IFB_No._127025.pdf

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Attached to
SD25-00029 Ocular Prosthesis Services and Devices
Solicitation number
SD25-00029
Issued by
California

About this file

This Invitation for Bid (IFB) No. 127025 is issued by the California Employment Development Department (EDD) for monthly landscaping maintenance and "as-needed" repair services at the EDD facility located at 1550 West Main Street, El Centro, CA 92243. The scope of work includes lawn mowing and edging, plant cultivation and fertilization, irrigation system maintenance and adjustment, weeding and pest control, tree pruning up to 20 feet, seasonal maintenance tasks, and repair services normally not exceeding two workdays per task. Interested bidders may arrange site inspections by contacting Carrie Chung at (562) 760-0932 between 8 a.m. and 5 p.m., Monday through Friday. The deadline for submitting questions is March 26, 2026 by 3:00 p.m. (PT), with responses provided by April 1, 2026. Bids must be received and time-stamped no later than April 8, 2026 at 3:00 p.m. (PT) at the EDD's Contract Services Group office in Sacramento or via email to Clayton.Wolery@edd.ca.gov. The public bid opening is scheduled for April 9, 2026 at 9:00 a.m. at 1416 9th Street, Sacramento, CA 95814. The contract term runs from July 1, 2026 through June 30, 2029 (three years), with award anticipated the week of April 13, 2026.

Pricing shall consist of a fixed monthly landscaping maintenance cost billed monthly plus an hourly rate for "as-needed" repair calls, with the total contract amount not to exceed a figure to be determined by bid submissions. Material costs may reflect up to a 10 percent contractor markup, with invoices requiring attached receipts for reimbursement. The contractor will receive a minimum of one hour payment per repair visit. Award will be made to the lowest responsible bidder meeting specifications. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran Service Agency (SB/NVSA) certified firms may claim a five percent preference on the lowest responsible bid. The contractor must possess a valid California C-27 State Contractor's License and either a Maintenance Gardener Pest Control Business License or Agricultural Pest Control Business License if any spraying for weeds or pests is performed. Required insurance includes general liability ($1,000,000 per occurrence), workers' compensation ($1,000,000), and automobile liability ($1,000,000 per accident). No subcontracting is permitted. Submission requirements include completion of a Cost Proposal, Bidder Declaration, Contractor Certification Clauses, Debarment Certification, Darfur Contracting Act Certification, STD 204 Payee Data Record, Secretary of State Certification of Status (for corporations, LLCs, and limited partnerships), and proof of valid licenses.

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March 19, 2026

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 127025

Monthly Landscaping Maintenance and "As Needed" Repair Services for the EDD facility located at 1550 West Main Street, El Centro, CA 92243

Term: July 1, 2026 through June 30, 2029

The Employment Development Department (EDD) invites you to submit your bid for the above service in accordance with the attached Specifications.

Inspection of Premises

You may arrange to inspect the site by calling Carrie Chung at (562) 760-0932 between 8 a.m. and 5 p.m., Monday through Friday. It is recommended that you inspect the site. If you submit a quote, it shall be presumed that you have carefully and thoroughly inspected the site and are satisfied as to the conditions to be encountered.

If you wish to bid, see the Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids.

Bids must be received and date stamped in the Contracts Services Group no later than

Wednesday. April 8, 2026 by 3:00 p.m. (PT)

If you have any questions, please do not hesitate to contact me.

/s/CLAYTON WOLERY Associate Contract Analyst

Enclosures

Cc: Carrie Chung

Employment Development Department 1416 9th Street, MIC 62-C

P.O. Box 826880 Sacramento, CA 94280-0001

Bid Due Date: April 8, 2026

Time: 3:00 p.m. (PT)

Exhibits Pages

Instructions to Bidders

A Scope of Work

Exhibit A-1, Specifications

Exhibit A-2, State of California Holiday Schedule………………

B Budget Detail and Payment Provisions……………………………………….. 2

C *General Provisions – 02/2025

D Special Terms and Conditions

E Sample Standard Agreement, STD 213

Attachments

1 Cost Proposal

2 Bidder Declaration

3 Contractor Contractor Clauses (CCC 04/2017)………………………………. 4

4 Certification Regarding Debarment……………………………………………. 2

5 Darfur Contracting Act Certification

6 Payee Data Record, STD 204…………………………………………………… 2

7 Payee Data Record Supplement, STD 205……………………………………. 2

*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Invitation for Bid No. 127025

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 127025

1. Submission of Bids

a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete and return the IFB Requirements Checklist, found on page 9, and all supporting documents listed. If mailed, the exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT OPEN IN MAIL ROOM, IFB NO. 127025.”

c. All submitted documents must be signed by an authorized representative of the bidder’s firm.

The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PT) on the bid closing date of April 8, 2026. Signed copies of the sealed bid package are to be emailed, mailed or delivered to:

Regular, Overnight and/or Express Delivery:

Employment Development Department Mail Services 1416 9th Street, MIC 62-C Sacramento, CA 95814 Attn: Clayton Wolery, MIC 62-C

Email Delivery:

Clayton.Wolery@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of April 8, 2026, will be considered "late", disqualified and will be returned to sender.

Public Bid Opening

The public bid opening is scheduled for April 9, 2026 promptly at 9:00 a.m. The event will be held at the following address:

1416 9th Street Sacramento, CA 95814

Upon arrival, all attendees are required to check-in with security and sign-in on the bid opening record. All attendees will be escorted to the appropriate location.

IFB No. 127025

During the bid opening, each submission will be opened, read aloud, documented, and examined for preferences and incentives. To ensure efficiency, all questions and answers will be kept to a minimum.

2. Key Action Dates

Action Date Release IFB March 19, 2026 Deadline to Submit Questions March 26, 2026 by 3:00 PM (PT) Response to Questions April 1, 2026 by 5:00 PM (PT) Bids Due April 8, 2026 by 3:00 PM (PT) Intent to Award Week of April 13, 2026 Contract Commencement July 1, 2026, or upon final approval

3. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Apply-for-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

4. Replacement of Disabled Veteran Business Enterprise Subcontractors

If for this Agreement, the Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then the Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).

The Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services

(DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of the Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State and penalties as outlined in Military and Veterans Code section 999.9, Public Contract Code (P.C.C.) section 10115.10 or P.C.C. § 4110 (applies to public works only).

5. Award of the Agreement

a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran

Service Agency (SB/NVSA) Certification Preferences

A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this Contract.

(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this

Contract. The preference is equal to five percent (5%) of the lowest responsible bid.

When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

6. Rejection of Bids

a. If the bid is received after 3:00 p.m. (PT) on the due date of April 8, 2026 as stipulated in the bid package, the bid shall be rejected and returned to sender.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.

7. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present. Location and time will be announced to all bidders.

8. Subcontractors

No subcontracting will be allowed to for this solicitation and future contract award.

9. Disposition of Bids

All material submitted in response to this bid package will become the property of the EDD and will become a public record after Award.

10. Grounds For Protest

a. Those who may protest are as follows:

• For IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).

b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.

11. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

• The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.

• The protestant was not the lowest responsible bidder or the highest-scored proposer.

• The protestant was not a bidder or proposer, and seeks to contest the award. The only recourse in this case is through the civil courts.

• The protest was not submitted in a timely manner.

• The grounds for the protest do not meet the permissible grounds stated in the P.C.C.

12. Notification of the Right to Protest

Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

Employment Development Department Contract Services Group 1416 9th Street, MIC 62-C

Sacramento, CA 95814 Email: BOPSDContractsExternal@edd.ca.gov

13. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Provisions – 02/2025 available for viewing at: GTC 02/2025

b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

• Is responsible for the execution of a distinct element of the work of the Contract.

• Carries out its obligation by actually performing, managing, or supervising the work involved.

• Performs work that is normal for this business services and functions.

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

c. Payee Data Record, STD. 204

Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to the EDD before processing payment for services. Upon completion of the work in a manner satisfactory to the EDD, the EDD agrees to make payments in accordance with the contract provisions.

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.

Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

California Secretary of State

Division of Corporate Filing and Services 1500 Eleventh Street, Third Floor

Sacramento, CA 95814-5701 Certification Unit: (916) 657-5251

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation Code. Reference also to P.C.C. § 10295.4.

Bidder certifies that it is not included on the California Department of Tax and Fee Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise Tax Board list at: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html

g. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.

h. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 Disabled Veteran Business Enterprise Declaration).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

i. Insurance Requirement

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

j. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.

k. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

l. Automobile Liability Insurance, if applicable - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this Contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

m. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to the EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.

n. Iran Contracting Act Certification, if applicable

Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.

Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with Public Entities in California per the Act found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/List-of-Ineligible-Businesses

o. California Public Records Act (PRA)

Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the Public Records Act, pursuant to Government Code section 6250, et seq.

p. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, the Contractor represents that it is not a target of Economic Sanctions. Should the state determine the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to Contract execution, or, if determined after Contract execution, shall be grounds for termination by the EDD.

q. Generative Artificial Intelligence (GenAI) Technology

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code section 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

IFB REQUIREMENTS CHECKLIST

Please complete the checklist below to confirm that all items are contained with the Bid. Place a check mark () next to each item being submitted. For the Bid to be responsive, the checklist and all required documents must be submitted from the list below. Offers must be submitted electronically via email or delivered by mail prior to the closing of the solicitation.

The Bid must contain: Each required supporting document and a completed Requirements Checklist sheet.

The need to verify that all required documentation is submitted with the Bid cannot be overemphasized as failure to submit all completed documents referenced on this checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION REQUIRED

Attachment 1 Cost Proposal YES Attachment 2 Bidders Declaration

(Must complete all relevant sections to the prime and subcontractors including page numbers, located in the bottom right-hand corner)

YES

Attachment 3 Contractor Certification Clauses 04/2017 (CCC 04/2017) YES Attachment 4 Certification Regarding Debarment YES Attachment 6 STD 204 Payee Data Records YES Copy of C-27 State Contractor’s License YES Copy of valid Maintenance Gardener Pest Control

Business License OR Agricultural Pest Control Business License

YES

The following forms are required, if applicable, at the time of submittal. Failure to submit all completed documents referenced on following checklist may cause the Bid to be rejected.

CHECK

() #REFERENCE DOCUMENT NAME / DESCRIPTION

Attachment 5 Darfur Contracting Act Certification Attachment 7 STD 205 Payee Data Record Supplement Secretary of State Certification of Status

The following document(s) are due upon award:

Copy of Vendor’s Insurance Certificates and Additional Insured Endorsement(s)

I, ______________________, hereby certify under penalty of perjury that I have carefully read, reviewed, and fully completed all documents required in connection with this Invitation for Bid. I affirm that I understand the requirements and conditions set forth in the specifications and agree to provide the requested goods and/or services at the cost specified in the cost proposal. I further certify that all bid documents, responses, and information submitted by me, or on behalf of the bidder, are complete, accurate, and provided in good faith.

(Signature of representative/date)

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into by and betw een the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose of providing Monthly Landscaping Maintenance and “As-Needed” Repair Services for the EDD facility located at 1550 West Main Street, El Centro, CA 92243.

2. The Project Representatives during the term of this Agreement will be:

State Agency Contractor

Employment Development Department Attn: Carrie Chung 15315 Texaco Avenue, MIC 336LA

TBD

Attn:

Paramount, CA 90723 Phone: (562) 760-0932 Email: Carrie.Chung@edd.ca.gov

Phone:

Email:

3. Project Representatives may be changed by written notice without an amendment to this Agreement.

4. The services shall be provided in accordance with Exhibit A-1, Specifications, and Exhibit A-2, State of California Holiday Schedule, which are incorporated as a part of this Agreement.

5. Health and Safety Requirements

The Contractor when entering the EDD facility and/or property is expected to be familiar with and abide by all statewide and locally mandated health and safety requirements. Such requirements include, but are not limited to, remaining compliant with personal protective equipment (PPE) and other safety equipment requirements provided under state and federal occupational safety and health laws.

The EDD also requires that the Contractor follow additional guidelines from the California Department of Public Health (CDPH) and public health officials, such as avoiding close contact with others and engaging in hygienic practices while working. The EDD reserves the right to require stricter requirements than are recommended by local and state public health authorities. Non-compliance by the Contractor, its employees, or any subcontractors may result in the EDD refusing entry onto, or removal from, the EDD property. A breach of these requirements grants the EDD the right to terminate this Agreement.

IFB No. 127025 mailto:Carrie.Chung@edd.ca.gov

EXHIBIT A-1

SPECIFICATIONS

EMPLOYMENT DEVELOPMENT DEPARTMENT

1550 West Main Street, El Centro, CA 92243

I. GENERAL

The Contractor shall furnish all labor, tools, equipment and materials, and pay all taxes, permits, and/or inspection fees necessary to perform the work at the EDD facility located at 1550 West Main Street, El Centro, CA 92243 in accordance with these Specifications. The Contractor shall install all materials/products per the manufacturer’s specifications and per accepted industry standards. Should there be any errors or omissions in any of the instructions, specifications, or exhibits in regards to materials and or methods recommended, it shall be the Contractor’s responsibility to notify the EDD Representative, and upon agreement, use the appropriate materials, method, or process to obtain the

INTENDED FINISHED PRODUCT.

NOTE: For purposes of this Agreement, the EDD Representative shall be considered the EDD Business Operations, Planning and Support Division, Facilities Management Specialist or Facilities Representative, located at the EDD, 15315 Texaco Avenue, Paramount, CA 90723. The EDD Representative is NOT the Manager of the EDD Field Office or one of his/her designees.

II. SCOPE OF WORK

A. The intent of this Agreement is for the Contractor to provide monthly landscaping and “as needed” repair services for the EDD facility located at the above-referenced address in accordance with these Specifications.

B. The Contractor will be expected to provide any or all of the following during the term of this Agreement:

Inspections pertaining to repair work orders.

Consultation/planning on the best method to achieve the intended result.

Weeding (which shall include keeping all unpaved surfaces of the grounds free of

Bermuda grass, weeds, and volunteers).

Fertilizing, pruning, and cultivating as necessary to keep all plants, grass and trees in a healthy, growing condition.

Keeping all planted areas neat, attractive, and free of trash and debris.

Removal of all weeds growing through cracks in sidewalks and the parking lot.

Repairs normally not exceeding two workdays per task.

Identify and report to the EDD Representative any safety hazard, faulty equipment, or other conditions encountered during the course of the work at the EDD office which the Contractor determines needing repair or replacement.

The Contractor shall comply with all state, EDD, and local office policies and procedures while on the premises.

C. All work shall be completed in compliance with any related drawings and specifications, and shall comply with all applicable building codes, regulations and ordinances. For final acceptance, all work areas shall be complete and ready for occupancy; all equipment shall be installed, connected and in operating condition, and all utility connections shall be complete and accepted by the city, county or state authority having jurisdiction.

D. During the maintenance period, should the appearance of any plant indicate weakness and probability of dying as a result of the Contractor's neglect, that plant shall be replaced immediately by the Contractor at the Contractor's expense with a plant that is indigenous or suitable for the area and climate. The cost to purchase any plant which is injured or dies as a result of maliciousness or vandalism not caused by the Contractor will be borne by the EDD after approval by the EDD Representative. The Contractor shall furnish labor to replace that plant at no additional cost to the EDD.

E. The Contractor must have a valid C-27 State Contractor’s License. Licenses shall be furnished by the Contractor in accordance with applicable local ordinances and state and federal laws regarding labor on public buildings and specifications contained in this Agreement. Should any specification in the Agreement fail to comply with such ordinances and laws, the Contractor shall be required to comply with such statutes at no extra cost to the EDD.

No spraying for weeds or pests shall be permissible unless the Contractor obtains one of the following pest control business licenses:

1. A Maintenance Gardener Pest Control Business License. In addition, the person who supervises the pest control activities must hold and maintain a qualified applicator certificate or a qualified applicator license with the landscape maintenance pest control category (Category B):

OR

2. An Agricultural Pest Control Business License. In addition, the person who supervises the pest control activities must hold and maintain a qualified applicator license with the landscape maintenance pest control category (Category B).

Weeds are to be hand-pulled and pests prevented using non-toxic/non-hazardous methods.

F. The Contractor shall not assign or sublet any work covered by this Agreement.

III. SPECIFICATIONS

A. SITE WORK: The following are examples of the types of work the Contractor will be required to complete during the course of this Agreement. It is not intended to be “all inclusive.”

1. Monthly Maintenance

a. Keep all plants and lawns in a healthy, vigorous growing condition by watering, fertilizing, pruning, cultivating, weeding, and any other necessary services.

b. Lawn areas shall be mowed and edged. This shall include trimming around decorative rocks and planters within the lawn. Lawn clippings, dead grass, and other materials shall be removed from the lawn and adjacent areas and disposed of offsite.

c. All planted areas shall be watered weekly "as needed." Trees, especially, shall be deep watered weekly during the growing season.

d. Where automatic irrigation/sprinkling systems are installed in the planted areas, the Contractor shall make appropriate seasonal adjustments and regulations of the irrigation controls to provide adequate watering.

Monthly, the Contractor is to check the entire irrigation system, including all sprinkler heads and bubblers to ensure proper flow, operation, and coverage.

Each irrigation zone is to be checked and timed for appropriate watering. The Contractor is to notify the EDD Representative of any repairs that may be required. Should any repair or replacement of parts be required due to neglect or damage caused by the Contractor (such as from mowers), that replacement shall be at the Contractor’s expense. If damage is not a result of the Contractor’s negligence, upon approval by the EDD Representative, the Contractor shall provide replacement parts at their cost. The EDD will pay for the labor and parts after inspection and approval.

After checking the watering system, findings are to be reported on a monthly service slip.

NOTE: In the event of local or state water conservation restrictions, such water use restrictions shall take precedence over the above requirements.

e. All ground cover such as flowering ground cover, ice plant, ivy, wild strawberry, and juniper shall be cultivated and kept free of weeds, volunteers, cobwebs, leaves, and other foreign materials. Ground cover shall be contained within the boundaries of the planters.

f. All trees shall be pruned up to a maximum of 20 feet to provide good structure and form, kept open and free from dead wood to give maximum shade, and to allow cars and pedestrians to pass under without injury or damage.

NOTE: All wounds over one (1) inch in diameter shall be sealed with an approved tree seal. Trees shall be promptly re-staked and tied again as necessary if disturbed by storms or traffic.

g. Paper, leaves, and other foreign materials shall be removed from planted areas, sidewalks, and the parking lot “as needed”. Upon completion of each service, all trimmings and refuse shall be gathered up and disposed of off the premises by the Contractor. The premises shall be left in a clean condition.

h. All hedges and plants shall be trimmed "as needed" to a uniform desired height in keeping with the landscape design, and shall be contained within the boundaries of the planters. Cobwebs, debris, and falling leaves shall be removed.

2. Seasonal Maintenance

a. Lawns shall be fertilized in April, June, and September with a weed and feed heat-activated fertilizer.

b. Lawns shall be fertilized in October, December, and February with a high-nitrogen fertilizer.

c. Treat soil and planted areas with herbicides "as needed."

d. Plants shall be fertilized at least two times per year, in March and September, with the appropriate fertilizer in accordance with the standards of the industry and the manufacturer's specifications. Additional fertilizing shall be made when the condition of the plants indicate that feeding is appropriate.

e. Trees shall be fertilized in March and September. Fertilizer shall be homogenized time-release pellet type, 15-15-15, unless other arrangements are made with the EDD Representative. Fertilizer shall be watered into the soil within seven (7) days of application.

f. Spraying for insect control and weed abatement is to be done on an “as needed” basis.

B. UTILITY INTERRUPTIONS: Interruptions to any services for the purpose of making or breaking a connection shall be made only after consultation and agreement with the EDD Representative and shall be at such time and such duration as may be directed.

The Contractor shall make necessary provisions as required to maintain existing services to occupied areas with the building.

C. THE CONTRACTOR’S RESPONSIBILITIES:

1. UPON COMPLETION OF EACH SERVICE, A SERVICE SLIP SHALL BE LEFT

WITH THE EDD REPRESENTATIVE FOR SIGNATURE AND APPROVAL OF

SATISFACTORY WORK DONE. THE SLIP SHALL INDICATE ALL WORK

PERFORMED FOR THAT MONTHLY MAINTENANCE, INCLUDING IRRIGATION

CONTROL FINDINGS. IF THE SLIP IS NOT LEFT WITH THE EDD

REPRESENTATIVE THE EDD RESERVES THE RIGHT TO PRORATE THE

MONTHLY PAYMENT FOR THAT MONTH. The Contractor shall report to the EDD Representative on the general condition of the landscaping, including any unusual findings such as diseased areas, pest infestations, irrigation irregularities or repairs, etc.

2. It will be the Contractor’s responsibility to field verify all existing conditions and measurements prior to submitting any proposal.

3. The Contractor shall submit, in writing, all proposals for repairs or improvements to the EDD Representative.

4. The Contractor shall furnish all labor and equipment necessary to perform all of the services presented in these Specifications in a professional, orderly, timely, and efficient manner. The Contractor’s employees, equipment, building materials, etc., shall be restricted to the immediate area of work being performed.

5. The Contractor shall be responsible for removal of all debris, parts, and rubbish generated by performing the services of this Agreement. Any cost involved for removal shall be paid for by the Contractor.

6. The Contractor shall make available, at the job site, a contact person able to communicate effectively with EDD staff who may address concerns or specifications of the Contract.

D. ASBESTOS: The Contractor shall not disturb any areas/materials containing asbestos.

The Contractor shall coordinate with the EDD Representative prior to working in any area containing asbestos.

E. DISCREPANCIES: Should any error, discrepancy, or doubt arise as to the intent and purpose of these Specifications, the Contractor shall immediately refer the same to the EDD Representative for further instructions before proceeding with the work affected.

F. WORKMANSHIP: All workers shall be skilled for the particular work involved. All workmanship must be of high quality level and meet all industry standards.

G. CLEANUP: Upon completion of each service, all trimmings and refuse shall be gathered up and disposed of off the premises by the Contractor. The premises shall be left in a clean condition.

H. SITE INSPECTION: It is the Contractor’s responsibility to inspect the work site prior to providing time and individual Task Order cost estimates. The Contractor shall make necessary arrangements through the EDD Representative.

I. ADJACENT SURFACES OR FEATURES: Neatly replace, patch, and finish in kind all adjacent surfaces or features displaced or disturbed in the performance of work, such as, but not limited to, acoustical tile, rubber base, paint, floor covering, etc. Make joining of new and existing work as inconspicuous as possible. Upon completion of task, there shall be no noticeable difference between the new and existing surfaces.

J. COORDINATION OF WORK: The Contractor may not be the sole provider of services on certain tasks or work orders. The Contractor and/or the Contractor’s employees will be expected, at times, to work alongside or in conjunction with other trades contractors, as well as EDD Maintenance Mechanics.

K. SUPERVISION: The Contractor shall be on-site at all times to personally supervise all work completed, or employ an authorized supervisor to oversee all work at the EDD office.

IV. SCHEDULE

All landscaping work shall be performed during the regular working hours of the EDD office, 8 a.m. to 5 p.m., Monday through Friday, unless other arrangements are made with the EDD Representative.

V. MATERIALS

A. All materials shall be new, unless otherwise specified, and of good quality, free from damage or defect. After completion and acceptance of work by the EDD, all materials furnished and work performed under this Agreement shall be fully guaranteed by the Contractor against defects for a period of one year unless otherwise specified herein. All material furnished shall become the property of the EDD upon completion. Also, unless otherwise specified, the Contractor shall remedy any defect due thereto and pay for any damages resulting there from, which shall appear within a period of one year from the date of acceptance of work.

B. MATERIAL COSTS MAY REFLECT UP TO A 10% CONTRACTOR MARK UP.

C. Salvaged devices may be reused as allowed by the National Electrical Code. All others must be new. All removed devices not reused under this Agreement shall remain the property of the EDD unless the EDD Representative approves otherwise.

D. The Contractor shall not store any materials and or equipment at the EDD facility unless agreement is previously reached with the EDD Representative on a “PER TASK” assignment.

E. The Contractor shall provide adequate dust covers, temporary dust barriers, and pads to protect equipment and furnishings during dusty operations or where damage could occur to existing facilities.

VI. HEALTH, SAFETY, AND SECURITY

A. The Contractor shall provide adequate protection against injury to all EDD property, EDD employees, and the general public while work is in progress. The Contractor shall be liable for any property damage or personal injury caused by the Contractor's failure to provide such adequate protection and exercise of due care.

B. It shall be the responsibility of the Contractor to make arrangements in advance with the EDD Representative to have any needed parking areas, driveways, and/or sidewalks cleared so that the work can be performed.

C. The Contractor shall use appropriate barriers, warning signs, or cones to notify the public and staff of any hazardous condition in the work area.

D. As requested, the Contractor shall provide the local Office Manager or designee and the EDD Representative with copies of Material Safety and Data Sheets.

E. The Contractor shall make provisions to accomplish the work of this Agreement without undue interference with the occupants of the building and building operations. The Contractor's operations shall be conducted in a safe manner at all times with minimum interference to roads, drives and walks. Particular caution must be paid to the placement of hoses and other equipment.

(Standard Agreement)

VII. GUARANTEES

A. Unless previously agreed upon on a “PER TASK/WORK ORDER” basis or in specific guarantees required elsewhere in this Agreement, the Contractor shall warranty the work in general for one (1) year from the date of acceptance.

B. After Final Payment: Neither final payment, nor any provision in the Contract documents will relieve the Contractor of responsibility for faulty material or workmanship. Unless otherwise specified, the Contractor shall remedy any defect due thereto and pay for any damage to other work resulting there from, which appears within a period of one (1) year from the date of acceptance of the work.

VIII. CORRECTION OF WORK

Prior to Final Payment: Work that does not comply with the requirements of the Contract, either specified in writing or by oral agreement, must be promptly replaced by the Contractor at their own expense with work that does comply. In making such replacement, the Contractor shall also bear all expenses involved in making good all damages or destruction caused to the work of other contractors.

IX. ADVANCE WORK

Should the Contractor begin work before receiving a copy of the approved Agreement, any work performed before approval shall be considered as having been done at the Contractor's own risk and as a volunteer.

DATE HOLIDAY

January 1st New Year’s Day*

3rd Monday in January Martin Luther King, Jr. Day

3rd Monday in February President’s Day

March 31st Cesar Chavez Day*

Last Monday in May Memorial Day

July 4th Independence Day*

1st Monday in September Labor Day

November 11th Veteran’s Day**

4th Thursday; adjacent Friday in November Thanksgiving

December 25th Christmas Day

* If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occur on a Sunday, the holiday is observed on the next day (Monday).

** If Veteran’s Day occurs on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday Rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday).

EXHIBIT A-2

STATE OF CALIFORNIA HOLIDAY SCHEDULE

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

(Standard Agreement)

I. INVOICING AND PAYMENT

A. In consideration of satisfactory services performed, the EDD agrees to pay the monthly sum of ($ ) for monthly landscaping services and the hourly rate of ($ ) for “as needed” repairs. The total amount of this Contract shall not exceed

Overtime charges shall not exceed one and one half times the amount of the hourly rate.

All travel costs (travel time, mileage, and per diem) associated with work accomplished in this Contract are to be included in the hourly rate. MATERIAL COSTS MAY REFLECT UP TO A 10% CONTRACTOR MARK UP. Invoices shall have receipts attached for any materials charged to the EDD.

B. The invoices must reference the following:

• The EDD Contract Number M127025-7100

• Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service

• Accurate billing address as stated on the Purchase Order or Contract

• Supplier invoice date

• Company name and remittance address

The invoice, in triplicate, in arrears shall be forwarded to the address shown below:

Employment Development Department 15315 Texaco Avenue, MIC 336LA

Paramount, CA 90723 Attn: Carrie Chung

Email: Carrie.Chung@edd.ca.gov

C. Repair costs must first be approved by the EDD Representative. Repairs costs identified as outside day to day maintenance and repair services are to be submitted to the EDD Representative in writing and should include specifications of work needing to be completed and detailed cost estimate.

D. The Contractor will be paid a minimum of one hour per each visit for “as needed” repairs.

E. Where a certain quantity of material is specified and materials are to be selected by the EDD, it is understood if the quantity is over or under, an addition or deduction in agreement cost may be made.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

II. BUDGET CONTINGENCY CLAUSE

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.

The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The EDD has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

III. CALIFORNIA PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in, Government Code section 927, et seq.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

(Standard Agreement)

1. Workforce Innovation and Opportunity Act (WIOA)

The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 C.F.R. parts 37 and 38.

2. Termination Clause

This Agreement may be…

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