HomeMy WebLinkAbout25K - AGMT - PAVEMENT CLEANING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 19, 2018
TITLE:
APPROVE AN AGREEMENT WITH
SUPERIOR PROPERTY SERVICES, INC.
FOR HARDSCAPE PAVEMENT CLEANING
AND INFECTIOUS WASTE REMOVAL
SERVICES IN THE SANTA ANA CIVIC
CENTER
(STRATEGIC PLAN NO. 6, 1 B)
CITYVAANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Superior
Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal
services for an annual amount not to exceed $274,656, which includes a 20% contingency, for a
term from July 1, 2018 through June 30, 2020, with two, one-year renewal options, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency (PRCSA) maintains the Santa Ana Civic
Center as part of the Civic Center Joint Powers Authority with the County of Orange. On February
28, 2018, PRCSA issued a Request for Proposal (RFP) for the hardscape pavement cleaning and
infectious waste removal services. The RFP was posted on PlanetBids, where 96 vendors were
notified, eight vendors downloaded the RFP and one vendor submitted a proposal.
The proposal that was submitted is from the existing vendor that currently provides service in the
Civic Center. An evaluation committee consisting of representatives from PRCSA reviewed the
proposal and gave it a score of 257 out of a possible 300. Due to the experience of the vendor in
working in the area as well as professional working relationship with the City, the evaluation
committee made a recommendation to continue with Superior Property Services, Inc. for a new
two-year agreement with an option to extend the agreement for two additional one-year terms.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure,
Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B
(Equitably maintain existing streets and associated assets in a state of good repair so they are
clean, safe and aesthetically pleasing for all users).
25K-1
Agreement with Mariposa Landscape, Inc.
June 19, 2018
Page 2
FISCAL IMPACT
Funds will be budgeted in the following account for the specified years of the initial term:
Accounting Unit FY 18/19 FY 19/20
PRCSA-Civic Center Maintenance (no. 07413250-62320) $274,656
Funds will be budgeted in the following account for the specified years of the two, one-year renewal
terms:
Accounting Unit
PRCSA-Civic Center Maintenance (no. 07413250-62320)
Jeannie Jurado
Acting Executive Director
Parks, Recreation and Community Services
Agency
Exhibit: 1. Agreement
FY 20/21 FY21 /22
4,656 $274,656
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco utierrez
Executive Director
Finance and Management Services Agency
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AGREEMENT WITH SUPERIOR PROPERTY SERVICES TO PROVIDE
HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE
REMOVAL SERVICES IN THE SANTA ANA CIVIC CENTER
THIS AGREEMENT is made and entered into this 19'h day of June, 2018 by and between Superior
Property Services, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. On February 28, 2018, the City issued a Request for Proposal ("RFP") No. 18-021 seeking
a contractor to provide hardscape pavement cleaning and infectious waste removal services
in the Santa Ana Civic Center which is bordered to the North by Civic Center Drive, to the
South by Santa Ana Blvd, to the East by Sycamore Street, and to the West by Shelton
Street.
B. On March 30, 2018, Contractor submitted a proposal which was selected by the City.
Contractor's proposal is incorporated by reference to this Agreement as though full set
forth herein. Contractor represents that it is able and willing to provide such services to
the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in revised annual cost sheet attached hereto as
Exhibit B. The total amount to be expended during the term of this Agreement,
including any optional extension periods, shall not exceed $274,656. The sum of this
amount is comprised of the base cost of $228,880 plus a 20% contingency of.$45,776
for services to be performed by the Contractor at the sole discretion of the City,
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b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
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This Agreement shall commence on July 1, 2018 and continue for a two (2) year term with
the option for the City to grant up to two (2) one (1) -year renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16,
below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such 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.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. 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.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
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Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance, In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing -the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
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(30) days prior written notice to the City.
iv. 'Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Contractor shall supply City with a fully executed additional insured
endorsement.
f If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
Ietters patent, trademark, or copyright infringement, including costs, contained in the workproduct
or documents provided by Contractor to the City pursuant to this Agreement.
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10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care, "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault-afihe
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. DISCREMNATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
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14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terns
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt' of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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18. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement,
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
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With courtesy copies to:
Executive Director, Parks, Recreation and Sonia R. Carvalho
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-571-4221
To Consultant:
Superior Property Services, Inc.
Attn: Ronald L. Bruneck, President
9129 Perkins St.
Pico Rivera, CA 90660
Fax: 562-801-9230
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fust
above written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar Raul Godinez Il
Clerk of the Council City Manager
[signatures continued on next page]
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APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By: dautQ, A, ct_a�x+n.,
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Jeannie Jurardo
Acting Executive Director
Parks, Recreation and Community Services Agency
By:
(title)
Tax Il
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�v
SCOPE OF SERVICES
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Exhibit A
Appendix
ATTACEINWNT 1
SCOPE.OF.
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN
THE SANTA ANA CIVIC CENTER.
RFP NO.; 18-021
Description of Work
1. General:
The Civic Center Campus boundaries are North -Civic Center Drive, South -Santa Ana Blvd, East -
Sycamore Street, West -Shelton Street.
The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation
and supervision, except as specified herein, to manage and perform pavement cleaning, infectious waste
and potential infectious waste removal services as set forth herein.
The contractor will inspect and assess the areas. Depending on the circumstances of the each area the
contractor use the appropriate method and follow the steps and procedures needed to properly and safely
clean the area per OSHA, Federal, State, County and Locals laws and regulations.
1.1 All hardscape areas shall be cleaned (which shall include high pressure hot water washing),
including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades,
concrete parking lots beneath the Plaza of the Flags and Fountains, terrazzo reflection pool north
of the Orange County Courthouse, concrete drive entrance to the Main Library, Plaza of the Sun,
Plaza of the Flags, Plaza of the Fountains, City Hall Buildings #20, #22, and #26, Orange County
Buildings #10, #11, #12, #14, #30, #36 and 038, east and west mall areas, Orange County
Historical Courthouse, and Sasscer Park.
1.2 Hardscape areas shall be cleaned of dirt, stains, gum, oil, tar, and residue to present a high
quality appearance following each scheduled visit.
1.3 Accumulated water remaining after the cleaning shall be removed completely so no puddling
exists and shall be collected and disposed of in accordance with all Federal, State, County and
local laws and regulations.
1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated.
1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but
is not limited to, steps, handicap ramps, side entrances, etc.
1.6 The Contractor shall also meet the criteria for cleaning as specified below.
Contaminated Water:
City of Santa Ana RFP 18-021
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2.1 Only uncontaminated potable water may flow into surface drains. No cleaning agents or water
contaminated from petroleum waste or any other hazardous waste or sewage related waste may
be allowed to flow into the surface drains. Contractor shall comply with all NPDES
requirements regarding the containment of discharge into the storm drain system.
Frequency of Service:
3.1 All paved areas covered by this contract shall be thoroughly cleaned at frequencies per the
specifications. Please refer to Attachment 3-6: Fee Schedule for locations and frequencies.
3.2 The Contractor shall have minimum two (2) employees continuously inspect all areas within the
Civic Center for infectious waste and sharps (hypodermic needles) between the hours of 6:30am
and 3:00pm Monday through Friday. Any infectious waste (feces, urine, blood, vomit, or other
bodily fluids) and/or sharps (hypodermic needles) discovered shall immediately be removed and
disposed of per federal, state, county and local laws and regulations.
3.2.1 All Contractor employees involved in the inspection, removal and disposal of infectious
waste and sharps will have met all OSHA training requirements, such as but not limited:
to annual Bloodborne Pathogens (BBP); annual Aerosol Transmissible Diseases (ATD);
annual Respiratory Protection with the mandated annual fit -testing and medical
clearance; general HE training such as hand, head, eye body and foot protection; and
proper waste disposal including the use of bio -waste bags, labeling requirements,
transportation and disposal, and their training shall be up to date.
3.2.2 All Contractor employees involved in the inspection, removal and disposal of infectious
waste and sharps shall wear at all times Personal Protection Equipment (PPE's).
3.2.3 All infectious waste and sharps shall be properly removed and legally disposed.
4 Operating Criteria
4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains,
liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials,
substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways,
patios, boardwalks, quads, esplanades) prior to cleaning operations. If non -bio waste is
contaminated with or potentially contaminated with bio -waste then the matter will be treated ,
contained, removed and disposed of as infectious waste.
4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require
the use of tools or utensils that will not spread germs. All cleaning agents or residuals thereof,
used in this process must be, completely removed prior to beginning cleaning operations and
disposed of with infectious waste
4.3 During regular cleaning operations, the contractor shall use high pressure, low-volume washers,
and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to
steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean
sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. The
contractor will inspect and assess the areas. Depending on the circumstances of the each area the
contractor use the appropriate method and follow the steps and procedures needed to properly
and safely clean the area per OSHA, Federal, State, County and Locals laws and regulations.
City of Santa Ana RFP 18-021
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4.4 Hardscapes shall receive a thorough cleaning according to approved Contractor's schedule.
4.5 At the beginning of cleaning operations, the Contractor shall strategically place approved
signage and/or yellow caution tape at appropriate locations to identify to patrons that cleaning is
taking place and that the walkways may be slippery and/or temporarily inaccessible. At all times
Contractor shall safe guard the public from conditions made unsafe by the Contractor's
operations.
4.6 During cleaning operations should the Contractor notice a hazardous condition they shall make
the area safe by barricading the area and notifying the Executive Director's representative
immediately. It shall be the City's responsibility to remedy the unsafe condition unless the
Contractor created the condition.
4.7 In the event of hazards originating after or between cleaning frequencies, the Contractor may be
requested to respond to the site and remove the hazard. Such requests shall be paid under
Additional Work.
4.8 The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause
damage to hardscapes, Water pressure will be used when appropriate for the circumstances of
the area. The contractor will use the method of cleaning appropriate for the circumstance.
4.9 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to
thoroughly wash the surface, scrub brushes and cleaners may be required to remove the materials
and produce a thoroughly clean surface. Water pressure will be used when appropriate for the
circumstances of the area. The contractor will use the method of cleaning appropriate for the
circumstance.
4.10 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain.
4.11 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand -dried
immediately after the conclusion of the operation in the immediate area.
4.12 Immediately following the cleaning of the hardscape areas, all materials generated by the
operation shall be collected and placed in Contractor's trash containers or otherwise removed
from the site.
4.13 All areas barricaded while drying shall be opened by Contractor and made available for use
when the area(s) are completely dry.
Special Considerations:
5.1 The Plazas of the Flags and Fountains have tar bubbling through the seams in the pavement. The
Contractor shall remove the tar in these two areas and clean up any residue that the tar leaves,
leaving the pavement clean and unblemished.
5.2 The North Orange County Courthouse reflection pool has a terrazzo finish. In addition to
cleaning this pool one (1) time per week the Contractor shall buff the surface to a lustrous shine
one (1) time per month using cleaning and buffing products approved by the Director's
Representative.
City of Santa Ana RFP 18-021
Page 13
25K-15
Personnel
6.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall
provide a Project Foreman to be available during the normal hours of operation to act with full
authority for the Contractor. This individual shall be responsible for the supervision, overall
administration, and coordination of all required services. The Contractor shall provide the
name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract
award date. The Contractor shall provide written notice to the Director in advance of any change
of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write
the English language as is necessary for the fulfillment of the terms of the Agreement, The
Project Foreman shall return all calls from the Director's Representative within two hours.
6.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project
Foreman to act for the Project Foreman with the same authority during absences of the Project
Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone
number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The
Contractor shall provide written notice to the Director's Representative in advance of any change
of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak,
read, and write the English language as is necessary for the fulfillment of the terms of the
Agreement.
6.3 Other Personnel Requirements
6.3.1 All pavement cleaning crews will have a minimum of two (2) employees per crew. One
(1st) using the pavement cleaning equipment and the second (2"d) employee to serve as a
spotter to alert the operator of any safety concern that may be approaching or encroaching
into the operators work space.
6.3.2 Legal Residents. The Contractor shall provide only those personnel who are legally
entitled to work in the United State to accomplish work and services specified herein.
6.3.3 English Comprehension. All Contractor personnel working on the project shall read and
understand the English language to the extent necessary to read and understand operation,
safety, health, and security regulations relating to the performance of this Agreement,
including the following:
6.3.3.1 Any necessary instructions concerning equipment to the extent that performing
the employee's duties requires the employee to operate, maintain, repair, or in
some way interact with the equipment.
6.3.3.2 Any regulations, directives, or policies that he must know in order to accomplish
the work on the project as a Contractor employee.
6.4 Contractor Employee Skills Required, The Contractor's employees performing the services
required by this Agreement shall have specialized training, prior work experience, or the
demonstrated technical skills to fulfill the specific requirements of these Specifications and the
Agreement.
6.5 Employee Physical Capabilities. There shall be no discrimination against employees on the basis
of handicap or other physically disabling conditions. Contractor shall obey all State and Federal
laws concerning the disabled.
City of Santa Ana RFP 18-021
Page 14
25K-16
6.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for
maintaining satisfactory standards of employee competency and conduct and for taking
disciplinary action against his employees as necessary. No Contractor employee under the
influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite.
The removal from the job site of a Contractor employee shall not relieve the Contractor of the
requirement to provide sufficient personnel to perform the work specified in the contract.
6.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of
wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than
company identification patches. All uniforms should identify the name of the Contractor.
Uniforms shall be clearly distinguishable from City employee uniforms.
7 Director's Authority
7.1 The Director is the only person authorized to direct changes in any of the requirements under the
Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said
authority remains solely in the Director. In the event that the Contractor effects any such
changes at the direction of any person other than the Director, the changes will be considered -to
have been made without authority and solely at the risk of the Contractor. In addition, the
Director shall have the authority to accepdreject materials, workmanship and to make minor
changes in work or schedule, not involving extra cost. When the performance of the work or
completion per schedule is determined to be sub -standard, he may (1) recommend that all or a
portion of payment be withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work
be accomplished by either City forces or separate contractor, in order to complete the necessary
work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld
shall be deducted from the next monthly payment due the Contractor, or if the amount is
insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed
accordingly. The Director, or his authorized representative shall decide all questions, which may
arise as to the manner of performance and completion per schedule, acceptable fulfillment of the
Agreement by the Contractor, interpretation of the specifications, and compensation, including
completion of work by alternate sources.
7.2 The Director may delete a portion of or the entire work site from contractual maintenance during
a construction period or any period where the Director determines that work cannot be
scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly
payment to the Contractor. The amount of reduction will be based on the percentage of area
involved and will be determined by the City.
7.3 The Director or his designated representative shall regularly inspect the parks, playgrounds,
fields and all other City property subject to this Agreement. If said inspection results in
discovery of work that is not performed in the manner, and to the professional degree set forth in
the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly
payment, the City's actual or estimated cost of performing the work to bring the property into
conformance with the specifications. Additionally, City shall impose liquidated damages of up
to $300.00 per inspection, per park, per day not meeting the specifications during any such
inspection.
8 Other Requirements
City of Santa Ana RFP 18-021
Page 15
25K-17
8.1 Extra work will not be initiated without written authorization. In emergency situations, a not to
exceed price may be submitted by contractor via e-mail for review/approval by City. All labor
shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred.
8.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of
this contract. A copy of these schedules shall be provided to the Director prior the performance,
and any changes in scheduling shall be reported in writing and subject to the approval of the
Director. The schedule shall include areas to be cleaned, days of the week, times and what
person/crew will be performing specific work in accordance with the specification. Once the
initial schedule of "routine work" is completed the Contractor shall notify the Director in writing
before any changes are made.
8.3 Vehicle Passes, The Contractor and Contractor personnel shall obtain vehicle passes from The
County of Orange Parking Administrator, Public Facilities & Resources Department.
8.4 Security of Contractor Owned Property. The Contractor shall be responsible for the security of
Contractor Owned Property.
Contractor Responsibilities:
1.0 GENERAL CONDITIONS
1.1 Definitions -
1.1.1 "Director's Representative" shall mean the Executive Director of Parks,
Recreation and Community Services designated representative.
1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities.
1.1.3 "Pavement Cleaning" shall mean the practice of removing foreign materials from
paved and/or other hard surfaces.
1.1.4 "Infectious materials" shall mean any fluid and/or instrument used to inject or
withdraw bodily fluids.
1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such
as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt
pavement, mow strips, etc.
1.2 Scheduling of Work -The Contractor shall provide specific pavement cleaning and
infectious waste removal/disposal maintenance between the hours of 6:30 a.m. and 3:00
p.m., Monday through Friday. The Contractor shall provide other pavement cleaning
maintenance during hours approved by the Director's Representative. The schedule may
be modified only with the Director's Representative consent. Maintenance operations
that generate excess noise cannot begin before 8:00 a.m.
The Contractor shall establish schedules of "routine work" to be followed in the
performance of this contract. In addition to the Contractor submitting the Monthly Park
Services Inspector's Inspection Schedule and other required monthly reports, the
Contractor shall submit weekly schedules listing the work tasks, crew performing the
task, and the projected hours to complete the task. The schedules shall be emailed to
Director's Representative by Thursday at 4:00pm for the upcoming week. Any changes
in scheduling shall be reported in writing 48 hours before the proposed change and must
be approved by the Director's Representative. The schedule shall include days of the
week and what person/crew will be performing specific work in accordance with the
specification.
City of Santa Ana RFP 18-021
Page 16
25K-18
1.3 Local Office - The Contractor shall maintain a physical office within the 714 area code
(local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00
p.m, with a company representative present at all times. Answering services or mobile
telephones will not be considered a local office.
1,4 Outside the Scope of Work - Damage or malfunction to property, including but not
limited to, physical property, equipment, and materials, by any of the following may be
considered outside the scope of this Agreement:
-Acts of God
-Civil Disorder
-Vehicle Collision (excluding Contractor and its employees and subs)
-Excavation or re -surfacing of the street
-Power failures
-Underground wiring damage
Contractor will not be considered responsible for replacement. Contractor must prove to
the satisfaction of the Director's Representative that one of the above occurred in order to
be excused from performing under the Agreement
1.5 Extra Work — Work that is requested from the Director's Representative that is outside of
the scope of work shall be considered "extra." Upon request, the Contractor shall submit
an Authorization for Extra Work (AEW) proposal (on the City's form) for consideration.
Following the Director's review and written approval on the AEW form, the Contractor
shall be approved for work to commence. The City shall not be liable to pay for work
performed by the Contractor without written approval by the Director's Representative.
All materials used during the performance of extra work by the Contractor shall be
charged to the City at a rate of 10% above the Contractors resale (contractor's price).
2.0 UNIFORMS AND VEHICLES IDENTIFICATION
2.1 The Contractor shall provide to all field personnel a standard uniform including but not
limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests
and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or
embroidery with the company name and logo or other form of identification.
2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as
belonging to the Contractor, well maintained, in excellent working condition, be clean in
appearance and without extensive visible damage, dirt graffiti etc. In addition, all
vehicles shall have the company's name, contractor's license number and contact
information clearly identified on both sides and the rear of the vehicle.
2.3 The Director's Representative reserves the right to direct the Contractor to remove an
employee or piece of equipment for not meeting high maintenance and appearance
standards.
3.0 SAFETY REQUIREMENTS
City of Santa Ana RFP 18-021
Page 17
25K-19
3.1 All work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. The Contractor shall be incompliance with his/her
companies City approved Illness and Injury Prevention Program.
3.2 All work performed under this contract shall be performed in strict compliance with all
federal, state and local safety laws, regulations or other authoritative mandates that
protect workers and the general public, including but not limited to,
excavation/trenching/shoring, blood home pathogens, hazardous waste identification and
transport and pesticide use and reporting.
3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's
Representative may at his discretion order the Contractor to stop performing and pay all
costs and or damages resulting from the delay.
3.4 In addition, the Contractor shall submit to the Director's Representative each year upon
renewal of the agreement his/her updated Illness and Injury Prevention Plan and update
OSHA safety training records and employee safety training certificates.
4.0 SAFETY REQUIREMENTS
4.1 All work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. The Contractor shall be incompliance with his/her
companies City approved Illness and Injury Prevention Program.
4.2 All work performed under this contract shall be performed in strict compliance with all
federal, state and local safety laws, regulations or other authoritative mandates that
protect workers and the general public, including but not limited to, California MUTCD
safety mandates on traffic closure, excavation/trenching/shoring, confined space, blood
home pathogens, hazardous waste identification and transport and pesticide use and
reporting.
4.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's
Representative may at his discretion order the Contractor to stop performing and pay all
costs and or damages resulting from the delay.
4.4 In addition, the Contractor shall submit to the Director's Representative each year upon
renewal of the agreement his/her updated Illness and Injury Prevention Plan.
5.0 SAFETY NOTIFICATION
5.1 If Contractor identifies a potential safety issue, Contractor shall:
5.1.1 Notify the public that potentially unsafe conditions exist by installing yellow
"Caution Tape" and "A" frame barricades or equal substitute around the
condition.
5.1.2 Notify the Director's Representative of the condition first by phone and then in
writing (e-mail is acceptable) including digital photographs of the potential safety
concern. Once the Contractor has notified the City and the public of the
condition, as specified above, Contractor shall have no further responsibility
regarding the condition.
City of Santa Ana RFP 18-021
Page 18
25K-20
6.0 UNDERGROUND ALERT SYSTEMS
6.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48
hours in advance prior to any excavation work.
7.0 PROPERTY DAMAGE
7.1 Any damage to private property caused by Contractor shall be immediately reported to
the property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
8.0 ACCESS TO PRIVATE PROPERTY
8.1 Prior to any work involving private property, the Contractor shall notify the City of the
proposed work and obtain all necessary permits and/or consent required from City and/or
property owner
9.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
9.1 The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor
shall, at its expense, replace any property that is removed or damaged, other than
property pre -approved for removal. Contractor shall abide by the City's `Policy for
Driving on Park Property" (See Attachment 4).
10.0 TRAFFIC CONTROL
10.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee
permit from the City. Prior to performing maintenance activities where Contractor
employees work immediately adjacent City vehicular lanes or any other situation covered
under the California MUTCD, the Contractor shall implement no -fee permitted City
approved traffic safety plans to protect the health and welfare of its employees and the
general public prior to commencement of the agreement.
11.0 MONTHLY REPORTS
11.1 Prior to the fust of each month the Contractor shall submit to the Director's
Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection
Schedule including a detailed annual, monthly, weekly and daily work schedules
consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned
to the contract areas; 3) organizational chart or equal listing the names, titles, schedules
and assignments of all persons working on the project; 4) invoices and packing slips of
name, type and quantities of commodities purchased; 5) a detailed description of area
deficiencies; and, 6) a record of legal disposal of infectious waste materials. The
information contained in the above referenced documents shall be updated with any new
information as changes occur. The Director's Representative shall be immediately
notified of any changes to the above information.
City of Santa Ana RFP 18-021
Page 19
25K-21
Failure to submit a report by the fust of each month shall result in a fine of $100.00 per
day for each report submitted late,
12.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS
12.1 The City shall be responsible for providing water for the Contractor to perform pavement
cleaning and infectious waste removal/disposal services. The Contractor shall be
responsible for conserving water when and wherever possible.
13.0 SPECIFICATIONS INTERPRETATION
13.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any
questions relating to the interpretation of these specifications must be addressed, in
writing, prior to the start of work. The Contractor agrees that interpretations of this
contract after the start of work are at the sole discretion of the Director's Representative,
and the Contractor shall abide by all such interpretations.
14.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
14.1 The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
damage to Civic Center facilities, or private property caused by the Contractor's neglect
shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana. The
City of Santa Ana and/or Director's Representative shall make the determination of fault.
The Director's Representative reserves the right to issue a Stop Work Notice if the
Contractor does not promptly repair any damage, within twenty-four (24) hours of the
damage incurred.
14.2 If the Directors Representative requests or directs the Contractor to perform work in a
given area, it will be the Contractor's responsibility to verify and locate any underground
systems (i.e. utility lines) and take responsibility for taking reasonable precaution when
working in these areas.
14.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior
to digging for line locations, Any damage or problems shall be reported immediately to
the Director's Representative and the City of Santa Ana. If the Contractor discovers
something unexpected or a unique problem occurs, he should stop work and immediately
contact an authorized Director's Representative for a timely resolution of the problem.
15.0 SUBSTITUTIONS
15.1 Whenever a specific type of material is specified, no substitutions shall be allowed
without written consent of the SAPRF representative.
16.0 CERTIFICATION & APPLICATION OF MATERIALS
16.1 All materials shall be delivered on the site in original containers. Materials. shall be
subject to inspection by the Director's Representative. The Director's Representative
City of Santa Ana RFP 18-021
Page 20
25K-22
will not approve materials not meeting the SAPRF standards, and Contractor shall return
any such non -satisfactory items at his/her cost.
16.2 No materials shall be applied prior to the Director's Representative verifying the
specified quantities of materials. Furthermore, should the Contractor apply materials
before the Director's Representative verifies correct materials and quantities, the
Contractor shall not receive credit for the applied materials. The Contractor shall then
reorder and deliver the materials, thereby not receiving credit for the applied materials.
17.0 CONTRACTOR NEGLECT
17.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been
determined to be due to the Contractor's neglect, shall be corrected at no additional cost
to the City of Santa Ana or the SAPRF.
18.0 CONSTRUCTION EQUIPMENT
18.1 The Contractor shall take all necessary precautions for safe operation of his equipment
and the protection of the public from injury and damage from such equipment.
19.0 SOUND CONTROL REQUIREMENTS
19.1 The Contractor shall comply with all local sound control and noise level rules,
regulations and ordinances that apply to any work performed pursuant to the Contract.
Each internal combustion engine used for any purpose on the job or related to the job
shall be equipped with a muffler of a type recommended by the manufacturer of such
equipment. No internal combustion engine shall be operated on the project without said
muffler. Full compensation for conforming to the requirements of this section shall be
considered as included in the prices paid for the various contract items of work involved
and no additional compensation will be allowed therefore. Sounds, such as loud music,
that are not related to the project, shall be kept at levels so as to not disturb the general
public.
20.0 INQUIRIES AND COMPLAINTS
20.1 The Contractor shall maintain an office at some fixed place and shall maintain a
telephone thereat, listed in the telephone directory in his own name or in the firm name
by which he is most commonly known. Furthermore, the Contractor shall, at all times,
have some responsible person(s), employed by the Contractor, to take the necessary
action regarding all inquiries and complaints that may be received from the City of Santa
Ana, Director's Representative, and/or private citizens during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property
damage to the facilities being maintained, the Director's Representative may, after
reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF
work force. All costs of any such action shall be charged against the Contractor, or the
Director's Representative may deduct such cost from any amount due to Contractor.
All complaints shall be abated as soon as possible after notification, to the satisfaction of
City of Santa Ana RFP 18-021
Page 21
25K-23
the City of Santa Ana and/or Director's Representative. If any complaint is not abated
within a reasonable time, the Director's Representative shall be notified immediately of
the reason for not abating the complaint followed by a written report to the Director's
Representative within five (5) days. If the complaints are not abated within the time
specified or to the satisfaction of the Director's Representative, the Director's
Representative may correct the specific complaint and the total cost incurred by the
SAPRF will be deducted and forfeit from the payments owing to the Contractor from the
SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem
and appropriate overhead charges.
21.0 NOTIFICATION OF LOCATIONS OF WORI{
21.1 The Contractor shall notify the Director's Representative when the contractor's crews
will be working within the SAPRF. Said notifications will be made on a daily basis by
telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks
work locations.
22.0 WORKFORCE
22.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she
finds that a Contractors employee or sub -contractor's employee is not performing to the
satisfaction of the D'irector's Representative, the Director's Representative shall require
the Contractor to remove the employee from work sites at his or her discretion within 24
hours of written notice.
23.0 MATERIALS
23.1 The Director's Representative shall approve or reject all materials delivered to the work
site. In addition, the Contractor shall not apply any materials until the Director's
Representative inspects the materials to confirm they are correct per specifications. Note
that the Director's Representative may stay at the work site to confirm that all materials
are applied correctly and in the quantities specified. Materials applied by the Contractor
prior to the Director's Representative inspecting the materials shall be considered not
applied. Therefore, the Contractor shall not be given credit towards the quantity of the
specified material required to be applied by the specification. The Contractor shall then
be required to deliver the specified quantity of material to the work site and, following
the Director's Representatives approval, apply the materials in the presence of the
Director's Representative.
Prior to the application or use of any materials the Contractor shall submit to the
Director's Representative a minimum 48 hours before delivery to the work site a list of
all materials and/or chemicals that may be used pursuant to the terms of this Agreement.
The list shall include the name of the product, the products specifications, and the
quantity of materials, prescribed method of use/application, Material Safety Data Sheets
and chemical analysis where applicable, recommended usage and any other
manufacturer's data that may be pertinent. The list must be submitted before any
materials/chemicals are used pursuant to this Agreement.
23.1.1 The materials and chemicals utilized in furtherance of this Agreement shall
City of Santa Ana RFP 18-021
Page 22
25K-24
comply with the following standards:
All chemicals proposed to be used during this agreement shall have the
manufacturer's original labels on the containers.
Prior to the use of any chemical, the Contractor shall provide the Director's
Representative the SDS sheet for their review and written approval. Al chemicals
shall be of the best quality obtainable and available on the market, properly
labeled with guaranteed analysis, and brought to the job site in the manufacturer's
original container.
Materials shall as specified herein, matching those existing at the work site, or as
specified by the Director's Representative,
23.1.2 All materials delivered to the site shall be accompanied by a packing slip or other
form from the vendor indicating the specific commodity delivered and the
quantity,
24.0 TRASH DISPOSAL AND RECYCLING
All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting
from work performed under this contract shall be disposed of pursuant to the requirements of the
Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill.
Every month, the Contractor shall submit receipts from licensed composters/green waste
recycling facilities, to the Director listing the tons of organic waste recycled and the names and
addresses of the composting or processing companies.
As an alternative, the City may allow Contractor to dispose of green waste and trash in bins
provided by the City. The City will determine the amount of green waste and trash allowed to be
dumped in these bins based on historical amounts. Any additional disposal fees must be paid by
Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was
not collected as part of this contract. If the City finds that the contractor is disposing of trash
from other contracts, the City will discontinue this service for the contractor and the contractor
will be required to pay for their own trash service.
City Responsibilities
1.0 CITY -DIRECTOR'S AUTHORITY
The Director's Representative is the only person authorized to direct changes in any of the
requirements under the Agreement and, not withstanding any provisions contained elsewhere in
the Agreement, and said authority remains solely in the Director's Representative. In the event
that the Contractor effects any such changes at the direction of any person other than the
Director's Representative, the changes will be. considered to have been made without authority
and solely at the risk of the Contractor. In addition, the Director's Representative shall have the
authority to accept/reject materials, workmanship and to make changes in work or schedule,
when the City determines that no extra costs are involved. The Director's Representative shall
also have the authority to suspend portions of the specifications and withhold the cost of the
suspended portion of the agreement at his/her discretion.
City of Santa Ana RFP 18-021
Page 23
25K-25
The intent of these specifications is known by the City of Santa Ana. Any questions relating to
the interpretation of these specifications must be addressed, in writing, prior to the start of work,
When the performance of the work or completion per schedule is determined to be sub -standard
or not on schedule, the Director's Representative may recommend that all or a portion of
payment be withheld. In addition, the Director's Representative shall have the option to hire
another qualified contractor to perform any portion of the work specified and withhold payment
in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be
deducted from the next or subsequent monthly payment due, or if the amount is insufficient to
cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly.
The Director's Representative shall decide all questions, which may arise as to the interpretation
of the quality of work, manner of performance, completion per schedule, acceptable fulfrllrnent
of the Agreement by the Contractor, interpretation of the specifications, and compensation,
including completion of work by alternate sources.
Special Requirements
See -ATTACHMENT 4: ADDITIONAL PROVISIONS
City of Santa Ana RPP 16-021
Page 24
25K-26
ATTACHMENT 4: ADDITIONAL PROVISIONS
1 -The Proposer is responsible for providing the appropriate DIR classifications. Based on the scope, the City
has identified two classifications although 1 of the classifications would include 3 groups. Once again, the
proposer is responsible for providing the appropriate DIR classification, the classifications below are subject to
verification by the Proposer.
https://www.dir. ca. gov/opr112017-2/PWD/DeterminationsISouthern/SC-023-102-2.pdf
Laborer -Group 1 (Laborer, General Cleanup)
Laborer -Group 4 (Sandblaster (Nozzleman), Water Blasting, Port Shot -Blast)
Laborer -Group 5 (Toxic Waste Removal)
and
https://www.dir.ca.gov/opr]/Xwappwa eg /wage/17213687.pdf?VarWage1d=17230687
Terrazzo Finisher
3 -The following sites should be performed during the day time:
Building #10 (Site A)
East & West Malls (site C)
Santa Ana Library (Site D)
City Hall (site E)
Plaza of the Sun (site F)
Plaza of the Flags (site G)
Plaza of the Fountains (site H)
The follow sites may be performed during the night time:
All other areas
4-A copy of the street sweeping schedule can be found at the following website:
5-A complete listing of areas and square footage is not available. Essentially is it all paved public right of way
areas within the Civic Center Boundaries, unless specifically excluded.
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