fee pursuant to Camarillo Municipal Code Section 13.04.020.
9.3 Contractor must maintain a valid California Department of Pesticide Regulation License throughout the term of this Contract.
9.4 In the event Contractor has any claims (as such term is defined in Public Contracts Code section 9204) against District , the Parties will follow the applicable dispute resolution process set forth in Section 9204 which, among other things, establishes procedures for the submission of a claim to the District, including the submission of reasonable documentation to support the claim, time periods for the District to respond in writing to the claim, a meet and confer process, and a non-binding mediation process.
Section 10. Clayton and Cartwright Act Assignments.
In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract , Contractor and any subcontractor will be deemed to have offered and agreed to assign to District 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 California Business and P rofessions Code), arising from purchases of goods, services, or materials for the Work. This assignment will be deemed made and will become effective at the time District tenders final payment to Contractor, without further acknowledgement by the Parties.
Section 11. Independent Contractor.
Contractor is and will at all times remain as to District a wholly independent contractor. Neither District nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents.
Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of District.
Section 12. Indemnification.
12.1 Contractor agrees to the fullest extent permitted by law to (1) immediately defend and (2) indemnify District from and against, any and all claims and liabilities, regardless of the nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its
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officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and admi nistrative expenses. Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
12.2 Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend District in all legal, equitable, administrative, or special proceedings, with counsel approved by District, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any District indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of any District indemnified party, then Contractor may submit a claim to District for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the District indemnified party.
12.3 Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the District Attorney’s office to monitor and consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. District will use its best efforts to avoid duplicative attorney w ork or appearances in order to keep defense costs to a reasonable minimum.
12.4 Contractor agrees that settlement of any Claim will require the consent of District. District agrees that its consent will not be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its obligation to indemnify District for the costs of any such settlement as required under this Contract.
12.5 Contractor’s obligation to indemnify District applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of a District indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole active negligence or sole willful misconduct of a District indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.
12.6 For the purposes of this section, “ District” includes District’s officers, officials, employees and agents.
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12.7 The provisions of this section will survive the expiration or earlier termination of this Agreement.
Section 13. Insurance .
Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit C (“Insurance”), which is made a part of this Contract.
Section 14. Notice .
14.1 All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
To District:
To Contr
actor:
Camarillo Sanitary District
601 Carmen Drive
Camarillo,
California 93010
Attn: Darrin Carter, Water Reclamation Superintendent
(Tel.) 805-3 83-5665
(Email) [email protected]
Duke's Root Control, Inc.
400 Airport Road, Suite E.
Elgin, IL 60123
Attn: Matthew Fishbune, Chief Executive Officer/President (Tel.) 800-4 47-6687
(Email) [email protected]
14.2 Not
ice will be deemed effective on the date personally delivered or transmitted by facsimile or email. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
14.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section.
Section 15. Proj
ect Documents.
All data, drawings, maps, models, notes, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of District. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to District in its possession, but may retain copies of any of the Project Documents it may desire.
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Section 16. General Provisions.
16.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
16.2 Assignment. Contractor may not assign this Contract without the prior written consent of District, which consent may be withheld in District’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
16.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
16.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and District prior to the execution of this Contract.
16.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the District Board of Directors or District Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
16.6 Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument.
Amendments to this Contract will be considered executed when the s ignature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature.
16.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by District of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
16.8 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
16.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and
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the Contract will be read and construed without the invalid, void or unenforceable provision.
16.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles. [Signatures on the following page.]
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The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
CAM
ARILLO SANITARY DISTRICT
Greg Ramirez, District Manager
ATTEST:
Carrie Weal, Assistant Secretary
DUKE
'S ROOT CONTROL, INC., a New York corporation
Matthew Fishbune, Chief Executive Officer/President
Richelle Owens, Chief of Staff
030160 _____________________________ 11/30/2025____
Camarillo Business Tax Certificate Number Expiration Date
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EXHIBIT A
SCOPE OF WORK
&
SPECIAL PROVISIONS
Specification No. MC-2024-7
CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
EXHIBIT A
SCOPE OF WORK & SPECIAL PROVISIONS
SCOPE OF WORK
Supply all labor, equipment, materials, traffic control, and incidentals necessary to apply an herbicide root control product within sanitary sewer lines in order to kill the root growth present and to control re-growth without damaging the vegetation producing the roots.
The Camarillo Sanitary District’s (District) existing sewer collection system is made up of a network of gravity sewers, pump stations, and forcemains. The gravity system consists of approximately 143.7 miles (758,607 feet) of pipe and 2,947 manholes and cleanouts. The sewers are primarily constru cted of vitrified clay pipe with sizes ranging from 6 -inches to 24-inches in diameter. Approximately 67 percent of the pipes are 8-inches in diameter.
Below is a table of the approximate length of each pipe size:
Pipe Size Approximate Length
(Linear Feet)
6 inch 53,900
8 inch 504,400
10 inch 49,700
12 inch 67,900
15 inch 39,400
18 inch 16,900
21 inch 4,000
24 inch 15,100
ROOT CONTROL PRODUCT
A. The root control product shall be approved by the District and registered with the United States Environmental Protection Agency (USEPA) and the California Department of Pesticide Regulation, and shall be labeled for use in sewers to control tree roots. The root control product shall contain an active ingredient for killing sewer roots and controlling their regrowth. There shall also be a surfactant system to deliver the active ingredient (herbicide) to the target root tissue.
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CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
1. Active ingredient:
a. Shall not be labeled “RESTRICTED USE: DUE TO ACUTE TOXICITY” by the USEPA.
b. Must be currently classified by the USEPA as a non-carcinogen, i.e. as “Not Likely to Be Carcinogenic to Humans” un der either the 1985 or 2005 classification systems.
c. Must be non -volatile in order to prevent inhalation and/or exposure to workers, homeowners and the general public in the vicinity of treated areas. d. Shall not be on the California Proposition 65 Lis t of Chemicals Known to Cause Cancer.
e. Products containing the active ingredient(s) metam-sodium, dichlobenil, or copper sulfate are not allowed.
2. Surfactant system:
a. Must produce a dense, small bubble, clinging foam, which sustains its shape for minimum of one hour.
b. Must enhance the penetration of herbicide into root masses. c. Products that generate foam chemically, upon contact with water shall not be accepted.
B. Once the product has been approved for use by District, Contractor must submit complete descriptive literature of the substitute product naming the proposed substitution and manufacturer and must be approved by District in writing prior to use. The substitute product must be proven to be equivalent to the previously District approved product.
C. The product must be approved by the District to conform to the standards above.
Contractor must submit proof that the product is compatible with the District’s sewer system and does not harm the downstream process.
MANNER OF APPLICATION
A. All work must be coordinated with District staff prior to start. All work must be performed by on-site CDPR certified applicator and be performed according to label instructions. All applications shall be done by foaming or methods provided on the product label. The application of the product shall be performed in such a way as to contact roots within the main line sewer to be treated. Effort will also be made to penetrate lateral sewers in order to contact roots residing in the “wye” connections. The foam must be generated through the use of air injection equipment, and the foam must be pumped in to the sewer under low pressure. Foam quality must be sufficient to effectively treat all pipe diameters.
Products designed to generate foam on contact with water shall not be accepted.
B. Due to efficacy and risk of exposure, high pressure application equipment shall not be used prior to or during the treatment process.
C. Manholes used to access a main line sewer section for treatment must be treated as part of the main line treatment and included as part of the main line section price per foot. The Contractor must fully cover the inside manhole wall with a three inch coating of foam within twelve inches of the road/ground surface. The Contractor must incorporate a treatment A-3
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CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
method that complies with all safety and label instructions of the pesticide product accepted for use.
TRAFFIC CONTROL
A. Contractor shall provide and receive City Traffic Engineer approval on a traffic control plan before start of work.
B. Traffic control shall include all labor, tools, equipment, transportation and incidentals necessary to maintain and control all vehicle and pedestrian traffic through the jobsite.
C. All such work shall conform to the California Manual of Uniform Traffic Control Devices, 2014 Revision 8, Effective January 11, 2024, or the most current revision.
D. All work area traffic control devices, materials and equipment shall be in like new condition, as determined by the City Traffic Engineer.
E. The overall work -site traffic control, warning, and guidance effort shall be continuously monitored by Contractor for its adequacy in detouring traffic around or circulating traffic through the work area. Any deficiencies by Contactor in such monitoring, or correcting inadequate worksite signing, shall be considered just cause for the City Traffic Engineer or their representative to suspend the work.
F. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advanced warning signs, flagmen, multiple message boards, solar- powered flashing beacons, barricades and other safety devices, as required for public safety or as directed by the City Traffic Engineer shall be included in the contract unit price paid for each item in the contract Bid and no additional compensation will be allowed therefore.
WATER
A. The Contractor shall use an air gap whenever accessing fresh water for mixing chemical.
Backflow devices are not acceptable.
B. All water used other than through a service connection and meter must be through a fire hydrant meter. Hydrant meters will be installed by the City of Camarillo Water Division or applicable water purveyor and moved from one location to another only upon approval of the City of Camarillo Water Division or other applicable water purveyor. The Contractor must pay all applicable fees and charges related to the construction water account, including but not limited to deposits, installation, inspection and related costs.
TRANSPORTATION, STORAGE, AND PROTECTION
All materials shall be transported, stored, and protected in accordance with manufacturer’s recommendations and applicable Federal and State guidelines. Liquid chemicals must be packaged in mini-bulk containers that are designed for re-use with dry lock connectors, as part of a closed chemical handling system. Disposable pesticide containers will not be accepted for use on this project.
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CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
REPORTS PROVIDED BY CONTRACTOR ON COMPLETED WORK
A. Upon completion of the project and accompanying the invoice, or whenever requested to by the Camarillo Sanitary District (District), Contractor shall submit reports which show the following information:
1. The name of the District
2. The report date
3. The date each given sewer line was treated
4. Street name for each given sewer line
5. A description (manhole numbers, house numbers, cross streets, etc.) which will enable the District to accurately identify the exact location of each sewer line
6. The pipe size for each given sewer line
7. The length (manhole to manhole) for each given sewer line
8. The date the guarantee expires on each given sewer line B. In addition, all reports shall be provided in an acceptable software form and formatted for a program designated by the District at the time of billing.
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CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
SPECIAL PROVISIONS
PROTECTION OF WASTEWATER TREATMENT PLANT
A. The Contractor shall take all steps necessary to prevent adverse effects on wastewater treatment plant (hereafter, WTP) processes.
B. The Contractor attests, through submittal of bid and entering into this contract, that the Contractor is expert in this type of work and understands the risks posed by this type of work on WTP processes. The Contractor shall not rely on the District for guidance in this regard.
C. Introduction of any products in any WTP must be with the approval of the appropriate WTP personnel and the Contractor must notify appropriate WTP personnel of the date and time of all intended work, and provide information requested, including specimen product labels and Safety Data Sheets, for any products introduced to the collection system.
D. The Contractor will provide names and phone numbers of individuals responsible for the application of the products.
E. The Contractor shall be financially responsible for any adverse effects on WTP processes caused by the product applications, including but not limited to the following: damages to plant processes or equipment, clean-up and restoration costs, fines imposed on the District or on the operator of the WTP by State or Federal agencies, pollution of receiving waters, and civil suits. The Contractor shall further indemnify and hold harmless the District and the operator of the WTP, against all costs, including legal expenses, relating to WTP failure or other damages or pollution caused by the application of products by the Contractor.
PROPERTY DAMAGES CAUSED BY THE CONTRACTOR
Should the Contractor or their employees cause any damage to public or private property, the Contractor will be required to make repairs immediately. The District may, however, elect to make repairs or replacements of damaged property and deduct the cost of such from moneys due or to become due the Contractor under this agreement with the District. The Contractor shall not be responsible for any damages caused by sewer stoppages.
GUARANTEE REQUIREMENTS
A. For each sewer section (manhole -to-manhole) that is treated under the contract, the Contractor shall guarantee the work as follows:
1. At the option of the District, the Contractor shall, at their own expense, re-treat a sewer section, or refund 100% of the payment received to treat that section, in the event that:
a. live roots are found in the section within six months after the application; or b. the section plugs up due to tree root obst ructions within a period of two years, beginning the date of treatment, and ending two years after the date of treatment.
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CAMARILLO SANITARY DISTRICT
SEWER LINE CHEMICAL ROOT CONTROL
B. Retreatments, performed at no charge in honor of the guarantee, do not extend the expiration date of the guarantee.
C. The guarantee applies only to main line sewer stoppages caused by tree roots. It does not apply to stoppages caused by grease or other foreign matter; flat, collapsed or deformed pipe; or flooding caused by a surcharged or plugged sewer section downstream from a guaranteed sewer section. The Contractor is not responsible for damage caused by main line stoppages.
D. The decision of the District as to the cause of a stoppage is binding.
E. The Contractor shall be required to return periodically, at the Contractor's sole expense, for the purpose of performing free re-treatments as required under the guarantee.
INSPECTION AND ACCEPTANCE
Services will be inspected by District personnel. Contractor will b e notified as soon as practical of exceptions requiring correction. Payment for services will not be made until any required corrections have been completed. Time allotted for corrections will be determined on a case by case basis.
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EXHIBIT B
KEY PERSONNEL & COMPENSATION
1. Contractor’s designated representative who is authorized to act on its behalf and to make all decisions in connection with the performance of the Work under this Contract is Matthew Fishbune, Chief Executive Officer/President.
2. Total compensation under this Contract shall be $900,000. Annual expenditures of $300,000 are estimated but can vary depending on needed maintenance services.
UNIT PRICING
(attached)
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EXHIBIT C
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial General Liability $2,000,000/ $4,000,000 Aggregate Business Automobile Liability $2 ,000,000
Workers’ Compensation Statutory Requirements
2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of
Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an “occurrence” not a “claims -made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another. Limits may be no less than $2 ,000,000 per occurrence for all covered losses, and no less than $4,000,000 general aggregate.
Liability policies must be endorsed to name District, its officials, employees and agents as “ additional insureds” under the insurance coverage. The Additional Insured Endorsement form must be provided.
The policy must state that such insurance will be deemed “primary” such that any other insurance that may be carried by District will be deemed “excess” to that of Contractor.
This endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent form as determined by District . Primary and Noncontributory and Waiver of Subrogation Endorsement forms must be provided.
Coverage must be applicable to District for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.
The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:
1. Explosion, collapse or underground hazard (XCU);
2. Products and completed operation;
3. Pollution liability; or
4. Contractual liability.
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3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by District. Limits must not be less than $2 ,000,000 per accident, combined single limit, or if Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person. Additional Insured, Primary and Noncontributory, and Waiver of Subrogation Endorsement forms must be provided.
4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability, or Contractor must provide evidence of an approved self -insurance program. Waiver of Subrogation Endorsement form must be provided.
5. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by District. District reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change. If such change results in substantial additional cost to Contractor, District and Contractor may renegotiate Contractor’s compensation.
6. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the District’s Risk Manager.
7. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross - liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to District for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of District following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2 ,000,000 per occurrence and aggregate. Additional Insured, Primary and Noncontributory, and Waiver of Subrogation Endorsement forms must be provided.
8. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the District Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by District. Such Certificates of Insurance and Endorsements must be in a form approved
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by District’s Attorney. Contractor must maintain current certificates and endorsements on file with District during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to District.
9. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, District may, in addition to any other available remedies, (a) obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor, (b) make a claim against the Contractor’s surety, or (c) terminate the Contract.
10. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
11. Higher Limits of Insurance. If Contractor maintains higher limits of insurance than the required amounts shown in Section 1 above, then such amounts will be the minimum required under this Agreement.
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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Matthew Fishbune, Chief Executive Officer/President
Name (print or type)
Date Signature
05 / 03 / 2025
(4-2018) Specification No. MC-2019-5
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CERTIFICATE REGARDING DEPARTMENT OF INDUSTRIAL
RELATIONS CONTRACTOR REGISTRATION
I certify, under penalty of perjury, that Contractor is registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractor’s Department of Industrial Relations registration number is 1000003539.
Matthew Fishbune, Chief Executive Officer/President
Name (print or type)
Date Signature
(Labor Code section 1725.5)
05 / 03 / 2025