HomeMy WebLinkAboutNB-1 - 26-296 - 2. Public Works Agreement - 6/2/20261
CITY OF COSTA MESA
PUBLIC WORKS AGREEMENT FOR
CITY IFB NO. 26-18
JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated June 2, 2026
(“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the
State of California (“CITY”), and SCAPEPROS LANDSCAPING CORPORATION, a
California Corporation (“CONTRACTOR”).
WHEREAS, CITY desires to construct the public improvements described below
under Paragraph 1, Scope of Work (the “Project”); and
WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible
bidder; and
WHEREAS, CITY now desires to contract with CONTRACTOR to furnish
construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and
liabilities in connection with the services to be performed.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the parties hereby agree as follows:
1.SCOPE OF WORK.
The scope of work generally consists of the renovation of soccer fields I and II at
the Jack Hammett Sports Complex, including sod cut and removal of the entire soccer
fields, laser survey of the fields to verify field elevations and ensure surface drainage,
importation, grading, compaction, and laser leveling of compatible topsoil/sand to bring
the fields to grade, installation of new TifTuf hybrid Bermuda sod, rolling of the fields, and
application of starter fertilizer to expedite sod establishment (the “Work”).
The Work is further described in the “Contract Documents” referred to below.
The Project is known as the Jack Hammett Sports Complex Soccer Field
Renovation Project, City IFB No. 26-18 (the “Project”).
2.CONTRACT DOCUMENTS.
The complete Agreement consists of the following documents relating to the
Project:
(a)This Agreement;
ATTACHMENT 1
Project and Specification No. IFB No. 26-18
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(b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;
(c) Bid package, including, but not limited to, notice inviting bids, complete
plans, profiles, detailed drawings and specifications, general provisions and
special provisions, and Addendum No. 1 dated April 22, 2026. The bid
package is attached hereto as Exhibit B and incorporated herein;
(d) Drug-Free Workplace Policy, attached hereto as Exhibit C and incorporated
herein; and
(e) Provisions of the most current edition of The Greenbook: Standard
Specifications for Public Works Construction (“The Greenbook”). Provisions
of The Greenbook are incorporated by this reference as if fully set forth
herein.
The documents comprising the complete Agreement will be referred to as the
“Contract Documents.”
All of the Contract Documents are intended to complement one another, so that
any Work called for in one and not mentioned in another is to be performed as if
mentioned in all documents.
In the event of an inconsistency in the Contract Documents, the terms of this
Agreement shall prevail over all other Contract Documents. The order of precedence
between the remaining Contract Documents shall be as set forth in The Greenbook.
The Contract Documents constitute the entire agreement between the parties and
supersede any and all other writings and oral negotiations.
3. CITY’S REPRESENTATIVE.
The CITY’s Representative is Robert Ryan, referred to herein as the Project
Manager (“Project Manager”).
4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by
City. Such approval shall be at CITY’s sole discretion.
(b) Personnel. CITY has the right to review and approve any personnel who
are assigned to perform work under this Agreement. CONTRACTOR shall remove
personnel from performing work under this Agreement if requested to do so by CITY.
This Paragraph 4 is a material provision of the Agreement.
5. SCHEDULE.
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All Work shall be performed in accordance with the schedule approved on behalf
of CITY by the Project Manager, and in accordance with the time of performance set forth
in Paragraph 11 (Time of Performance).
6. EQUIPMENT - PERFORMANCE OF WORK.
CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and
materials necessary to perform and complete the Work in a good and workmanlike
manner in strict conformity with the Contract Documents.
The equipment, apparatus, facilities, labor and material shall be furnished and
such Work performed and completed as required in the plans and specifications to the
satisfaction of the Project Manager or his or her designee, and subject to his or her
approval.
7. COMPENSATION.
CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in
CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Four
Hundred Sixty-Nine Thousand Four Hundred Seventy-Seven Dollars and Fifty Cents
($469,477.50).
8. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided outside
the scope of the Contract Documents unless such additional services, including change
orders, are approved in writing by CITY prior to CONTRACTOR performing the additional
services.
It is specifically understood that oral requests or approvals of such additional
services, change orders or additional compensation and any approvals from CITY shall
be barred and are unenforceable.
9. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance of
the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to
determine the quantity of pay items incorporated into the improvement during that month.
A “Progress Payment Order” will then be jointly prepared, approved, and signed by the
Project Manager and the CONTRACTOR setting forth the amount to be paid and
providing for a five percent (5%) retention. Upon approval of the progress payment order
by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance
Department and processed for payment by obtaining approval from the City Council to
issue a warrant.
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Within three (3) days following City Council’s approval to issue a warrant, CITY
shall mail to CONTRACTOR a warrant for the amount specified in the progress payment
order as the amount to be paid. The retained five percent (5%) shall be paid to
CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the
Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has
furnished releases of all claims against CITY by persons who furnished labor or materials
for the Work, if required by CITY.
Upon the request of CONTRACTOR and at its expense, securities equivalent to
the amount withheld pursuant to the foregoing provisions may be presented to CITY for
substitution for the retained funds. If CITY approves the form and amount of the offered
securities it will release the retained funds and will hold the securities in lieu thereof.
CONTRACTOR shall be entitled to any interest earned on the securities.
In the event that claims for property damage or bodily injury are presented to CITY
arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY
shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35)
days from the mailing of any such notice to evaluate the claim and to settle it by whole or
partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY
does not receive notice within the above-mentioned 35-day period that the claim has been
settled, and if the Project Manager, after consultation with the City Attorney, determines
that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an
appropriate release from the claimant, and may deduct the amount of the payment from
the retained funds that would otherwise be paid to CONTRACTOR upon completion of
the Work; provided, however, that the maximum amount paid for any one claim pursuant
to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount
for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand
Dollars ($5,000.00).
10. PROMPT PAYMENT OF SUBCONTRACTORS.
CONTRACTOR agrees to pay each subcontractor under this Agreement for
satisfactory performance of its contract no later than seven (7) days from the receipt of
each payment the CONTRACTOR receives from CITY.
CONTRACTOR agrees further to release retainage payments to each
subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily
completed.
Any delay or postponement of payment from the above referenced time frame may
occur only for good cause following written approval of the CITY.
11. TIME OF PERFORMANCE.
CONTRACTOR shall commence Work by the date specified in CITY’s Notice to
Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be
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completed within forty (40) working days from the first day of commencement of the Work.
12. TERMINATION.
(a) Termination for Convenience. CITY may terminate this Agreement at any
time, with or without cause, by providing thirty (30) days’ written notice to
CONTRACTOR.
(b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable
part of it with such diligence as will ensure its timely completion, or if
CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or
any subcontractor, violates any of the provisions of the Contract
Documents, the Project Manager may give written notice to CONTRACTOR
and CONTRACTOR’s sureties of the CITY’s intention to terminate this
Agreement; and, unless within five (5) days after the serving of that notice,
such conduct shall cease and arrangements for the correction thereof be
made to the satisfaction of the CITY, this Agreement may be terminated at
the option of CITY effective upon CONTRACTOR’s receipt of a second
notice sent by the CITY indicating that the CITY has exercised its option to
terminate.
(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the
Federal Bankruptcy Code or State insolvency laws, this Agreement shall
automatically terminate without any further action or notice by CITY.
(iii) If CONTRACTOR is in breach of any material provision of this Agreement,
CITY may immediately terminate this Agreement by providing written notice
to CONTRACTOR of same.
13. LIQUIDATED DAMAGES.
In the event the Work is not completed, for any reason, within the time required
including any approved extensions of time, and to the satisfaction of the Project Manager,
CITY may, in addition to any other remedies, equitable and legal, including remedies
authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR
or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to
One Thousand Five Hundred Dollars ($1,500.00) as liquidated damages for each
calendar day beyond the date provided for the completion of such work.
The parties hereto agree that the amount set forth above, as liquidated damages
constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day
that the CONTRACTOR fails to meet the performance schedule. The parties hereby
agree and acknowledge that the delays in the performance schedule will cause CITY to
incur costs and expenses not contemplated by this Agreement.
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14. PERFORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may
provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12
(Termination), of this Agreement. CITY shall immediately give written notice of such intent
to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties
shall have the right to take over and perform this Agreement; provided, however, that the
sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the
CITY written notice of their intention to take over the performance of this Agreement; (b)
provide adequate assurances, to the satisfaction of the CITY, that the Work shall be
performed diligently and in a timely manner; and (c) must commence performance thereof
within five (5) days after providing notice to the CITY of their intention to take over the
Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY
may take over the Work and complete it, at the expense of CONTRACTOR, and the
CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages
including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In
such event, CITY may, without liability for so doing, take possession of such materials,
equipment, tools, appliances, Contract Documents and other property belonging to
CONTRACTOR as may be on the site of the Work and reasonably necessary therefor
and may use them to complete the Work.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the Work done, or of any Work omitted, or of any extra Work
which CONTRACTOR may be required to do, or respecting any payment to
CONTRACTOR during the performance of this Agreement, such dispute shall be decided
by the Project Manager, and his or her decisions shall be final and binding upon
CONTRACTOR and its sureties.
16. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, CONTRACTOR shall give personal
superintendence or have a competent foreman or superintendent on the worksite, with
authority to act for CONTRACTOR.
17. INSPECTION BY CITY.
CONTRACTOR shall at all times maintain proper facilities and provide safe access
for inspection by CITY to all parts of the Work and to all shops on or off-site where the
Work or portions of the Work, are in preparation. CITY shall have the right of access to
the premises for inspection at all times. However, CITY shall, at all times, comply with
CONTRACTOR’s safety requirements on the job site.
18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
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CONTRACTOR warrants that it has examined the site of the Work and is familiar
with its topography and condition, location of property lines, easements, building lines
and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission,
and all approvals, licenses, or easements necessary for any operations conducted off the
premises owned or controlled by CITY. CONTRACTOR shall be responsible for the
proper care and protection of all materials delivered to the site or stored off-site and for
the Work performed until completion and final inspection and acceptance by CITY. The
risk, damage or destruction of materials delivered to the site or to Work performed shall
be borne by CONTRACTOR.
19. CONTRACT SECURITY AND GUARANTEE.
CONTRACTOR shall furnish, concurrently with the execution of this Agreement,
the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this Agreement, and (2) a
separate surety bond in an amount equal to at least one hundred percent (100%) of the
contract price as security for the payment of all persons furnishing labor or materials in
connection with the Work under this Agreement. Sureties for each of the bonds and the
forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized
to issue bonds in California; sureties must be listed on the latest revision to the U.S.
Department of the Treasury Circular 570; and must be shown to have sufficient bonding
capacity to provide the bonds required by the Contract Documents.
CONTRACTOR shall provide a certified copy of the certificate of authority of the
surety issued by the Insurance Commissioner; a certificate from the clerk of the county in
which the court or officer is located that the certificate of authority of the surety has not
been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has,
that renewed authority has been granted; and copies of the surety’s most recent annual
statement and quarterly statement filed with the Department of Insurance pursuant to
Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the
Insurance Code.
CONTRACTOR guarantees that all materials used in the Work and all labor
performed shall be in conformity with the Contract Documents including, but not limited
to, the standards and specifications set forth in the most current edition of The Greenbook.
CONTRACTOR shall, at its own expense, make any and all repairs and replacements
that shall become necessary as the result of any failure of the Work to conform to the
aforementioned Contract Documents, and/or standard specifications; provided, however,
that CONTRACTOR shall be obligated under this provision only to the extent of those
failures or defects of which CONTRACTOR is given notice within a period of twelve (12)
months from the date that the Notice of Completion is recorded.
The rights and remedies available to CITY pursuant to this provision shall be
cumulative with all rights and remedies available to CITY pursuant to statutory and
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common law, which rights and remedies are hereby expressly reserved, and neither the
foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance
thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY
against CONTRACTOR.
20. INDEMNIFICATION.
CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and
its elected and appointed boards, officers, agents, and employees from any and all
claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury
to or death of any person, and for injury or damage to any property, including
consequential damages of any nature resulting therefrom, arising out of or in any way
connected with the performance of 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, 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.
CONTRACTOR shall comply with all of the provisions of the Workers’
Compensation insurance laws and Safety in Employment laws of the State of California,
including the applicable provisions of Divisions 4 and 5 of the California Labor Code and
all amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold
harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions,
proceedings and judgments, of every nature and description, including attorney fees, that
may be presented, brought or recovered against CITY for or on account of any liability
under or failure to comply with any of said laws which may be incurred by reason of any
Work performed under this Agreement by CONTRACTOR or any subcontractor or others
performing on behalf of CONTRACTOR.
CITY does not, and shall not, waive any rights against CONTRACTOR which it
may have by reason of the above hold harmless agreements, because of the acceptance
by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies
described in Paragraph 21 (Insurance) of this Agreement.
The hold harmless agreements by CONTRACTOR shall apply to all liabilities,
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expenses, claims, and damages of every kind (including but not limited to attorneys’ fees)
incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR
or any subcontractor or others performing on behalf of CONTRACTOR, whether or not
such insurance policies are applicable. CONTRACTOR shall require any and all tiers of
subcontractors to afford the same degree of indemnification to the CITY OF COSTA
MESA and its elected and appointed boards, officers, agents, and employees that is
required of CONTRACTOR and shall incorporate identical indemnity provisions in all
contracts between CONTRACTOR and all tiers of its subcontractors.
In the event that CONTRACTOR and CITY are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or
by a dangerous condition of CITY’s property created by CONTRACTOR or existing while
the property was under the control of CONTRACTOR, CONTRACTOR shall not be
relieved of its indemnity obligation to CITY by any settlement with any such third party
unless that settlement includes a full release and dismissal of all claims by the third party
against the CITY.
21. INSURANCE.
(a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not
commence work under this Agreement until it has obtained all insurance required under
this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier,
nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar
insurance required of the subcontractor has been obtained and approved.
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:
(i) 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.
(ii) 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.
(iii) Workers’ compensation insurance as required by the State of California,
with Statutory Limits, and Employer’s Liability insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
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or disease. 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.
(iv) Umbrella or excess liability insurance that will provide bodily injury, personal
injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability,
automobile liability, and employer’s liability. Such policy or policies shall
include the following terms and conditions:
(1) A drop down feature requiring the policy to respond in the event that
any primary insurance that would otherwise have applied proves to
be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
(4) Policies shall “follow form” to underlying primary policies; and
(5) Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
(b) Endorsements. The commercial general liability insurance policy and
business automobile liability policy shall contain or be endorsed to contain the following
provisions:
(i) 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 the CONTRACTOR pursuant to its contract with the City; products
and completed operations of the CONTRACTOR; premises owned,
occupied or used by the CONTRACTOR; automobiles owned, leased,
hired, or borrowed by the CONTRACTOR.”
(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the
coverage reduced, until thirty (30) days after written notice is given to CITY.”
(iii) 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.”
(c) Reporting Provisions. Any failure of CONTRACTOR 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.
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(d) Insurance Applies Separately. 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.
(e) 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.
(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR
shall furnish CITY, through the Project Manager, proof of compliance with the above
insurance requirements in a form satisfactory to City’s Risk Management.
(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in
any way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
22. 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 “public works” project and requires compliance with the Prevailing Wage
Laws. CONTRACTOR shall defend, indemnify and hold the CITY, 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, 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
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one week, must include 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. CONTRACTOR shall
also furnish each week to CITY’s Project Administration Division a statement with respect
to the wages of each of its employees during the preceding weekly payroll period.
(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.
23. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall, at its own cost and expense, comply with all applicable local,
state, and federal laws, regulations, and requirements in the performance of this
Agreement, including but not limited to laws regarding health and safety, labor and
employment, and wage and hours.
24. DRUG-FREE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall establish
a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in
the workplace, the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace, and the employee assistance programs available
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to employees. Each employee engaged in the performance of a CITY contract must be
notified of this Drug-Free Awareness Program, and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5,
attached hereto. Failure to establish a program, notify employees, or inform the CITY of
a drug-related workplace conviction will constitute a material breach of contract and cause
for immediate termination of the contract by the CITY.
25. NON–DISCRIMINATION.
In performing this Agreement, CONTRACTOR will not engage in, nor permit its
agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, physical handicap, medical condition, marital
status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Section 1735 of the California Labor Code.
26. PROVISIONS CUMULATIVE.
The provisions of this Agreement are cumulative and in addition to, and not in
limitation of, any other rights or remedies available to CITY.
27. NOTICES.
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of
subcontractors and material men of the following special notice provision; namely, all
preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to
no other department, and shall be either personally delivered or sent by certified mail,
postage prepaid.
All other notices shall be in writing and delivered in person or sent by certified mail,
postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall
be addressed as follows:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Robert Ryan
Notices required to be given to CONTRACTOR shall be addressed as follows:
Scapepros Landscaping Corporation
1100 E. Orangethorpe Avenue, Suite 252-F
Anaheim, CA 92801
Tel: (714) 512-5985
Attn: Cesar Cedillo
Project and Specification No. IFB No. 26-18
14
Notices required to be given to CONTRACTOR’s sureties shall be addressed as
follows:
28. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between CITY and
CONTRACTOR is one of principal and independent contractor and no other. All personnel
to be utilized by CONTRACTOR in the performance of this Agreement shall be employees
of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries
and wages, employer’s social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
Nothing contained in this Agreement shall create or be construed as creating a
partnership, joint venture, employment relations, or any other relationship except as set
forth between the parties. The parties specifically acknowledge and agree that
CONTRACTOR is not a partner with CITY, whether general or limited, and no activities
of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be
interpreted by any of the parties hereto as establishing any type of business relationship
other than an independent contractor relationship.
29. 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
subcontractors 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.
30. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any of the other provisions of this Agreement.
31. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws
Project and Specification No. IFB No. 26-18
15
of the State of California. Any legal action relating to or arising out of this Agreement shall
be subject to the jurisdiction of the County of Orange, California.
32. NO THIRD PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the 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.
33. ASSIGNABILITY.
This Agreement may not be transferred or assigned by either party, or by operation
of law, to any other person or persons or business entity, without the other party’s written
permission. Any such transfer or assignment, or attempted transfer or assignment,
without written permission, may be deemed by the other party to constitute a voluntary
termination of this Agreement and this Agreement shall thereafter be deemed terminated
and void.
34. WAIVER.
No waiver of any provision of 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 referring expressly to this Paragraph. 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.
35. HEADINGS.
Section and subsection headings are not to be considered part of this Agreement,
are included solely for convenience, and are not intended to modify or explain or to be a
full or accurate description of the content thereof.
36. 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.
37. COUNTERPARTS.
Project and Specification No. IFB No. 26-18
16
This Agreement may be executed in one or more counterparts by the parties
hereto. All counterparts shall be construed together and shall constitute one Agreement.
38. 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.]
Project and Specification No. IFB No. 26-18
17
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.
CITY OF COSTA MESA
A municipal corporation
__________________________________ Date: _____________________
Cecilia Gallardo-Daly
City Manager
CONTRACTOR
__________________________________ Date: _____________________
Signature
__________________________________
[Name and Title]
ATTEST:
__________________________________ Date: _____________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: _____________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: _____________________
Ruth Wang
Risk Management
APPROVED AS TO PURCHASING:
Project and Specification No. IFB No. 26-18
18
__________________________________ Date: _____________________
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: _____________________
Raja Sethuraman
Public Works Director
__________________________________ Date: _____________________
Robert Ryan
Project Manager
EXHIBIT A
CONTRACTOR’S BID
INVITATION FOR BID
FOR
IFB26-18.C05843
JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION
The City of Costa Mesa (hereinafter referred to as the "City") is requesting bids from a
qualified public entity or private firm to establish an agreement for the Jack Hammett
Sports Complex Soccer Field Renovations of fields I & II. Prior to submitting a bid,
Bidders are advised to carefully read the instructions below, including the sample
maintenance agreement and any solicitation appendix/exhibits. The City reserves the
right to award one or more contracts for this purchase.
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 approximately over $186.8
million and a total budget of $224 million for fiscal year 2025-2026.
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 Beach,
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; street 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 Costa 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.
The successful Bidder shall have experience in similar types of services. All Bidders
responding to this Invitation for Bid (IFB) will be reviewed based on their expertise, prior
experience on similar projects, demonstrated competence, ability to meet the requested
services, adequate staffing, understanding of services, cost and responsiveness to the
needs and concerns of the City of Costa Mesa.
1. Important Notice: The City has attempted to provide all information available. It is
the responsibility of each Bidder to review, evaluate, and, where necessary, request
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IFB26-18.C05843
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 Planet-Bids.
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 Bidder to periodically check Planet-Bids website to ensure that it has received
and reviewed any and all addenda to this solicitation. The City will not be
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. Bidder's Minimum Requirements: Interested and qualified Bidders that can
demonstrate their ability to successfully provide the required services outlined in the
Scope of Work, Appendix A, of this IFB are invited to submit a bid, provided they
meet the following requirements. All requirements must be met at the time of the bid
due date. If these requirements are not met, the bid may not receive further
consideration, as determined in the sole discretion of the City.
• Bidder must have a Project Manager/Supervisor assigned to the Contract with
five (5) years of experience, within the last 8 years, completing projects
equivalent or similar to the services identified in the Scope of Work,
Appendix A.
• Bidder will be required to abide by the prevailing wage laws as required by
state law, Appendix C.
• Bidder must be registered with the Department of Industrial Relations for the
electronic submission of their certified payroll for prevailing wage. Submit a
copy of the registered DI R number and expiration date.
• Bidder must possess a Class "A", "B", "C-12" or "C-27" contractor's license.
Submit a copy of the license with your proposal.
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IFB26-18.C05843
4. Schedule of Events: The invitation for bid will be governed by the following
schedule:
Release of IFB April 15, 2026
Deadline for Written Questions April 21, 2026, at 11 :00 a.m.
Responses to Questions Posted April 23, 2026
Bids Due April 30, 2026, at 2:00 p.m.
**All dates are subject to change at the discretion of the City.
II. GENERAL INSTRUCTIONS AND PROVISIONS
1. Before submitting a bid, Bidders shall carefully examine the solicitation contents,
including the sample maintenance services agreement, conditions and Scope of
Work, Appendix A. Bidders shall include in their bid response a monetary sum to
cover the cost 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 8:
• Bid prices shall be firm for the full term of the contract. The bid price(s)
shall include all fees, including, shipping, freight, transportation, travel and
any other fees. No additional compensation will be allowed.
• 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
Bid Sheet, Appendix B; bids for other than the items and/or services
listed will not be considered.
4
•
• The City will only consider firm price bids.
IFB26-18.C05843
• 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;
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IFB26-18.C05843
• Negotiating with the City any matter related to the bid; and,
• 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 April
30, 2026. 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 Planet-Bids
no later than April 21, 2026, at 11 :00 A.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 Planet-Bids 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, it 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 Act, and other applicable
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IF B26-18. C05843
evaluation panel, except for 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 meet ing.
A "Bidder" or "Bidder's representative" includes all 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 E) 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
87 100 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 Government
Positions Form." Appendix E
18.Sample Maintenance Services Agreement: The firm selected by the City will be
req uired to execute a Maintenance Service Agreement with the City. A sample of
the Agreement is enclosed as Appendix D 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 (1 0) days of City notification, unless otherwise
specified in the solicitation:
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IFB26-18.C05843
• 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 cal endar 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 Number &
Certification) which includes Contractor's legal business name(s).
20. Disqu alification 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 ever been disqualified, removed, or otherwise prevented from prop osing 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 violat ion of law or a safety regulation.
See Appendix E.
21. Standard Te rms and Conditions: The City reserves the right to amend or
supplement this IFB prior to the Bid due date. All addendum(s) and additional
information will be posted on the plantebids.com website. Proposers should check
this web page daily for new information.
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APPENDIX A
SCOPE OF WORK
FOR
IFB26 18.C05843
JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION-F IELDS
The City of Costa Mesa is requesting proposals for the Jack Hammett Sports Complex
Soccer Field Renovation of fields I and II. The work includes: sod cut and remove the
entire soccer field from Fields I and II (See Exhibit 1 ), survey the fields using a laser to
verify field elevations ensuring surface drainage, import compatible topsoil/sand as
necessary to bring the field to grade (imported soil to be compacted and laser leveled,
install new TifTuf hybrid Bermuda sod, foll the fields , and apply starter fertilizer to
expedite sod establishment.
The general project scope of work includes :
Bid Item 1: Mobilization
Work specified under this item consists of preparatory work and operations at the start
of the Contract Work and removal of those items at Contract completion.
Mobilization includes but is not limited to, operations necessary for the movement of
personnel, equipment, supplies, and incidentals to the Worksite necessary for work on
the project; and for all other work and operations which must be performed or are
incidental to beginning work on the various contract items.
Mobilization or staging is available on or around the perimeter of the construction site.
Bid Item 2: Sod Cut, Remove Entire Fields #1 and #2 and Dispo sal.
This Bid Item shall include, but not limited to material, equipment and labor necessary to
sod cut and remove the entire soccer fields #1 and #2 and the removal and disposal of
all material from the site. All irrigation components are to be protected in place.
Bid Item 3: Field Survey (LS)
This Bid Item shall include, but not limited to material, equipment , and labor necessary
to survey the fields using laser to verify field elevations and ensure surface drainage.
Bid Item 4: Topsoil Placement and Grading
This Bid Item shall also include, but not limited to material, equipment, and labor
necessary to import and grade compatible topsoil/ sand as necessary to bring the field
11
IFB26-1 8.C05843
to grade. The soil import must be incorporated, compacted and laser leveled to
minimize crown and ensure proper drainage.
Bid Item 5: TifTuf Sod and Installation
This Bid Item shall also include, but not limited to material, equipment, and labor
necessary to provide new TifTuf Hybrid Bermuda Sod (large roll) and installation
thereof.
Bid Item 6: Sod Esta blishment
The work included in this item shall consist of all the work necessary including, but not
limited to material, equipment, and labor necessary to roll the field & apply a starter
fert ilizer to expedite sod establishment. The Contractor shall work with City staff to
provide irrigation schedule for the establishment period.
**CONTRACTOR TO VERIFY ALL DIMENSIONS AND MEASURMENTS**
ADDITIONAL REQUIREMENTS
• The Contractor shall have the ability to modify or curtail certa in tasks and
operations at the request of the City's representative.
• 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.
• 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 follow ing:
o Modifi cation or repair
o Construction
o Storm related operations
CONTRACTOR REQUIREMENTS
• Contractor shall meet all spec ifications and requirements contained herein. No
substitutions will be accepted without prior City written approval.
• All tools and materials shall always remain in Contractor's possessi on.
• All Contractor vehi cles parked on site shall always be secure.
• Contractor shall ensure all precautions for safety are taken.
• Contractor shall obtain a City Building permit if required.
• Contractor shall possess a City Business License.
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IFB26-18.C05843
APPENDIX B
BID SHEET
Soccer Field Renova tion -Item Description Est. Qty Unit Price Cost
Bid Item 1 -Mobil ization 1 $1 9,900.00 $19,900.00
Bid Item 2 -Sod Cut Remove Entire Fields #1 188,250 sq. $0.34 $ 64,005 .00 and #2 �-Bid Item 3 -Field Survey 1 $1 1,9 25.00 $ $1 1,925.00
Bid Item 4 -Topsoil Pla cement and Leveling 3,000 CUYD $56.75 $170,250.00
Ir ac,tim<:>ta Bid Item 5 -Provide and Install New TifTu
Hybrid Bermuda Sod (Large Roll)) $1 .03 $ 193,897.50
188,250 sq.
ft.
Bid Item 6 -Sod Establ ishment 1 $9,500.00 $ 9,500.00
Total Bid Amount I $ 469,47 7.50
TO THE CITY OF COSTA MESA:
The Undersigned hereby offers and shall furnish the material, labor, spec ial equipment
and permits or service in compliance with all terms, scope of work, cond itions,
spec ifications, and amendments in the Invitation for Bid which is incorporated by
reference as if fully set forth here in. All mater ial is guaranteed to be as spec ified, all
work to be completed in a workmanlike ma nner 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 certif icate is approved by Risk
Management.
For clarifi cati on of this offer, co ntact:
SCAPEPROS LA NDSCAP ING
Co mpany Name 1100 E. Orangethorpe Ave Suite #252-F
Address Anaheim, Ca. 9280 1
City _ � Zip
s· tf0((S� d t ff::------... 1gna ure o ers on u onze o 1gn
t1,Q \ %-4..o � �� k, Printed Name
14
Name: Rolando Cedillo
Title : Secretary
Phone: 71 4-51 2-5985
E-mail info @scapepros.org
.
APPEN DIX C
PREVAILING WAGE
IFB26-1 8.C05843
• This Contract calls for work to be performed constituting public works. Contractor
and all subcontractors shall pay the general prevailing rate of per diem wages as
determined and as published by the State Director of the Department of Industrial
Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State
Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and
1774.
• This is a public work and requires the payment of prevailing wages for the work
or craft in which the worker is employed for any public work done under the
contract by Contractor or by any subcontractor pursuant to Section 1771 of the
Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the
State of California, the City has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this contract from the
Director of the Department of Industrial Relations. These rates are on file with
the City or may be obtained at
http://www.dir.ca .gov /OPRL/DPreWage Determination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. Contractor shall comply with the
provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to
the City, as a penalty, not more than $200.00 for each calendar day, or portion
thereof, for each laborer, worker , or mechanic employed, paid less than the
stipulated prevailing rates for any work done under this Contract, by him or by
any subcontractor under him, in violation of the provisions of this Agreement.
• Contractors and subcontractors who are ineligible to bid for work on, or be
awarded, a public works project pursuant to Labor Code Sections 1777.1 and
1777.7 are prohibited from bidding on, being awarded, or performing work as a
subcontractor, on this Project pursuant to Public Contract Code Section 61 09.
• Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776,
1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the
provisions in these Sections. The statutory provisions for penalt ies for failure to
comply with the State's wage and hours laws will be enforced. Pursuant to
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IFB26-1 8.C05843
Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as
a penalty to the City forfeit the prescribed amounts per calendar day , or portion
thereof, for each worker paid less than the prevailing wage rates.
• Pursuant to Labor Code Section 17 71.4 , the Project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations.
• Each Contractor and subcontractor shall furnish the records specified in Labor
Code Section 1776 directly to the State Labor Commissioner at least monthly in
the format prescribed by the State Labor Commissioner.
• Sections 1774 and 1775 require the Contractor and all subcontractors to pay not
less than the prevailing wage rates to all workmen employed in the execution of
the Contract and specify forfeitures and penalties for failure to do so. The
minimum wages to be paid are those determined by the State Director of the
Department of Industrial Relations. Section 1776 requires the Contractor and all
subcontractors to keep accurate pay roll records , specifies the contents thereof,
their inspection and duplication procedures and certain notices required of the
Contractor pertaining to their location.
• Section 1777 .5 of the Labor Code requires Contractor or subcontractor
employing workers in any apprentice able occupation to apply to the Joint
Apprenticeship Committee nearest the site of the public works project, which
administers the apprenticeship program in that trade for a certificate of approval.
The certificate will also fix the ratio of apprentices to journeymen to be used in
the performance of the Contract. The Contractor is req uired to make
contributions to funds established for the administration of apprenticeship
programs if he employs registered apprentices or journeymen in any apprentice
able trade and if other contractors on the public works site are making such
contributions. Information relative to apprenticeship standards, contributions,
wage schedules and other requirements may be obtained from the State Director
of Industrial Relations or from the Division of Apprenticeship Standards. Section
1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept
otherwise qualified employees as registered apprentices solely on the grounds of
race, religious creed, color, national origin, ancestry, sex, or age.
16
I
J I
IFB26-18.C05843
EX PARTE COMMUN ICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certif y that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning IFB No. 26-1 8 JACK HAMMETT SPORTS COMPLEX SOCCER
FIELD RENOVATION at any time after April 15, 2026.
S _µt d%: ,naure -------Date: 4 /30/2026
Rolando Cedillo
Print
OR
I certify that Proposer or Proposer's representatives have communicated after April 15, 2026, with
a City Councilmember concerning IFB No. 26-1 8 JACK HAMMETT SPORTS COMPLEX
SOCCER FIELD RENOVATION. A copy of all such communications is attached to this form for
public distribution.
Date : ----------Signature
Print
Page 35 of 40
IFB26-18.C05843 DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following quest ionnaire:
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, expla in the circumstances in the follow ing space.
Page 36 of 40
e?J-eo ej or.//,
IFB26-I 8.C05843
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."
NONE
Page 37 of 40
' I I I I
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IFB26-18.C05843
COMPANY PROFILE & REFERENCES (Continued)
Submit the com pany names, addresses, te lephone numbers, email, contact names, and brief contract
descriptions of at least th ree clients, prefera bly oth er municipalities for whom comparable projects have
been com pleted or submit letters from your references wh ich include the req uested info rmation .
Com pany Name: Anaheim Elementary School District
Contact Name: Victor Perez
Co ntract Amount: $302 ,000.00
Email: vperezjr@aesd.org
Address : 141 1 S. Anaheim Blvd Anaheim, Ca.
Brief Contract Description : Landscape & lrrigation 120 ,000 Sqft. Sunkist ES Field Renovation Bseball/Soccer fields
Com pany Name: City Of Whittier
Telephone Number: 562-822-8103
Contact Name: To mmy Herrera
Co ntract Amount: $340,000.00
Emai l : therrera@cityofwhittier.org
Address : 13230 Penn. St. Whittier Ca.
Brief Contract Description : Landscape & Irrigation Kennedy & Guiardo Park Renovations 100,000 sqft
Com pany Name: Newport Mesa Unified School District
Telephone Number: 949-6 14-9076
Contact Name: Joe Tohme
Contract Amount: $1 96,000 .00
Email: joe.tohme@safeworkinc.com
Address: 2985 Bear St. Costa Mesa, Ca
Brief Contract Description: Costa Mesa High School Varsity Baseball & Softball Turf Field Renovations 120,000 sqft.
Com pany Name: Newport Mesa Unified School District
Telephone Number: 7 14-67 9-8292
Contact Name: JoeTohme
Contract Amount: $1 25,000.00
E mail: rsch mitz@nmusd.us
Address: 2985 Bear St. Costa mesa, Ca.
Brief Co ntract Descripti on: Whittier ES Soccer Field Turf Renovation 80,000 sqft.
Com pany Name: Orange Unified School District
Te lephone Number: 71 4-269-5970
Contact Name: Oscar Frias
Contract Amount: $74,000.00
E mail: ofri as@orangeusd .org
Address: 1401 north Handy St. Orange Ca.
Brief Contract Description : Landscape & Irrigation Canyon High School Irrigation Design Install and full turf renovation
Outdoor area
Page 39 of 40
EXHIBIT B
BID PACKAGE
IFB26-18.C05843
Page 32 of 40
APPENDIX E
FORMS
Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution