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HomeMy WebLinkAboutItem 11 - Trash, Weeds, Rubbish, Sanitation Abatement, and Board-Up Services Planning and Building Agency 71 www.santa-ana.org/pba Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 5, 2025 TOPIC: Trash, Weeds, Rubbish, Sanitation Abatement, and Board-Up Services AGENDA TITLE Agreements with SLS Property Solutions, Inc., Real Estate Consulting & Services, Inc., Quality Sprayers, Inc., and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services for On-Call Trash, Weed, Rubbish, Sanitation Abatement, and Board-Up Services for the Planning and Building Agency (Specification No. 25-025) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with SLS Property Solutions, Inc., Real Estate Consulting & Services, Inc., Quality Sprayers, Inc., and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services for citywide on-call trash, weeds, rubbish, sanitation abatement and board up services in an aggregate amount not to exceed $450,000 for a term beginning August 5, 2025 and expiring August 4, 2028, with provisions for two, one-year renewal options (Core Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Code Enforcement Division is the primary division within the City of Santa Ana responsible for resolving public nuisances related to abandoned properties, illegal occupancy, vacant land, and unsecured buildings on residential, commercial, and public right-of-way areas, following approval from the Executive Director of the Planning and Building Agency. Beyond these, the Division addresses weed abatement, sanitation, and rubbish removal on occupied properties through legal administrative means. Large- scale abatement efforts may need the use of specialized machinery, including track loaders, truck and semi-end dump trailer combinations, water trucks, high-reach forklifts, stake bed trucks, and backhoes, especially when biohazardous materials are involved. Unmaintained properties—whether abandoned, substandard, or neglected—attract crime and vandalism, posing a significant threat to the health and safety of the surrounding community. These dangerous structures often become public nuisances, attracting graffiti, vermin, overgrown vegetation, dumping, encampments, and trespassing. Even abandoned swimming pools can become breeding grounds for Trash, Weeds, Rubbish, Sanitation Abatement, and Board Up Services August 5, 2025 Page 2 insects and a serious drowning risk. The Code Enforcement Division is responsible for investigating and resolving these hazardous conditions. This includes, but is not limited to, issues such as unsecured or open structures, vacant lots, unfenced parcels, overgrown vegetation, accumulated trash and debris, and unkempt swimming pools. As defined by California Health and Safety Code (Section 17920.3), these conditions create immediate dangers, severe blight, and threaten public life, health, property, and safety. In addition to the California Health and Safety Code, the Santa Ana Municipal Code (SAMC) designates all dangerous buildings or portions thereof as public nuisances. These nuisances must be corrected through repair, rehabilitation, demolition, or removal. When City inspections uncover such hazardous conditions, a formal notice is issued to the property owner, requiring them to remedy the issues promptly. If the owner fails to correct the hazardous conditions within the specified timeframe, the City may hire a contractor to perform the necessary abatement. This can include weed and sanitation clean-ups, boarding up structures, and other measures to secure the property. All costs associated with the abatement, along with administrative fees authorized by Santa Ana Municipal Code Chapter 17, are then billed to the property owner. Cost Recovery and Legal Action The City actively pursues reimbursement of all resulting abatement costs from the property owner. If these costs are not repaid in a timely manner, they are referred to the Orange County Tax Assessor to be recorded as a lien on the property. Furthermore, the City Attorney's Office may initiate criminal action against the property owner. Consultant Selection In some cases, the Code Enforcement Division hires qualified, experienced consultants for specific projects. Being on the City's pre-approved list does not guarantee work. Firms are selected based on their ability to perform the required work within specific timeframes and budget constraints. This streamlined approval process allows the City to quickly engage expert assistance, respond effectively to fluctuating demands, and ultimately provide better service to the City of Santa Ana. Request for Proposals (RFP) No. 25-085 was issued on June 3, 2025 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 1 Santa Ana vendor notified 22 Vendors downloaded the RFP packet 6 Proposals received 1 Proposal received from Santa Ana vendor Trash, Weeds, Rubbish, Sanitation Abatement, and Board Up Services August 5, 2025 Page 3 Proposals were solicited, opened on June 17, 2025, and evaluated. Six proposals were submitted by the RFP deadline and four (4) were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The proposal submitted by the vendor from Santa Ana was disqualified because it was incomplete and was not responsive to the RFP's pricing requirements. Staff recommends awarding the four (4) agreements with: SLS Property Solutions, Inc.; Real Estate Consulting & Services, Inc.; Quality Sprayers, Inc.; and Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services, which provided complete and qualifying responses to the City's RFP (Exhibits 1-4). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding will be available in current FY 25-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for the city Council Consideration. As noted in the Cost Recovery and Legal Action section, these costs are expected to be reimbursed by the property owner. Reimbursements will be deposited into Account 12116002-53507 (Planning's Special Repair/ Demolition — Emergency Repair Assessment). Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account# Description FY 25-26 12116540-62300 Non-General Fund Planning & Building, $100,000 August- June Community Preservation, Contract Services- Professional FY 26-27 12116540-62300 Non-General Fund Planning & Building, $100,000 Community Preservation, Contract Services- Professional FY 27-28 12116540-62300 Non-General Fund Planning & Building, $100,000 Community Preservation, Contract Services- Professional FY 28-29 12116540-62300 Non-General Fund Planning & Building, $75,000 Community Preservation, Contract Services- Professional FY 29-30 12116540-62300 Non-General Fund Planning & Building, $70,000 Community Preservation, Contract Services- Professional FY 30-31 12116540-62300 Non-General Fund Planning & Building, $5,000 July-August Community Preservation, Trash, Weeds, Rubbish, Sanitation Abatement, and Board Up Services August 5, 2025 Page 4 Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account# Description Contract Services- Professional Grand Total $450,000 EXHIBIT(S) 1. Agreement - SLS Property Solutions, Inc. 2. Agreement - Real Estate Consulting & Services, Inc 3. Agreement - Quality Sprayers, Inc. 4. Agreement - Hunter Consulting, Inc. DBA HCI Environmental & Engineering Services Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. TO PROVIDE ON-CALL TRASH,WEEDS, RUBBISH, SANITATION ABATEMENT, AND PROPERTY BOARD-UP SERVICES THIS AGREEMENT is made and entered into on this 51h day of August, 2025 by and between SLS Property Solutions, 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 June 3, 2025, City issued Request for Proposal ("RFP")No. 25-085 by which it sought qualified Contractors to provide on-call services for weeds, trash, rubbish, sanitation abatement, and property board-up services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-085 and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services. D. 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 On an on-call basis, and at the City's sole discretion, 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 in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under RFP 25-085. The total compensation for these services provided by all such Contractors selected under RFP Page 1 of 8 #2073677vl 25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) 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 15, below. 4. 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. 5. 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. 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 Page 2 of 8 #2073677vl 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. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements - Exhibit C 7. 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 Contractor, 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 Contractor'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 Contractor. 8. 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' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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 Page 3 of 8 #2073677vl 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. 10. 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 of the 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. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description Page 4 of 8 #2073677vl of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 tenors 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 Contractor. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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 Page 5 of 8 #2073677vl 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. 16. 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. 17. 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. 18. 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 8 #2073677v1 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Sarah L Strader, President SLS Property Solutions, Inc. 875 Iron Horse Dr., A-271 Park City, UT, 84060 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. 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. [signature page to follow] Page 7 of 8 #2073677vl IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written, ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney By: � �a ' Melissa M Crosthwaite S ah L Strader Senior Assistant City Attorney P sident RECOMMENDED FOR APPROVAL: Ali Pezeshkpour Executive Director Planning and Building Agency Page 8 of 8 #2073677vl EXHIBIT A SCOPE OF SERVICES #2073677v1 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. A. Security Measures 1) All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building. 2) Garage Doors and Openings at least 10'from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3) The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up. 4) The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5) ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws. B. Materials 1) Plywood, 1/2" (4 ply) exterior grade CDX 2) Braces - 2" by 4" by 8' (or longer) construction grade lumber 3) 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4) 3/8" (coarse thread) construction grade nuts CITY OF SANTA ANA 5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2"-3" deck nails and 2"-3" Star-drive screws; T-20, T-25, etc. C. Barrier Assembly 1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud.Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3) Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the windowjams. Prior to installation, the assembly should be pre-assembled and 3/8" holes drilled through all of the components. 4) Door Assembly—Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8" holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7) Garage Door—the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. r CITY OF SANTA ANA D. Window Boarding Specification 112"CDX PLYWOOD _- __-- CUT TO TO COVER 1--------- -----1 WINDOW OPENING SECURE TO STRUCTURE A �.I WITH 1-518"[fiD] GALVANIZED NAILS - - - - - - - - - - - - - 1 �' 1 I 2 X 4 BRACE 1 t ! OUT TO OUTSIDE DIMENSION OF 1 I WINDOW TRIM 1 1 1 I 2 X 4 BRACE 1 1 CUT TO SIZE OF 1 I PLYWOOD 1 1 i I 1 I 1 I 1 I 1 1 - - - - - - - - - - - - - 1 iF ------ 17 1 ■ _�r 1 I 1 1 A 1 318"CARRIAGE BOLT 12"LONGICOURSE THREAD ---------------- -----i NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES WINDOW-OUTSIDE VIEW ROUNDED HEAD OF BOLT ON OUTSIDE NOTES: 1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A= 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/31D (SEE DIMENSION LOCATIONS ON DRAWING) 7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. (2) CITY OF SANTA ANA E. Door Boarding Specifications I+'7'COX PLYWOOD f- CUT TO FIT AGAINST 1/2'COX PLYWOOD REMOVE TRIM AS ^r, DOOR BAND MOLDING OR CUT TO COVER DOOR NECESSARY TO 5. OUTSIDE OF DOOR FRAME FRAME AND MOLDING i ELIMINATE PRY POfN-- r---------------- ---, .---------------- ---- i 1 f r 1 77 1 1 r 1 1 C 1 1 1 1 [ 1 TOP � �-- 4-, - B __- 1 1 1 ! 1 1 r a 1 1 r 1 A I 1 r 1 2 X d BRACES 1 1 CUT TO SIZE OF ! 1 1 1 PLYWOOD ! 1 I 1 I 1 CENTER 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 A 12,LONG 3w I 1 1 1 1 1 1 1 CARRIAGE BOLT 1 1 1 1 WITH 1/2'WASHERS 1 1 1 1 ON BOTH SIDES ! 1 1 1 e BOTTOM • a k a 1 1 1 r i 1 1 1 1 1 1 r 1 --���..........---.---------- —1 eorrcM E7V.CE-Aarior+s.l ,_.. M*CARRIAGE BOLT DOOR-OUTSIDE VIEW WITH L2'WASHER DOOR-INSIDE VIEW NOTES: 1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7) USE 2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. CITY OF SANTA ANA F. Brace and Carriage Bolt Specification 1f2'COX PLYWOOD WS'USS STANDARD FLAT WASHER Irr USS STANDARD FLAT WASHER BRAG BRACE iI •i ' ROUNDED HEAD OF 3r9" CARRLkGE BOLT ON WEATHER SIDE OF OPENING CONSTRUCTION GRADE NUT COURSETHREAD 3W HOLE IN BRACE AND PLYWOOD-- PRE-DRILLED DURING FABRICATION 3I8`)C 12"CARRIAGE BOLT COURSE THREAD ROUNDED HEAD NOTES: 1) USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. G. Window Assembly MATERIALS REQUIRED PER WINDOW • 1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 -2X4 BRACES- CUT TO WIDTH OF PLYWOOD 4 -CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) (2) CITY OF SANTA ANA H. Door Assembly MATERIALS REQUIRED PER DOOR • 1 - 1/2" CDX PLYWOOD SHEET- CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET- CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) • 6—2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 -2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) • 6 -CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (No X 6) NUMBER OF BOTTOM BRACES REQUIRED: (No) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) I. Carriage Bolt Assembly MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY • 1 -3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT- COURSE THREAD • 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) • 1 -3/8" USS STANDARD FLAT WASHER (INSIDE) • 1 -3/8" CONSTRUCTION GRADE NUT- COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (BW+ BD) J. Removal of Trash and Debris 1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process. 2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris. (2) CITY OF SANTA ANA 3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals. 4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection. K. Fee Proposal Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. Fee proposal shall include: 1. Description of work (summarized scope of services) 2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below) 3. Schedule (from date of receiving a Notice to Proceed to task order completion) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable #2073677vl 6111WItAw SL.S PROPER I ) .SUL C T/OA'S. IA C. Solution Excellence COST PROPOSAL 9/9/:,ININ.IAF1.1.N.IIW 'I.Ii1 l/(/1. .S L\I I I A. ( 192-0l 11 11'I t..1'L.1'1'R!►/'!:R f}'.1!►/.1 l 1 11.1'.(!11/ 0 ,SL,S PRU PER TI .ti011 T10 \8, I \ ( SoIu fit, if /:xcellN nce• Fee Proposal for RFP 2S-08S Trash, Weeds, Rubbish&Sanitation Abatement and Board up Services-RFP No.:25-085- Exhibit 1 Scope of Services-Section K Fee Proposal Items 1 through 10. Amount 1) Board up cost of 1st standard window $234.40 Board up of each additional window thereafter $212.54 2) Board up cost of 1st single door opening $316.90 Board up of each additional door thereafter $294.12 3) Board up cost of a garage-our pricing assumes a single car garage (8'wide by 7"tall) roll up door. $438.77 4) Bolt,screw door,garages and windows $146.50 5) Chain and lock fee (3'of 5/16 galvanized chain and one combination padlock). $161.21 6) Weed abatement service: includes mow, hand weed,abatement, blow off sidewalks,edging and handwork of perimeter,disposal etc., (primarily neglected residential property) per hour rate. $243.86 7) Small scale-Debris removal service;cost per ton. Includes clean-up debris by hand, disposal(no heavy equipment). $990.24 7) Large Scale- Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders,Truck and semi-end dump trailer combinations,Water trucks, high reach fork-lifts, stake bed trucks, backhoes,skip loaders,tractors, and additional service trucks and machinery to assist. Our rate includes one track skid steer with a grapple bucket,one skid steer operator,two general laborers doing hand work, one super 10 end dump-dump truck and driver. $12,536.01 9)Travel charge per hour $192.24 10) After hour charge per hour $248.41 Optional pricing Option 1-2 car garage $931.78 Option 2- Padlock only $124.63 Options 3 Padlock and a hasp $150.86 419 k.IXT S,1 A"1.1.JX I K(1(L V IRR,8.IA 1A.IX 1. C 1 92 701 111171A/.N1'R0/'LRT)'.V0L( 110A A'u.1/ EXHIBIT C INSURANCE REQUIREMENTS #2073677v1 Exhibit C—Insurance Requirements Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l(any auto), with combined single limit no less than $2,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased,hired,or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. Exhibit C—Insurance Requirements 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers"by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended,voided,reduced in scope or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Exhibit C— Insurance Requirements Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub-Contractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. EXHIBIT 2 AGREEMENT WITH REAL ESTATE CONSULTING & SERVICES, INC. TO PROVIDE ON-CALL TRASH, WEEDS, RUBBISH, SANITATION ABATEMENT, AND PROPERTY BOARD-UP SERVICES THIS AGREEMENT is made and entered into on this 5h day of August, 2025 by and between Real Estate Consulting & 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 June 3, 2025, City issued Request for Proposal ("RFP")No. 25-085 by which it sought qualified Contractors to provide on-call services for weeds, trash, rubbish, sanitation abatement, and property board-up services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-085 and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services. D. 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 On an on-call basis, and at the City's sole discretion, 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 in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under RFP 25-085. The total compensation for these services provided by all such Contractors selected under RFP Page 1 of 8 #2073729v2 25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) 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 15, below. 4. 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. 5. 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. 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 Page 2 of 8 #2073729v2 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. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements - Exhibit C 7. 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 Contractor, 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 Contractor'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 Contractor. 8. 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' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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 Page 3 of 8 #2073729v2 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. 10. 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 of the 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. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description Page 4 of 8 #2073729v2 of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 tenors 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 Contractor. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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 Page 5 of 8 #2073729v2 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. 16. 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. 17. 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. 18. 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 8 #2073729v2 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Jeffery Coss, President Real Estate Consulting & Services, Inc. 18345 Pasadena Street Lake Elsinore, CA, 92530 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. 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. [signature page to follow] Page 7 of 8 #2073729v2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney By: Melissa M Crosthwaite Jeffery Coss Senior Assistant City Attorney President RECOMMENDED FOR APPROVAL: Ali Pezeshkpour Executive Director Planning and Building Agency Page 8 of 8 #2073729v2 EXHIBIT A SCOPE OF SERVICES #2073729v2 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. A. Security Measures 1) All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building. 2) Garage Doors and Openings at least 10'from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3) The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up. 4) The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5) ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws. B. Materials 1) Plywood, 1/2" (4 ply) exterior grade CDX 2) Braces - 2" by 4" by 8' (or longer) construction grade lumber 3) 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4) 3/8" (coarse thread) construction grade nuts CITY OF SANTA ANA 5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2"-3" deck nails and 2"-3" Star-drive screws; T-20, T-25, etc. C. Barrier Assembly 1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud.Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3) Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the windowjams. Prior to installation, the assembly should be pre-assembled and 3/8" holes drilled through all of the components. 4) Door Assembly—Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8" holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7) Garage Door—the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. r CITY OF SANTA ANA D. Window Boarding Specification 112"CDX PLYWOOD _- __-- CUT TO TO COVER 1--------- -----1 WINDOW OPENING SECURE TO STRUCTURE A �.I WITH 1-518"[fiD] GALVANIZED NAILS - - - - - - - - - - - - - 1 �' 1 I 2 X 4 BRACE 1 t ! OUT TO OUTSIDE DIMENSION OF 1 I WINDOW TRIM 1 1 1 I 2 X 4 BRACE 1 1 CUT TO SIZE OF 1 I PLYWOOD 1 1 i I 1 I 1 I 1 I 1 1 - - - - - - - - - - - - - 1 iF ------ 17 1 ■ _�r 1 I 1 1 A 1 318"CARRIAGE BOLT 12"LONGICOURSE THREAD ---------------- -----i NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES WINDOW-OUTSIDE VIEW ROUNDED HEAD OF BOLT ON OUTSIDE NOTES: 1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A= 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/31D (SEE DIMENSION LOCATIONS ON DRAWING) 7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. (2) CITY OF SANTA ANA E. Door Boarding Specifications I+'7'COX PLYWOOD f- CUT TO FIT AGAINST 1/2'COX PLYWOOD REMOVE TRIM AS ^r, DOOR BAND MOLDING OR CUT TO COVER DOOR NECESSARY TO 5. OUTSIDE OF DOOR FRAME FRAME AND MOLDING i ELIMINATE PRY POfN-- r---------------- ---, .---------------- ---- i 1 f r 1 77 1 1 r 1 1 C 1 1 1 1 [ 1 TOP � �-- 4-, - B __- 1 1 1 ! 1 1 r a 1 1 r 1 A I 1 r 1 2 X d BRACES 1 1 CUT TO SIZE OF ! 1 1 1 PLYWOOD ! 1 I 1 I 1 CENTER 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 A 12,LONG 3w I 1 1 1 1 1 1 1 CARRIAGE BOLT 1 1 1 1 WITH 1/2'WASHERS 1 1 1 1 ON BOTH SIDES ! 1 1 1 e BOTTOM • a k a 1 1 1 r i 1 1 1 1 1 1 r 1 --���..........---.---------- —1 eorrcM E7V.CE-Aarior+s.l ,_.. M*CARRIAGE BOLT DOOR-OUTSIDE VIEW WITH L2'WASHER DOOR-INSIDE VIEW NOTES: 1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7) USE 2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. CITY OF SANTA ANA F. Brace and Carriage Bolt Specification 1f2'COX PLYWOOD WS'USS STANDARD FLAT WASHER Irr USS STANDARD FLAT WASHER BRAG BRACE iI •i ' ROUNDED HEAD OF 3r9" CARRLkGE BOLT ON WEATHER SIDE OF OPENING CONSTRUCTION GRADE NUT COURSETHREAD 3W HOLE IN BRACE AND PLYWOOD-- PRE-DRILLED DURING FABRICATION 3I8`)C 12"CARRIAGE BOLT COURSE THREAD ROUNDED HEAD NOTES: 1) USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. G. Window Assembly MATERIALS REQUIRED PER WINDOW • 1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 -2X4 BRACES- CUT TO WIDTH OF PLYWOOD 4 -CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) (2) CITY OF SANTA ANA H. Door Assembly MATERIALS REQUIRED PER DOOR • 1 - 1/2" CDX PLYWOOD SHEET- CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET- CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) • 6—2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 -2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) • 6 -CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (No X 6) NUMBER OF BOTTOM BRACES REQUIRED: (No) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) I. Carriage Bolt Assembly MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY • 1 -3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT- COURSE THREAD • 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) • 1 -3/8" USS STANDARD FLAT WASHER (INSIDE) • 1 -3/8" CONSTRUCTION GRADE NUT- COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (BW+ BD) J. Removal of Trash and Debris 1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process. 2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris. (2) CITY OF SANTA ANA 3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals. 4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection. K. Fee Proposal Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. Fee proposal shall include: 1. Description of work (summarized scope of services) 2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below) 3. Schedule (from date of receiving a Notice to Proceed to task order completion) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable #2073729v2 4/!Mm ►�1 REAL ESTATE CONSULTING&SERVICES,INC. PROPERTY MANAGEMENT&FACILITIES MAINTENANCE TO QUAL/' SECTION 1 COST PROPOSAL RATE AND SERVICE STRUCTURE- Fee Structure (Flat rate and hourly rate) for the following services: 1. Board-up cost of 1st standard window/(1) each additional window thereafter$175 1'window,$125 each additional 2. Board up cost of 1st single door opening/(1) each additional door thereafter$175 1'window,$125 each additional 3. Board up cost of a garage $450 4. Bolt, screw door, garages and windows $25 5. Chain and lock fee$50 6. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate $60/hr 7. Small scale- Debris removal service; cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment) $250/ton 8. Large Scale- Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders,Truck and semi-end dump trailer combinations,Water trucks, High Reach fork-lifts, Stake bed trucks, backhoes, skip loaders,tractors, and additional service trucks and machinery to assist. Evaluation and analysis will be based on submittal of proposal and all identified costs, including any and all costs related to collect and dispose items. Varies based on Equipment Needed. 9.Travel charge$200 10. After hour charge Rates listed in Section 2 SECTION 2 18345 Pasadena Street,Lake Elsinore,CA 92530 Ph: 714-571-0175 Fax: 714-558-0404 www.consuhnserve.corn 4/!Mm ►�1 REAL ESTATE CONSULTING&SERVICES,INC. PROPERTY MANAGEMENT&FACILITIES MAINTENANCE TO QUAL 1. Board-up of vacant dangerous building according to adopted City of Santa Ana requirements Line-Item Billing Rates 7am to 6pm $95/hr. 6:01pm to 6:59am including Saturdays $125/hr. Sundays and Holidays $190/hr. 2. Resecuring of buildings after intrusions and/or other activities (removal and replacement of locks, etc) Line-Item Billing Rates 7am to 6pm $95/hr. 6:01pm to 6:59am including Saturdays $125/hr. Sundays and Holidays $190/hr. 3. Debris clean-up of vandalized or fire damaged structures Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr. 4. Abatement/removal of graffiti (paint to match) Line-Item Billing Rates 7am to 6pm $95/hr. 6:01pm to 6:59am including Saturdays $125/hr. Sundays and Holidays $190/hr. 5. Weed abatement and trash removal Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr. 6. Fence repair or replacement (all types) Line-Item Billing Rates Foreman $95/hr. Laborer $85/h r. 7. Removal of equipment, furniture or other types of household goods and private property from illegal storage locations Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr 8. Maintenance or removal of landscape to include large shrubs and tree trimming Line-Item Billing Rates $80/hr.foreman $40/hr. laborer 9. Miscellaneous clean-up (removal of illegal non-hazardous pumps), repair, painting, light handyman tasks, and hauling Line-Item Billing Rates 7am to 6pm $95/hr. 6:01pm to 6:59am including Saturdays $125/hr. Sundays and Holidays $190/hr 18345 Pasadena Street,Lake Elsinore,CA 92530 Ph: 714-571-0175 Fax: 714-558-0404 www.consultnserve.com 4/!Mm ►�1 REAL ESTATE CONSULTING&SERVICES,INC. PROPERTY MANAGEMENT&FACILITIES MAINTENANCE M QUA(. 10. Installations and/or inspection of irrigation systems, meters,timing devices, etc. Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr. 11. Installation and/or inspections of plant material,trees, shrubs, turf, or other types of vegetation, or ground cover Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr. 12. Sign installation or removal Line-Item Billing Rates Foreman $80/hr. Laborer $40/hr. 13. Drainage of stagnant swimming pools Line-Item Billing Rates Pool $800 Spa $200 18345 Pasadena Street,Lake Elsinore,CA 92530 Ph: 714-571-0175 Fax: 714-558-0404 www.consultrIserve.com EXHIBIT C INSURANCE REQUIREMENTS #2073729v2 Exhibit C—Insurance Requirements Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l(any auto), with combined single limit no less than $2,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased,hired,or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. Exhibit C—Insurance Requirements 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers"by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended,voided,reduced in scope or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Exhibit C— Insurance Requirements Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub-Contractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. EXHIBIT 3 AGREEMENT WITH QUALITY SPRAYERS, INC. TO PROVIDE ON-CALL TRASH,WEEDS, RUBBISH, SANITATION ABATEMENT, AND PROPERTY BOARD-UP SERVICES THIS AGREEMENT is made and entered into on this 5h day of August, 2025 by and between Quality Sprayers,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 June 3, 2025, City issued Request for Proposal ("RFP")No. 25-085 by which it sought qualified Contractors to provide on-call services for weeds, trash, rubbish, sanitation abatement, and property board-up services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-085 and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services. D. 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 On an on-call basis, and at the City's sole discretion, 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 in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under RFP 25-085. The total compensation for these services provided by all such Contractors selected under RFP Page 1 of 8 #2073740v2 25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) 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 15, below. 4. 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. 5. 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. 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 Page 2 of 8 #2073740v2 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. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements - Exhibit C 7. 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 Contractor, 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 Contractor'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 Contractor. 8. 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' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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 Page 3 of 8 #2073740v2 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. 10. 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 of the 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. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description Page 4 of 8 #2073740v2 of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 tenors 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 Contractor. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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 Page 5 of 8 #2073740v2 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. 16. 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. 17. 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. 18. 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 8 #2073740v2 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Jasen Higbee General Manager Quality Sprayer, Inc. 675 N. Euclid #498 Anaheim, CA, 92806 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. 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. [signature page to follow] Page 7 of 8 #2073740v2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above .written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney By: - Melissa M Crosthwaite Ahen#4gbee Senior Assistant City Attorney Gen I Manager RECOMMENDED FOR APPROVAL: Ali Pezeshkpour Executive Director Planning and Building Agency Page S of S #2073740v2 EXHIBIT A SCOPE OF SERVICES #2073740v2 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. A. Security Measures 1) All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building. 2) Garage Doors and Openings at least 10'from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3) The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up. 4) The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5) ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws. B. Materials 1) Plywood, 1/2" (4 ply) exterior grade CDX 2) Braces - 2" by 4" by 8' (or longer) construction grade lumber 3) 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4) 3/8" (coarse thread) construction grade nuts CITY OF SANTA ANA 5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2"-3" deck nails and 2"-3" Star-drive screws; T-20, T-25, etc. C. Barrier Assembly 1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud.Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3) Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the windowjams. Prior to installation, the assembly should be pre-assembled and 3/8" holes drilled through all of the components. 4) Door Assembly—Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8" holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7) Garage Door—the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. r CITY OF SANTA ANA D. Window Boarding Specification 112"CDX PLYWOOD _- __-- CUT TO TO COVER 1--------- -----1 WINDOW OPENING SECURE TO STRUCTURE A �.I WITH 1-518"[fiD] GALVANIZED NAILS - - - - - - - - - - - - - 1 �' 1 I 2 X 4 BRACE 1 t ! OUT TO OUTSIDE DIMENSION OF 1 I WINDOW TRIM 1 1 1 I 2 X 4 BRACE 1 1 CUT TO SIZE OF 1 I PLYWOOD 1 1 i I 1 I 1 I 1 I 1 1 - - - - - - - - - - - - - 1 iF ------ 17 1 ■ _�r 1 I 1 1 A 1 318"CARRIAGE BOLT 12"LONGICOURSE THREAD ---------------- -----i NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES WINDOW-OUTSIDE VIEW ROUNDED HEAD OF BOLT ON OUTSIDE NOTES: 1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A= 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/31D (SEE DIMENSION LOCATIONS ON DRAWING) 7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. (2) CITY OF SANTA ANA E. Door Boarding Specifications I+'7'COX PLYWOOD f- CUT TO FIT AGAINST 1/2'COX PLYWOOD REMOVE TRIM AS ^r, DOOR BAND MOLDING OR CUT TO COVER DOOR NECESSARY TO 5. OUTSIDE OF DOOR FRAME FRAME AND MOLDING i ELIMINATE PRY POfN-- r---------------- ---, .---------------- ---- i 1 f r 1 77 1 1 r 1 1 C 1 1 1 1 [ 1 TOP � �-- 4-, - B __- 1 1 1 ! 1 1 r a 1 1 r 1 A I 1 r 1 2 X d BRACES 1 1 CUT TO SIZE OF ! 1 1 1 PLYWOOD ! 1 I 1 I 1 CENTER 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 A 12,LONG 3w I 1 1 1 1 1 1 1 CARRIAGE BOLT 1 1 1 1 WITH 1/2'WASHERS 1 1 1 1 ON BOTH SIDES ! 1 1 1 e BOTTOM • a k a 1 1 1 r i 1 1 1 1 1 1 r 1 --���..........---.---------- —1 eorrcM E7V.CE-Aarior+s.l ,_.. M*CARRIAGE BOLT DOOR-OUTSIDE VIEW WITH L2'WASHER DOOR-INSIDE VIEW NOTES: 1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7) USE 2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. CITY OF SANTA ANA F. Brace and Carriage Bolt Specification 1f2'COX PLYWOOD WS'USS STANDARD FLAT WASHER Irr USS STANDARD FLAT WASHER BRAG BRACE iI •i ' ROUNDED HEAD OF 3r9" CARRLkGE BOLT ON WEATHER SIDE OF OPENING CONSTRUCTION GRADE NUT COURSETHREAD 3W HOLE IN BRACE AND PLYWOOD-- PRE-DRILLED DURING FABRICATION 3I8`)C 12"CARRIAGE BOLT COURSE THREAD ROUNDED HEAD NOTES: 1) USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. G. Window Assembly MATERIALS REQUIRED PER WINDOW • 1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 -2X4 BRACES- CUT TO WIDTH OF PLYWOOD 4 -CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) (2) CITY OF SANTA ANA H. Door Assembly MATERIALS REQUIRED PER DOOR • 1 - 1/2" CDX PLYWOOD SHEET- CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET- CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) • 6—2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 -2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) • 6 -CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (No X 6) NUMBER OF BOTTOM BRACES REQUIRED: (No) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) I. Carriage Bolt Assembly MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY • 1 -3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT- COURSE THREAD • 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) • 1 -3/8" USS STANDARD FLAT WASHER (INSIDE) • 1 -3/8" CONSTRUCTION GRADE NUT- COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (BW+ BD) J. Removal of Trash and Debris 1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process. 2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris. (2) CITY OF SANTA ANA 3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals. 4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection. K. Fee Proposal Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. Fee proposal shall include: 1. Description of work (summarized scope of services) 2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below) 3. Schedule (from date of receiving a Notice to Proceed to task order completion) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable #2073740v2 ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Quality Sprayer, Inc. 844-783-8361 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 675 N Euclid st#498 Anaheim, Ca 92801 BUSINESS ADDRESS Jasen Higbee General Manager PRINTED NAME OF AUTHORIZED AGENT TITLE 6/17/2025 Jasen@qualitysprayers.com SIGN/ URE OF AUTH IZED AGENT DATE E-MAIL ADDRESS 95-2677910 734992 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) N/A CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP No.25-085 Page 35 of 43 Fee Proposal Hourly Rate Charge $120.00 per person per hour Board-up cost of 1st standard window/(1) each additional window thereafter (see Exhibit I. Scope of Services) First Window $900 Each additional Window $750 Board up cost of 1st single door opening/(1) each additional door thereafter (see Exhibit I. Scope of Services) First Door $1,500 Each Additional Door $900 Board of cost of a garage Garage Board up $7,000 Bolt, screw door, garages and windows Hardware charge $450 per site Chain and lock fee Chain and Lock $300 Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate $120.00 per person per hour Small scale- Debris removal service; cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment) $120.00 per person per hour $900 Per ton Large Scale- Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders,Truck and semi-end dump trailer combinations, Water trucks, High Reach fork-lifts,Stake bed trucks, backhoes, skip loaders, tractors, and additional service trucks and machinery to assist. Evaluation and analysis will be based on submittal of proposal and all identified costs, including any and all costs related to collect and dispose items. $285 Per hour heave equipment opera $150 Per hour skilled Labor $7,500 per day fee $4,000 per ton waste removal fee $TBD Based on size of job Travel charge $0 After hour charge $750 per hour EXHIBIT C INSURANCE REQUIREMENTS #2073740v2 Exhibit C—Insurance Requirements Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l(any auto), with combined single limit no less than $2,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased,hired,or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. Exhibit C—Insurance Requirements 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers"by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended,voided,reduced in scope or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Exhibit C— Insurance Requirements Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub-Contractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. EXHIBIT 4 AGREEMENT WITH HUNTER CONSULTING, INC. TO PROVIDE ON-CALL TRASH,WEEDS, RUBBISH, SANITATION ABATEMENT, AND PROPERTY BOARD-UP SERVICES THIS AGREEMENT is made and entered into on this 5h day of August, 2025 by and between Hunter Consulting, Inc., a California corporation dba HCI Environmental&Engineering Services ("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 June 3, 2025, City issued Request for Proposal ("RFP")No. 25-085 by which it sought qualified Contractors to provide on-call services for weeds, trash, rubbish, sanitation abatement, and property board-up services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-085 and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached herein to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those Contractors approved by the City Council on August 5, 2025 shall be eligible to be engaged by the City for these services. D. 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 On an on-call basis, and at the City's sole discretion, 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 in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under RFP 25-085. The total compensation for these services provided by all such Contractors selected under RFP Page 1 of 8 #2073734v2 25-085 shall not exceed the shared aggregate amount of Four Hundred and Fifty Thousand Dollars ($450,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) 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 15, below. 4. 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. 5. 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. 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 Page 2 of 8 #2073734v2 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. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements - Exhibit C 7. 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 Contractor, 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 Contractor'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 Contractor. 8. 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' letters patent,trademark, or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. 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 Page 3 of 8 #2073734v2 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. 10. 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 of the 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. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description Page 4 of 8 #2073734v2 of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 terms 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 Contractor. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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 Page 5 of 8 #2073734v2 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. 16. 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. 17. 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. 18. 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 8 #2073734v2 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Gregory J. Parker President/CEO Hunter Consulting, Inc. 1680 Commerce St Corona, CA, 92880 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. 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. [signature page to follow] Page 7 of 8 #2073734v2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney By: Melissa M Crosthwaite Gregory J. Parker Senior Assistant City Attorney President/CEO RECOMMENDED FOR APPROVAL: Ali Pezeshkpour Executive Director Planning and Building Agency Page 8 of 8 #2073734v2 EXHIBIT A SCOPE OF SERVICES #2073734v2 CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. A. Security Measures 1) All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building. 2) Garage Doors and Openings at least 10'from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3) The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up. 4) The Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5) ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws. B. Materials 1) Plywood, 1/2" (4 ply) exterior grade CDX 2) Braces - 2" by 4" by 8' (or longer) construction grade lumber 3) 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4) 3/8" (coarse thread) construction grade nuts CITY OF SANTA ANA 5) 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6) 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7) Combination of 2"-3" deck nails and 2"-3" Star-drive screws; T-20, T-25, etc. C. Barrier Assembly 1) Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud.Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2) The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3) Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the windowjams. Prior to installation, the assembly should be pre-assembled and 3/8" holes drilled through all of the components. 4) Door Assembly—Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre- assembled and 3/8" holes drilled through all of the components. 5) Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6) The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7) Garage Door—the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. r CITY OF SANTA ANA D. Window Boarding Specification 112"CDX PLYWOOD _- __-- CUT TO TO COVER 1--------- -----1 WINDOW OPENING SECURE TO STRUCTURE A �.I WITH 1-518"[fiD] GALVANIZED NAILS - - - - - - - - - - - - - 1 �' 1 I 2 X 4 BRACE 1 t ! OUT TO OUTSIDE DIMENSION OF 1 I WINDOW TRIM 1 1 1 I 2 X 4 BRACE 1 1 CUT TO SIZE OF 1 I PLYWOOD 1 1 i I 1 I 1 I 1 I 1 1 - - - - - - - - - - - - - 1 iF ------ 17 1 ■ _�r 1 I 1 1 A 1 318"CARRIAGE BOLT 12"LONGICOURSE THREAD ---------------- -----i NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES WINDOW-OUTSIDE VIEW ROUNDED HEAD OF BOLT ON OUTSIDE NOTES: 1) FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2) STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3) OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5) BRACE LOCATIONS: A= 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6) LOCATION OF BOLT HOLES: C = 1/31D (SEE DIMENSION LOCATIONS ON DRAWING) 7) THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. (2) CITY OF SANTA ANA E. Door Boarding Specifications I+'7'COX PLYWOOD f- CUT TO FIT AGAINST 1/2'COX PLYWOOD REMOVE TRIM AS ^r, DOOR BAND MOLDING OR CUT TO COVER DOOR NECESSARY TO 5. OUTSIDE OF DOOR FRAME FRAME AND MOLDING i ELIMINATE PRY POfN-- r---------------- ---, .---------------- ---- i 1 f r 1 77 1 1 r 1 1 C 1 1 1 1 [ 1 TOP � �-- 4-, - B __- 1 1 1 ! 1 1 r a 1 1 r 1 A I 1 r 1 2 X d BRACES 1 1 CUT TO SIZE OF ! 1 1 1 PLYWOOD ! 1 I 1 I 1 CENTER 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 A 12,LONG 3w I 1 1 1 1 1 1 1 CARRIAGE BOLT 1 1 1 1 WITH 1/2'WASHERS 1 1 1 1 ON BOTH SIDES ! 1 1 1 e BOTTOM • a k a 1 1 1 r i 1 1 1 1 1 1 r 1 --���..........---.---------- —1 eorrcM E7V.CE-Aarior+s.l ,_.. M*CARRIAGE BOLT DOOR-OUTSIDE VIEW WITH L2'WASHER DOOR-INSIDE VIEW NOTES: 1) IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4) IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5) BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6) CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7) USE 2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. CITY OF SANTA ANA F. Brace and Carriage Bolt Specification 1f2'COX PLYWOOD WS'USS STANDARD FLAT WASHER Irr USS STANDARD FLAT WASHER BRAG BRACE iI •i ' ROUNDED HEAD OF 3r9" CARRLkGE BOLT ON WEATHER SIDE OF OPENING CONSTRUCTION GRADE NUT COURSETHREAD 3W HOLE IN BRACE AND PLYWOOD-- PRE-DRILLED DURING FABRICATION 3I8`)C 12"CARRIAGE BOLT COURSE THREAD ROUNDED HEAD NOTES: 1) USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2) USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3) TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4) USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. G. Window Assembly MATERIALS REQUIRED PER WINDOW • 1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE) 4 -2X4 BRACES- CUT TO WIDTH OF PLYWOOD 4 -CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) (2) CITY OF SANTA ANA H. Door Assembly MATERIALS REQUIRED PER DOOR • 1 - 1/2" CDX PLYWOOD SHEET- CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET- CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) • 6—2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 -2X4 BOTTOM BRACE- CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) • 6 -CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (No X 6) NUMBER OF BOTTOM BRACES REQUIRED: (No) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) I. Carriage Bolt Assembly MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY • 1 -3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT- COURSE THREAD • 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) • 1 -3/8" USS STANDARD FLAT WASHER (INSIDE) • 1 -3/8" CONSTRUCTION GRADE NUT- COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (BW+ BD) J. Removal of Trash and Debris 1) The Contractor shall be responsible for the removal and proper disposal of all trash, debris, and waste materials generated during the demolition of any structure under this Agreement. This includes, but is not limited to, construction materials, rubble, hazardous waste, and any other by- products of the demolition process. 2) All trash and trash and debris must be removed from the site within seven (7) days following the completion of demolition activities. The Contractor shall ensure the site is left in a clean and orderly condition, free of any remaining debris. (2) CITY OF SANTA ANA 3) Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the handling, transportation, and disposal of demolition debris, including obtaining any required permits and approvals. 4) The removal of trash and debris shall be subject to inspection and approval by the Director of the Santa Ana Planning and Building Agency, or their designee. The Contractor shall promptly address any deficiencies identified during such inspection. K. Fee Proposal Contractor shall submit a fee proposal as described below. This fee proposal shall be based on ON- CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. Fee proposal shall include: 1. Description of work (summarized scope of services) 2. All costs, fees and other anticipated expenses, and total cost of the services (per spreadsheet below) 3. Schedule (from date of receiving a Notice to Proceed to task order completion) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable #2073734v2 Q Rate and Service Structure HCi HAZMAT TEAM 1. Board up cost of 1 st standard window/(1) additional window thereafter $1,465.00 Flat Rate (Max 4 hours. Additional time after 4 hrs resorts to hourly rate) $366.00 Hourly Rate (4 hour minimum) 2. Board up cost of 1 st single door opening/(1) each additional door thereafter $1,575.00 Flat Rate (Max 4 hours. Additional time after 4 hrs resorts to hourly rate) $394.00 Hourly Rate (4 hour minimum) 3. Board up of cost of garage (standard 2 car garage door-17x17) $2,604.00 Flat Rate per garage door $651.00 Hourly Rate (4 hour minimum) 4. Bolt, screw door, garages and windows. $35.00 per bolt & screws 5. Chain and lock fee $98.00 per set 6. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handiwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate $1,542.00 Flat Rate $385.00 Hourly Rate (4 hour minimum) 7. Small Scale- Debris removal service. Cost per ton. Includes clean up debris by hand, disposal (no heavy equipment) $2,163.00 Flat Rate-based on 2 technicians/4 hr max, no equipment and disposal at cost plus 35% $541.00 Hourly Rate for 2 additional technicians 8. Large Scale-Debris removal service unpermitted encampments. Cost of heavy equipment that include but may not be limited to track loarders, truck and semi end dump trailer combnations, water trucks, high reach fork-lifts, stake bed trucks, backhoes, skip loaders, tractors, and additiona service trucks and machinery to assist,. Evaluation and analysis will be based on sumittal of proposal and all identified costs, include any and all costs related to collect and dispose of items. Due to the variable nature of large-scale debris removal at unpermitted encampments, we propose utilizing our standardized menu pricing structure for homeless encampment cleanups. This pricing model includes rates for all necessary equipment, labor, and disposal services—such as track loaders, backhoes, water trucks, skip loaders, end dump trailers, forklifts, and other support vehicles or machinery. By using the menu pricing model, we are able to provide transparent, itemized costs based on actual services rendered, ensuring flexibility and accuracy when the scope of work cannot be precisely determined in advance. Our proposal includes a copy of our current pricing menu for your review and evaluation. 9. Travel Charge $795.00 (per location/per tech-based on 4 hours) 10.After hour charge $1,100.00 (per truck/per tech- based on 4 hours) Manifest fee- ' Mob and Demob of equipment-$600.00 (per each) Bio-Hazardous Waste containers-$60.00 (44g drum) Bio-Hazrdous misc supplies & PPE-$135.00 (per technician) Bio-Hazardous Waste disposal-Cost +35% Hazardous Waste disposal and transportation-Cost +35% See attached additional pricing EXHIBIT C INSURANCE REQUIREMENTS #2073734v2 Exhibit C—Insurance Requirements Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l(any auto), with combined single limit no less than $2,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased,hired,or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. Exhibit C—Insurance Requirements 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers"by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended,voided,reduced in scope or in limits,non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Planning and Building Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Exhibit C— Insurance Requirements Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub-Contractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.