1 The Sayler Group, Corp.
Form Rev. 11-18-21
CITY OF COSTA MESA
MAINTENANCE SERVICES AGREEMENT
WITH
THE SAYLER GROUP, CORP.
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of January, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and THE SAYLER GROUP, CORP., a California corporation (“Contractor”).
W I T N E S S E T H :
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of City property, as more fully described herein; and
B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and
C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services . Contractor shall provide the services described in the City’s Invitation For Bid ("IFB") attached hereto as Exhibit “A,” and Contractor’s response to City’s IFB (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).
1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the Cit y, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, 2 The Sayler Group, Corp.
Form Rev. 11-18-21
Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must inc lude compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) 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 Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the work will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its 3 The Sayler Group, Corp.
Form Rev. 11-18-21
discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Compliance with Applicable Law . Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to secti on 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.
1.7. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.
Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 4 The Sayler Group, Corp.
Form Rev. 11-18-21
2.3. Method of Billing . Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, and the associated time for completion.
2.4. Records and Audits . Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work . The Services shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of eighteen (18) months, ending on June 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
5 The Sayler Group, Corp.
Form Rev. 11-18-21
(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6 The Sayler Group, Corp.
Form Rev. 11-18-21
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in t his Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
7 The Sayler Group, Corp.
Form Rev. 11-18-21
The Sayler Group
28699 Fieldgrass Street
Menifee, CA 92584
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (949) 534-5299 Tel: (714) 754-7499
Attn: Tom Carney Attn: Robert Ryan
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-free Workplace Policy . Contractor shall provide a drug- free workplace by complying with all provisions set forth in City’s Council Policy 100- 5, attached hereto as Exhibit “C” and incorporated herein by reference. Contractor’s failure to conform to the requirements set forth in Council Policy 100- 5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction loc ated in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, 8 The Sayler Group, Corp.
Form Rev. 11-18-21
complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontrac tors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 9 The Sayler Group, Corp.
Form Rev. 11-18-21
6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.18. No Third Party Beneficiary Rights . This Agreement is ente red into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of 10 The Sayler Group, Corp.
Form Rev. 11-18-21
this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
11 The Sayler Group, Corp.
Form Rev. 11-18-21
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
Date:
Signature
[Name and Title]
CITY OF COSTA MESA
Date:
Lori Ann Farrell Harrison
City Manager
ATTEST:
Brenda Green
City Clerk
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
Date:
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
Date:
Robert Ryan
Project Manager
Date:
12 The Sayler Group, Corp.
Form Rev. 11-18-21
DEPARTMENTAL APPROVAL:
Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
Date:
Carol Molina
Finance Director
Date:
EXHIBIT A
INVITATION FOR BID
1 IFB23-05.C04473
INVITATION FOR BID
FOR
REMOVAL OF TRASH DEBRIS & WEEDS AT CALTRANS PROPERTY
IFB NO. 23-05
rm
Costa Mesa
Public Works Department
CITY OF COSTA MESA
September 29, 2022
2 IFB23-0S.C04473
IFB NO. 23-05
REMOVAL OF TRASH DEBRIS & WEEDS AT CALTRANS PROPERTY
The City of Costa Mesa (hereinafter referred to as the "City") is requesting bids from a qualified public entity or private firm, to establish a contract for Removal of Trash Debris & Weeds at CALTRANS Property. The term is expected to be for two (2) years with one (1) one-year option to renew.
I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of over $206 million and a total budget of $163.5 million for fiscal year 2022-2023.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beac h, Huntington Beach, Fountain Valley and Irvine.
The City is a "full service city" providing a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; st reet lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs.
The City of Co sta Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation.
1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where neces sary, request any clarification prior to submission of a bid. Bidders are not to contact other City personnel with any questions or clarifications concerning this Invitation for Bid (IFB). Any City response relevant to this IFB other than through or approved by City's Purchasing Department is unauthorized and will be considered invalid.
If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids.
Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City's Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be 3 IFB23-05.C04473
responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.
2. Bid Validity: Bids will be valid for a period of 120 days after the IFB closing date.
3. Schedule of Events: The invitation for bid will be governed by the following schedule:
Release of IFB
Deadline for Written Questions
Responses to Questions Posted on City's Website
Bids Due
Approval of Contract
II. GENERAL INSTRUCTIONS AND PROVISIONS
September 29, 2022
October 4, 2022
October 6, 2022
October 17, 2022
TBD
1. Before submitting a bid, Bidders shall carefully examine the solicitation contents, including the sample professional services agreement, conditions and Scope of Work, (Appendix A). Bidders shall include in their bid response a monetary sum to cover the co st of all items included in the agreement. The sample agreement contained in this solicitation is the proposed agreement for execution. Upon award, awarded Bidder will be required to sign and submit contract for execution.
2. Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Bid. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor's office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.
3. Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, (Appendix A) of this IFB.
4. Bid (Appendix B):
• Bid prices quoted shall be firm for the full term of the contract.
• Bid prices offered shall reflect all addendum(s) issued by the City.
• Bids shall be submitted only for the items and/or services as stated in the Scope of Work; bids for other than the items and/or services listed will not be considered.
• The City will only consider firm price bids.
4 IFB23-05.C04473
• The net amount of profit will remain firm during the period of the contract.
Contract adjustments which increase Contractor's profit will not be allowed.
• All price/rate decreases will automatically be extended to the City.
• Bids must be provided for each item separately; "all-or-none" bids will not be accepted unless in the best interest of the City.
5. Substitutions: Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an "equal," Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the City, and the City reserves the right to request a sample for determining equality with the specified brand. If it has been justified and accepted by the requesting agency/department and/or a City standards committee that only one brand can meet the City's requirements,
"no exceptions" shall be noted in the specifications.
6. Accuracy of Bids: Bidders shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the City.
If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the facilitator and request to withdraw the bid. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.
7. Responsibility of Bidders: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre- contractual expenses are not to be included in the Contractor's Pricing Sheet. Pre- contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:
• Preparing its bid in response to this IFB;
• Submitting that bid to the City;
• Negotiating with the City any matter related to the bid; and, 5 IFB23-05,C04473
• Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the contract.
8. Submission of Bids: Complete written Bids must be submitted electronically in PDF file format via the planetbids.com website not later than 2:00 p.m. (P.S.T) on October 17, 2022. Bids will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received in proper time. Faxed or e-mailed Bids will not be accepted. NO EXCEPTIONS.
9. Inquiries: Questions about this IFB must be posted in the Q&A tab on Planetbids no later than October 4, 2022 at 2:00 P.M. The City reserves the right not to answer all questions.
The City reserves the right to amend or supplement this IFB prior to the Bid due date. All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business -Bids & RFP's. Proposers should check this web page daily for new information.
From the date that this IFB is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this IFB with any City employee other than the contracting officer listed above regarding this IFB. The City reserves the right to reject any Bid for violation of this provision. No questions other than posted on Planelbids will be accepted, and no response other than written will be binding upon the City.
10. Conditions for Bid Acceptance: This IFB does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all bids received as a result of this IFB or to cancel this IFB in part or in its entirety. The City may waive any irregularity in any bid. All bids will become the property of the City of Costa Mesa. If any proprietary information is contained in the bid, ii should be clearly identified by Bidder
11. Acceptance/Rejection/Award
• Bids submitted in response to this IFB may become subject to public disclosure under the California Public Records Ac t, and other applicable law. The City shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the City.
• The lowest, responsive and responsible, Bidder will be recommended for contract award.
6 IFB23-05.C04473
• Bids will be reviewed by the City for responsiveness to all requirements.
The City has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.
• Only those responsible and responsive bids that meet all solicitation requirements and specifications, shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.
• Please take notice that non- acceptance of City terms and conditions may deem a bid non- responsive. The City will not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.
• By submitting a response to this solicitation, Bidders agree to accept the decision of the City as final.
12. Checklist of Forms to Accompany Bid: As a convenience to Bidders, following is a list of the Forms, (Appendix D) included in this IFB, which should be included with Bids:
1. Vendor Application Form
2. Company Profile & References
3. Ex Parte Communications Certificate
4. Disclosure of Government Positions
5. Disqualifications Questionnaire
6. Bidder/Applicant/Contractor Campaign Contribution
13. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the bid procedure, which are apparent or reasonably should have been discovered prior to receipt of bids shall be filed in writing with the City's Purchasing Department at least 1O calendar days prior to the deadline for receipt of bids. The protest must clearly specify in writing the grounds and evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the bids, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City's Purchasing Department, within 48 hours from receipt of the notice from the City advising of City's recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City's Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City's recommendation to the City Council will be considered. Should Bidder decide to appeal the response of the City's Purchasing Department, and pursue its protest at the Council meeting, it will notify 7 IFB23-05.C04473
the City's Purchasing Department of its intention at least 2 days prior to the scheduled meeting.
a. Procedure - All protests shall be typed under the protester's letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
• The name, address and telephone number of the protester;
• The signature of the protester or the protester's representative;
• The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and
• The form of relief requested.
14. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this IFB, protest, or any other written communication between the City and Bidder, shall be available to the public.
The City intends to release all public portions of bid submissions following the evaluation process at such time as a recommendation is made to the City Council.
If Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder's competitive position if disclosed, the Bidder shall request that the City withhold from disclosure the pro prietary information by marking each page containing such proprietary information as confidential. Bidder may not designate its entire bid as confidential nor designate its Price Bid as confidential.
Submission of a bid shall indicate that, if Bidder requests that the City withhold from disclosure information identified as confidential, and the City complies with the Bidder's request, Bidder shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorneys' fees and costs that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to the withholding of Bidder information. Bidder shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Bidder information. If Bidder does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.
8 IFB23-05.C04473
15. Ex Parte Communications: Bidders' representatives should not communicate with the City Council members about this IFB. In addition, Bidders, and Bidders' representatives, should not communicate outside the procedures set forth in this IFB with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the IFB facilitator, regarding this IFB until after contract award. This solicitation requires due process and therefore set -forth herein must be explicitly complied with. Bidders and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Bidder" or "Bidder's representative" incl udes all of the Bidder's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Bidder's bid, and any individual or entity who has been requested by the Bidder to contact the City on the Bidder's behalf. Bidders shall include the Ex Parte Communications form (Appendix D) with their bids certifying that they have not had or directed prohibited communications as described in this section.
16. Conflict of Interest: The Bidder warrants and represents that it presently has no interest and agrees that it will not acquire any interest that would present a conflict of interest under California Government Code, Sections 1090, et seq., or sections 87100 et seq., during the performance of services under any contract awarded. The Bidder further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any awarded contract being deemed void and unenforceable.
17. Disclosure of Governmental Position: In order to analyze possible conflicts that might prevent a Bidder from acting on behalf of the City, the City requires that all Bidders disclose in their bids any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Bidder shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past 12 months using the attached "Disclosure of Governm ent Positions Form." (Appendix D)
18. Maintenance Service Agreement: The firm selected by the City will be required to execute a Maintenance Service Agreement with the City. A sample of the Agreement is enclosed as (Appendix C), but may be modified to suit the specific services and needs of the City. If a Bidder has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Bid.
Otherwise, the Bidder will be deemed to have accepted the form of Agreement.
19. Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:
9 IFB23-05.C04473
• Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.
• W-9 - Current signed form W-9 (Taxpayer Identification Umber & Certification) which includes Contractor's legal business name(s).
20. Disqualification Questionnaire: Bidders shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Bidder, any officer of a Bidder, or any employee of a Bidder who has a proprietary interest in the Bidder, has film! been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A bid may be rejected on the basis of a Bidder, any officer or employee of such Bidder, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
See
(Appendix D).
21. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business - Bids & RFP's . Proposers should check this web page daily for new information.
10 IFB23-05.C04473
APPENDIX A
SCOPE OF WORK
I. GENERAL REQUIREMENTS:
A. No bid shall be considered from a Contractor who, at the time the bids are opened, is not licensed (C-27) to contract for this project in accordance with the law under provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of the license required, the opinion of the Contractor's State Ucense Board shall prevail. This requirement is not a mere formality, and it shall not be waived.
B. The Contractor is responsible for providing the appropriate traffic control, safety equipment and tools as needed.
C. All vehicle operators shall have and maintain a valid State of California driver's license for the class of vehicle being operated.
D. The Contractor shall have the ability to modify or curtail certain tasks and operations at the request of the City's Representative.
E. The Contractor shall have a valid City of Costa Mesa business license and all insurances required by the City prior to starting work.
F. The Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional, workmanlike manner using quality equipment.
G. The Contractor shall recognize that during the course of this contract, the City may have other Contractors conducting other activities and/or operations.
Activities may include, but not limited to, the following:
• Landscape refurbishment
• Modification or repair
• Construction
• Storm related operations
II. SPECIFIC REQUIREMENTS:
A. The Contractor shall provide trash, debris and weed removal services as specified in the attached cost sheet on an as needed basis to be determined by the City's Representative.
B. The Contractor shall cover the following tasks on any Cal Trans maintained area within the City of Costa Mesa on an as needed, on-call basis:
11 IFB23-05.C04473
• Trash, Liter and other Debris - The Contractor shall inspect all assigned areas and pick up and a remove trash, liter and debris. Removed items can be brought to the City Yard for disposal.
• Weed Removal - Hand or mechanical removal of weeds. Green waste will be brought to the City Yard for disposal.
• Homeless Encampments - The Contractor shall notify the City's Representative of all homeless encampments. The Contractor shall provide a cost to include the removal of all items in the homeless encampment and bring them back to the City Yard for disposal. The Contractor will notify the City's Representative prior to removals.
• Additional Requests - The City's Representative at times, may requests additional landscape maintenance related work that is not covered in this document. This will be considered an hourly rate cost.
Ill. LOCATIONS:
The Contractor shall provide maintenance services to Cal Trans maintained areas.
These areas are outlined listed in Attachment A. Additional areas may be added by the City's Representative at the same hourly cost.
IV. CONTRACTOR REQUIREMENTS:
A. The Contractor shall meet all specifications _and requirements contained herein.
No Substitutions will be accepted without prior City written approval.
B. The Contractor shall provide and furnish all labor, tools, traffic control, equipment and material that are required.
C. The Contractor shall ensure all precautions for safety are taken.
D. All Contractor vehicles parked on site shall be secure at all times.
E. All tools, equipment and materials shall remain secure in the Contractor's possession at all times
12 IFB23-05.C04473
ATTACHMENT A
CALTRANS LOCATIONS & MAP
Cal Trans Locations
I
[Jr, .,.-•
·itf};ll :
'i"'-::;ou!m. LOB_St:_ 1aza
-
:
1 405@ HARBOR- OFF RAMP S/B
2 405@ NB HARBOR- ON RAMP S/B
3 405@ SB HARBOR- ON RAMP N/B
4 405 from Harborto 55 Fwy NB & S/B
include Fairview Ramps
5 405@ 73 - ON RAMP S/B
6 73 @ BEAR - OFF RAMP S/B
7 73@55- ON RAMP S/B
8 55 from 73 to end+ 22ND - OFF RAMP N/B &SB
9 55@ DEL MAR - OFF RAMP N/B
10 55 from 405 to 73 + BAKER - OFF RAMP N/B &SB
11 73@ BEAR - OFF RAMP N/B
12 405 @ BRISTOL - OFF RAMP S/B
13 405 @ AVE OF THE ARTS - OFF RAMP N/B
14 405 @ HARBOR - OFF RAMP N/B
EXHIBIT B
CONTRACTOR’S PROPOSAL
Commercial Landscape Solutions
28699 Fieldgrass St. Menifee, CA 9258
Tel: 949-534-5299
CA Contractor license : 1064554
10/17/2022
City of Costa Mesa
Public Works Department
Removal of Trash Debris and Weeds for Caltrans Property - IFB NO. 23-05
The Sayler Group is a Women Owned business established in June of 2019. We are a regional, commercial lawn care and vegetation management company and are part of your community in Southern California. Our success and growth will alwa s be built on our best resource: our customers and our employees. We hold more than the n cessary licenses and qualifications to fulfill the scope of work such as a C-27 and QAL. T e Sayler Group holds numerous contracts in similar fields of vege tation removal and landsdping services.
We are more than comfortable performing this contract and the servic s as describes in the Scope of Work. For your assurance, The Sayler Group has a strong source of financial resources and monetary capacity to maintain a 3 year contract and support payroll fo the required term. We are confident and able to do exceedingly more than the services below:
• Vegetation Management (Trimming, Abatement and Removal). • Cutting, chipping and removal of weeds, brush, and neglected landscaping. • Removal of leaves, twigs, needles, or duff from grounds as well as ih and around buildings. • Removing branches, limbs, and other plant material onsite. • Hauling cut vegetation, leaves, needles, and duff to a landfill for pro er disposal. • Litter and brush abatement.
Because of The Sayler Groups determination to grow and expand its sJrvices, there's nothing we can't handle. We are overqualified to perform Removal of Trash Debri. and Weeds for Caltrans Property as described in the Scope of Work.
Authorized Signee: 7i��
Date: 10/17/22
Commercial Landscape Solutions
28699 Fieldgrass St. Menifee, CA 9258
Tel: 949-534-5299
CA Contractor license : 1064554
10/17/2022
City of Costa Mesa
Public Works Department
Removal of Trash Debris and Weeds for Caltrans Proper - IFB NO. 23-05
To whom it may concern at the Public works Department,
This is an official Background and Project Summary Sectio . We would like to assure you we've read the Scope of Work in its entirety and have determined tp.at we are more than capable of performing the work described here in the Scope of Work. The services are as follows:
• Responsibilities for the Traffic control safety equipment. I • All necessary licenses and qualifications for vehicle being operated • Proper management and ability to modify the operations per the req est of the city representatives.
• Valid business license to work in Orange County.
• Providing all trash, debris, and weed removal services as specified i the SOW. • Proper maps and knowledge of each site, on and off ramps, highwa s, and streets that may request services.
• Proper training and pricing for homeless encampments. Knowledge of proper disposal of encampment cleaning.
Best regards,
Cam ey
/&-J1tl,
The Sayler Gro
949-534-5299 28699 Fieldgrass St.
Menifee, CA 92584
www.thesaylergroup.com
IPB23-0S.C04473
APPENDIXB
BID SHEET
Company Name: _T_he_s_ay_l_er_G_ro_u_p Date: 10"""/_14""'"/.;.;.20_2...;.2
Company Address:_ --=2:.::.8.::.:69:.:9:...:F...:.:ie=-=-ld.=.;g;!.:.r.;:;as;;.;;s:...:s;.::t.' -'-.,:.:.M e.:..;;nic:.::fe;.::e...;.C:;.;;A..;..::.;92= -=5;.::8;...;.4 _
Contact Name: Tom Carney Phone No.: 949-534-5299 E-mail: [email protected]
The Contractor shall provide unit costs for the following (Labor and equipment cost only. All materials shall be provided by the City):
One (1) man crew: $---"3"""6
hour.
per hour. Each additional crewperson: $_36 per
Estimated total number of hours anticipated (For budgeting purposes orply):
Hours Per day: 8
Days Per week: 5
Bidder acknowledges by signing below that bidder has read, understands, and agrees to the conditions contained herein and on all of the attachments and addenda.
TO THE CITY OF COSTA MESA:
The Undersigned hereby offers and shall furnish the material, labor, special equipment and permits or service in compliance with all terms. scope of work, conditions, specifications, nd amendments in the Request for Bids which is incorporated by reference as if fully set forth herein. All material is guaranteed to be as specified, all work to be completed in a workmanlike manner according to standard practices, according to terms and conditions on the attached hereon and made a part thereof. A Purchase Order will not be issued until the insurance certificate is approved by Risk Managem nt. Bid may be withdrawn by Contractor if not accepted within 30 days.
For clarification of this offer, contact:
The Sayler Group Name: Tom Carney
Company Name
28699 F ieldgrass st Title: Vice President
Address
Menifee CA 92584
City State Zip
7i��
Signature ofPersonulhorized to Sign
Tom Carney
Printed Name
Vice President
Title
13 Phone: 949-534-5299
Fax:
E-mail: [email protected]
· Page 26 of 34
•
- .
VENDOR APPLICATION FORM
FOR
IFB NO. 23-05 REMOVAL OF TRASH DEBRIS & WEEDS AT CALTRANS PROPERTY
TYPE OF APPLICANT: NEW 0 CURRENT VENDOR
Legal Contractual Name of Corporation: The Sayler Group, Corp.
Contact Person for Agreement: T o=m;._CC--'-a_rn_e..._y -, -- Title: Vice President E-Mail Address: [email protected] Business Telephone: _9_4_9_-5_34_-_52_9_9 Business Fax:
Corporate Mailing Address: _28_6_9_9_Fi_el_d-gr_as_s_st _
City, State and Zip Code: M_en_i_fe_e,_C_A_9_2_58_4 _
Contact Person for Proposals: _T_om_C_a_rn_e.,_y
Title: V_ic_e_P_re_si_de_n_t E-Mail Address: [email protected]
Business Telephone: 94_9_-5_3_4-_5_29_9 Business Fax:
Isyour business: (check one)
0 NON PROFIT CORPORATION [!] FOR PROFIT CORPORATION
Is your business: (check one)
[!] CORPORATION
□ INDIVIDUAL
0 PARTNERSHIP
0 LIMITED LIABILITY PARTNERSHIP
□ SOLE PROPRIETORSHIP
0 UNINCORPORATED ASSOCIATION
Names Title Phone
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Erin Carney President 949-426-3357
Courtney Woods Secretary 858-616-7846
Mike Pollastro CFO 949-842-0038
Tom Carney VP 949-534-5299
Federal Tax Identification Number: 84-2305620
City of Costa Mesa Business License Num b e-r: ----L-' ----------------------------------- - (lnfone, you must obtain a Costa Mesa Business License upon award of contract.}
City of Costa Mesa Business License Expiration Date:
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning IFB No. 23-05 Removal of Tra h Debris & Weeds at CalTrans Property at any time after September 29, 2022.
Date: 10/15/22
Tom Carney
OR
I certify that Proposer or Proposer's representatives have communicated after September 29, 2022 with a City Councilmember concerning IFB No. 23-05 Removal of Trash Debris & Weeds at CalTrans. A copy of all such communications is attached to this form for public distribution.
Date:
Signature
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes No_x_
If the answer is yes, explain the circumstances in the following space.
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials , directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."
COMPANY PROFILE & REFERENCES
Company Legal Name:
Company Legal Status (corporation, partnership, sole pro rietor etc.): Corporation
Active licenses issued by the California State Contractor's License Board: C-27, QAL Band c, pest control license
Business Address: 28699 Fieldgrass st., Menifee CA 92584
Website Address: www.thesaylergroup.com
Telephone Number: 949-534-5299
Email Address: [email protected]
Facsimile Number:
Length of time the firm has been in business: 4 years
Length of time at current location: 4 years
Is your firm a sole proprietorship doing business under a different name: _Yes _x_No
If yes, please indicate sole proprietor's name and the name you are doing business under:
Federal Taxpayer ID Number:
Regular Business Hours:
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation: Tom Carney Telephone Number: 949-534-5299 Facsimile Number:
Email Address: [email protected]
Contact person for accounts payable: Tom Carney
Telephone Number: 949-534-5299
Email Address: [email protected]
Name of Project Manager: Tom Carney
Telephone Number: 949-534-5299
Email Address: [email protected]
Facsimile Number:
Facsimile Number:
COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.
Company Name: Lincoln Training Center
Contact Name: Gary Griffen
Contract Amount: $460,000
Email: [email protected]
Address: 2643 Loma Ave., S El Monte CA 91733
Brief Contract Description: Working side by side with Caltrans performihg weed abatement on side of freeways
Company Name: Cerrudo
Telephone Number: 209-753-7699
Contact Name: Matt Greenlee
Contract Amount: $80,000
Email: [email protected]
Address: San Diego
Brief Contract Description: Weed abatement and herbicide treatments at San Diego/Mexico border wall Company Name: San Jacinto College
Telephone Number: 951-746-9945
Contact Name: Brian Twitty
Contract Amount: $92,000
Email: [email protected]
Address: 28237 La Piedra rd., Menifee CA 92584
Brief Contract Description: Full maintenance contract including vegetation control, herbicides and weed abatement
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/ConsultanVApplicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
I
I
I
I
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ?;��
Bidder/A roposer
10/15/2022
Date
EXHIBIT C
CITY COUNCIL POLICY 100-5
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub- grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug- free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
b. Establishing a Drug-Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub- grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub- grantee has failed to make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub- grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub- grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.