HomeMy WebLinkAboutItem 17 - Agreement for Litter, Debris, and Encampment Removal Services on Caltrans Right-of-WayPublic Works Agency
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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Service Agreement for Litter, Debris, and Encampment Removal Services on
Caltrans Right -of -Way
AGENDA TITLE
Agreement with Landscape West Management Services, Inc. to Perform Litter, Debris,
and Encampment Removal Services Related to Encampment Delegated Maintenance
Agreement with the California Department of Transportation (Project No. 26-6423)
(Specification No. 25-116) (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Landscape West Management
Services, Inc. to perform litter, debris, and encampment removal services within the
California Department of Transportation right-of-way locations, for a total amount not -to -
exceed $400,000, for the term beginning November 4, 2025 and expiring June 30, 2027
(Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On August 19, 2025, City Council authorized the execution of the Encampment Delegated
Maintenance Agreement (EDMA) (Project No. 26-6423) (Exhibit 1) with the California
Department of Transportation (Caltrans). The EDMA allows the City to perform
maintenance services, such as encampment removal, weed abatement, graffiti removal,
and trash and debris removal on specified State ROW locations, and to be reimbursed
up to $200,000 per year, for two years, not -to -exceed $400,000.
Request for Proposals (RFP) No. 25-116 was issued on August 20, 2025 on the City's
online bid management and publication system, Planetbids (Exhibit 2). A summary of
vendor participation and results is as follows:
771 Vendors notified
2 Santa Ana vendors notified
51 Vendors downloaded the RFP packet
4 Responsive proposals received
0 Responsive proposals received from Santa Ana vendors
Litter, Debris, and Encampment Removal Services on Caltrans Right -of -Way
November 4, 2025
Page 2
Proposals were opened on September 18, 2025 and evaluated. Four proposals were
submitted by the RFP deadline and 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.
Local Outreach Efforts
The Purchasing Division advertised this project on the City's online bid management and
publication system, which directly notified two Santa Ana vendors. No Santa Ana vendors
downloaded the RFP or submitted a bid for consideration.
Firm
City
Rank
Landscape West Management Services, Inc.
Anaheim, CA
1
Parkwood Landscape Maintenance, Inc.
Van Nuys, CA
2
United Storm Water, Inc.
City of Industry, CA
3
South County Landscapes Inc.
San Juan Capistrano, CA
4
Staff recommends awarding an agreement to the highest -ranked firm, Landscape West
Management Services, Inc. (Exhibit 3). The proposal submitted by Landscape West
Management Services, Inc. demonstrates they possess experienced and trained
personnel to perform all duties required in the scope of work. Their cost proposal is the
most competitive which provides the City with the best value and use of available budget.
Additionally, Landscape West Management Services, Inc. has made large investments in
the City of Santa Ana by leasing several properties to perform median landscaping and
QOLT services for the City. Having access to local resources and staging points within
City limits ensures sites are cleaned rapidly and efficiently and allows deployment of staff
within five days of executing the contract.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and available for this item in the following account for Fiscal Year
2025-26. As indicated in the discussion, expenditures will be reimbursed by Caltrans per
the Encampment Delegated Maintenance Agreement (Project No. 26-6423), therefore
there will be no net impact to the City's budget. Remaining project balances not expended
by the end of the fiscal year will be presented to City Council for approval of carryovers
to Fiscal Year 2026-27.
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit- Account #
Description
Account Description
05317021-62300
Public Works Agency
2025-26
(26-6423)
City Services
Services, Contract
$200,000
Services Professional
Litter, Debris, and Encampment Removal Services on Caltrans Right -of -Way
November 4, 2025
Page 3
05317021-62300
Public Works Agency
2026-27
(26-6423)
City Services
Services, Contract
$200,000
Services Professional
TOTAL
$400,000
EXHIBIT(S)
1. Caltrans - Encampment Delegated Maintenance Agreement
2. Request for Proposals No. 25-116
3. Agreement with Landscape West Management Services, Inc.
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency
Approved By: Alvaro Nunez, City Manager
Ii1S"CE NOT REQUIRED
'"RK fYRY PROCEED
UTY CLEft
DATE: " AUG 2 8 2025
ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT
WITH THE CITY OF SANTA ANA
A-2025-141
This ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT ("AGREEMENT") is
made by and between the State of California, acting by and through the
Department of Transportation ("STATE") and the City of Santa Ana ("LOCAL
AGENCY"); each may be referred to individually as a "PARTY" and jointly as
"PARTIES."
RECITALS
1. This AGREEMENT will identify specific maintenance functions the
LOCAL AGENCY will perform in the STATE right of way, including highway
and freeway areas situated within STATE's jurisdictional limits as authorized
under Streets and Highways Code Section 114 and 116.
2. This AGREEMENT does not supersede any Maintenance Agreements
executed by the PARTIES.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform maintenance
operations as set forth in this AGREEMENT, at the State Route(s) identified
in Exhibit A. Maintenance operations include the removal of
encampments, litter, debris, weeds and graffiti.
2. Prior Delegated Maintenance Agreements. This AGREEMENT does not
supersede the PARTIES' any prior Delegated Maintenance Agreement(s)
or Maintenance Agreements executed by the PARTIES. The previous
agreements shall remain in full force and effect.
3. Maintenance Standards. LOCAL AGENCY shall perform all "maintenance"
as defined in Streets and Highways Code Section 27 and in compliance
with the standards set forth in STATE policies, procedures and
specifications in effect and as amended. LOCAL AGENCY shall also follow
applicable municipal ordinances as long as it is not in conflict with STATE
laws, policies, procedures and specifications.
4. Maintenance Areas and Services. LOCAL AGENCY shall only perform
maintenance services in the STATE right of way locations described in
Exhibit A, hereinafter referred as LOCATIONS.
5. REVISING EXHIBITS. PARTIES can revise this AGREEMENT by mutually
amending, replacing, or providing additional pages to the Exhibits. Any
such change must be signed by authorized representatives of PARTIES,
and no formal amendment to the body of this AGREEMENT will be
necessary. The revised Exhibit will thereafter supersede the previous Exhibit
and become part of this AGREEMENT.
6. AMENDMENT TO AGREEMENT. Except as provided in the preceding
sections concerning Exhibit amendments, the terms of this AGREEMENT
may only be amended by a formal written amendment executed by
both PARTIES.
7. Unsheltered Encampment Removal.
A. Definitions:
1. MPD 1001 R1 (Exhibit D) - Maintenance Policy Directive issued
by the State, establishes the agency's official policy for the
removal of encampments from state highway rights -of -way.
Please refer to MPD 1001 R1.
2. PEH- Persons Experiencing Homelessness
3. Priority Level 1 (Critical Priority for Expeditious Removal)
Encampments that pose an imminent threat to life, health,
safety, or infrastructure require immediate removal without
prior notice.
Examples of Imminent Threats:
. Encampment close to traffic, with PEHs at immediate risk
of being struck by vehicles.
• PEHs living in confined spaces, such as bridge cells.
• Encampment near an unstable structure at risk of
collapse. Please refer to MPD 1001 R1.
4. Priority Level 2 (Removal Needed)
Encampments that do not pose an immediate threat. Please
refer to MPD 1001 R 1.
B. Factual determination of whether an encampment is Priority
Level 1 will need prior confirmation by the STATE Encampment
Specialist Maintenance Superintendent.
C. Immediately upon discovery and receiving confirmation as
provided in the preceding clause, by the STATE Encampment
Specialist Maintenance Superintendent, LOCAL AGENCY shall
remove Level 1 encampments and shall inform by phone and
email of such removal; the STATE's Encampment Specialist
Maintenance Superintendent. Removal of Level 1
encampments shall be pursuant to MPD 1001 R1.
D. LOCAL AGENCY, shall remove Level 2 encampments and in
doing so shall adhere to STATE standards for working with PEH
at the LOCATIONS, as detailed in MPD 1001 Rl and applicable
State and Federal law.
D. Allow two weeks to perform outreach services for priority Level
2 encampments. LOCAL AGENCY shall submit an
Encampment Removal Request Form to the STATE's
Encampment Specialist Maintenance Superintendent and
include all requested information including timestamped
photos (LOCAL AGENCY shall not move forward until the
Removal Request has been approved and signed by
appropriate STATE personnel. Within one week of the
completion date of a removal, the LOCAL AGENCY shall
complete and submit to the STATE's Encampment Specialist
Maintenance Superintendent, all information required in the
After -Action Report, including after photos. LOCAL AGENCY
may use alternative forms or reporting templates so long as all
required information is included.
E. Nothing in this Agreement grants or waives the right of
California Highway Patrol (CHP) and other law enforcement
agencies having jurisdiction over the LOCATIONS.
8. Weed Abatement. LOCAL AGENCY shall engage in weed abatement
operations. LOCAL AGENCY shall control weeds at a level acceptable to
STATE. Any weed control performed by chemical weed sprays (herbicide)
shall comply with all laws, rules, and regulations established by California
Department of Food and Agriculture. All chemical spray operations shall be
reported quarterly (form LA17) to STATE's landscape Specialist,
Maintenance Support, identified in Exhibit C.
9. Graffiti Removal. LOCAL AGENCY shall remove all graffiti from
LOCATIONS. LOCAL AGENCY is solely responsible for ensuring that any
graffiti that in any way resembles a mural, artwork, paintings, or other
similar elements shall not be removed without the written authorization of
STATE. Graffiti removal must protect air and water quality as required by
law. LOCAL AGENCY shall conform to the terms stated in STATE's
Maintenance Manual, Volume 1, Family D Chapter, D1.06.
10. Maintenance Service Schedule. LOCAL AGENCY shall provide
STATE's District Area Maintenance Superintendent, as shown in Exhibit C,
the maintenance service schedule, no less than 7 days telephone or email
notice before performing any maintenance services under this
AGREEMENT. Their email and phone number are listed on Exhibit C. LOCAL
AGENCY shall provide the District Maintenance Agreement Coordinator
(DMAC) and District Area Maintenance Superintendent identified in Exhibit
C of this AGREEMENT with an encampment, litter, and graffiti removal
schedule. Maintenance services shall be provided on an as needed
basis. Prior written approval must be received from the STATE's District
Encampment Specialist through the DMAC. Additionally, LOCAL AGENCY
shall either create a contract with CHP for MAZEEP or arrange for use of
other local law enforcement as appropriate and authorized by CHP prior
to performing any work. Maintenance services shall be performed
between the hours of 7:00 a.m. and 3:00 p.m. or as otherwise authorized by
the State Representative, if necessary. LOCAL AGENCY must request
through the DMAC prior written approval from STATE's District Maintenance
Supervisor to perform any maintenance services before 7:00 a.m. or after
3:00 p.m. and/or weekends and holidays.
11. Authorized Reimbursement. The functions, frequency and levels of
maintenance services delegated to LOCAL AGENCY under this
AGREEMENT and amounts appropriated to STATE for this AGREEMENT,
have been considered in setting the total reimbursement amounts due to
the LOCAL AGENCY under this AGREEMENT. STATE shall reimburse LOCAL
AGENCY up to the amount shown in Exhibit A-1. LOCAL AGENCY may
perform additional work if desired, but STATE will not reimburse LOCAL
AGENCY for any work in excess of the authorized dollar limits established
herein.
12. Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall promptly submit billing invoices in
arrears to the STATE, for each past quarter including the period prior
to the close of STATE's fiscal year on each June 30ih.
12. 2 Billing Submission Format. Each billing invoice shall include all of the
following:
a. STATE's AGREEMENT number;
b. Date(s) of services;
C. Location of services;
d. Number of hours and hourly rates;
e. Receipts for trash disposal; and
f. Receipts for equipment, materials, and supplies;
g. Before and after photos.
STATE shall pay LOCAL AGENCY for the actual cost of maintenance
services which is satisfactorily performed but shall not exceed the
amounts shown in Exhibit A-1.
13. Successors. This AGREEMENT shall be binding upon and inure to the
benefit of each of the PARTIES' successors -in -interest, including, but not
limited to any public entity to whom any part of the STATE right of way
covered under this AGREEMENT may be relinquished and any
subsequently incorporated city or other municipality established within
the LOCAL AGENCY's jurisdictional limits.
14. Encroachment Permits. Before LOCAL AGENCY or its contractor may
enter STATE right of way to perform any maintenance services in the
areas covered by this AGREEMENT, the LOCAL AGENCY or its contractor
must apply and the STATE's District Encroachment Permit Office must
issue an annual encroachment permit at no cost to LOCAL
AGENCY. LOCAL AGENCY must obtain additional encroachment
permits, if necessary, to enter or perform any work within STATE right of
way not covered by this AGREEMENT. STATE will issue these additional
encroachment permits at no cost to LOCAL AGENCY.
15. Legal Disposal of Litter Collected.
LOCAL AGENCY shall make its own arrangements for the legal disposal
of litter or debris materials to authorized disposal sites. LOCAL AGENCY
shall not leave any filled litter bags, litter piles or other groups of litter
assembled during its maintenance services along or in STATE Right of
Way. Such litter groupings shall be removed out of STATE Right of Way
each day LOCAL AGENCY performs the maintenance services in this
AGREEMENT.
16. Storage of Personal Items.
LOCAL AGENCY shall meet the storage requirements of not less than 60
days for any personal property that is collected as set forth in MPD 1001
R-1. LOCAL AGENCY shall follow MPD 1001 R-1 with regard to the items
that are to be collected and stored. To the extent LOCAL AGENCY
deviates from these requirements, LOCAL AGENCY shall fully defend,
indemnify and save harmless STATE and its officers and employees from
all claims, suits, or actions of every kind occurring by reason of any
deviation from MPD 1001 R-1 as set forth in the indemnification
paragraph below.
17. Hazardous Waste and Hazardous Materials.
LOCAL AGENCY shall be fully and solely responsible for the proper
identification, handling, removal and disposal of all hazardous waste
and hazardous material during the performance of maintenance
services pursuant to this AGREEMENT.
18. Safety and Worker Compliance. LOCAL AGENCY shall be solely
responsible for crew pay, workers compensation and any other benefits
required by state and federal law. Subcontractors and crew members
are not considered STATE's employees at any time. LOCAL AGENCY
shall comply with all applicable State and Federal statutes and
regulations governing worker and public safety, including but not limited
to compliance with CAL -OSHA regulations and guidelines. LOCAL
AGENCY shall make arrangements through the STATE if traffic controls,
flags, signs, or lane closures are necessary to safely perform any
maintenance services. STATE's maintenance Supervisor or designee shall
determine what protections are required at the worksite pursuant to
applicable provisions of the STATE's (Caltrans) Maintenance Manual,
including but not limited to Volume 1, Chapter 8, Protection of Workers.
19. Equipment and Supplies. LOCAL AGENCY shall provide the necessary
equipment, tools, personal protective equipment, materials, supplies
and products necessary to perform the maintenance services under this
AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable
costs of such equipment and supplies not to exceed the authorized
expenditures set forth in Exhibit A-1.
20. Legal Relations and Responsibilities.
20.1 No Third -party Beneficiaries. This AGREEMENT is not intended to
create duties, obligations, or rights of third parties beyond the
PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a
PARTY's legal liability by imposing any standard of care for the
maintenance of STATE highways different from the standard of
care imposed by law.
20.2 Indemnification. Neither STATE nor any of its officers or employees
is responsible for any injury, damage or liability occurring by
reason of anything done or omitted to be done by LOCAL
AGENCY in connection with any work, authority or jurisdiction
conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL
AGENCY shall fully defend, indemnify, and save harmless STATE
and its officers and employees from all claims, suits, or actions of
every kind occurring by reason of anything done or omitted to be
done by LOCAL AGENCY, its contractors, sub -contractors and/or
its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is
responsible for any injury, damage or liability occurring by reason
of anything done or omitted to be done by STATE, in connection
with any work, authority or jurisdiction conferred upon STATE under
this Agreement. STATE shall fully defend, indemnify, and save
harmless LOCAL AGENCY and its officers and employees from all
claims, suits, or actions of everykind occurring by reason of
anything done or omitted to be done by STATE, its contractors,
subcontractors, and/ or its agents pursuant to this Agreement.
20.3 Work -related Injuries. If a LOCAL AGENCY -assigned crew member
is injured while performing maintenance services under this
AGREEMENT, LOCAL AGENCY or its designated subcontractor shall
be responsible for ensuring the crew member is given prompt
medical care and treatment and, if necessary, transportation to a
medical facility. LOCAL AGENCY or its designated subcontractor
shall administer any injury and workers compensation claims.
LOCAL AGENCY shall notify the STATE's Area Maintenance
Superintendent within twenty-four (24) hours when any such
incident has occurred.
21. Prevailing Wages and Labor Compliance. If the work performed
under this AGREEMENT falls within the requirement of Prevailing wages
as per Labor Code Section 1720 through 1815 -LOCAL AGENCY shall
comply with any and all applicable labor and prevailing wage
requirements in Labor Code Sections 1720 through 1815 and
implementing regulations for public works or maintenance contracts
and subcontracts executed for the LOCAL AGENCY's maintenance
services under this AGREEMENT. LOCAL AGENCY agrees to include
prevailing wage requirements in its contracts for public works. Work
performed by LOCAL AGENCY's own forces is exempt from the Labor
Code's prevailing wage.
22. Insurance.
LOCAL AGENCY and its contractors shall maintain in force, during the
term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury and property damage liability,
naming the STATE, its officers, agents and employees as the additional
insured in an amount of $1 million per occurrence, $2 million in
aggregate, and $5 million in excess, as may be amended as the
minimum liability coverage limits codified in the State's Standard
Specifications. LOCAL AGENCY will provide a certificate of insurance
evidencing this insurance in a form satisfactory to STATE as a condition
to STATE's execution of this AGREEMENT.
23. Budget Contingency. STATE's payments to LOCAL AGENCY are
contingent upon the Legislature appropriating sufficient funds under
the Budget Act and the encumbrance of funding to STATE's District
Office.
24. Termination. Either PARTY may terminate this AGREEMENT upon 30
days' prior written notice to the other PARTY.
25. Effective Date (Term) of Agreement. This AGREEMENT shall become
effective on the last of the dates each PARTY's authorized
representative has executed this AGREEMENT and shall expire on June
30, 2027.
26. Authority. Each individual executing this AGREEMENT on behalf of
each PARTY represents and warrants that he/she is duly authorized
under the law to execute this AGREEMENT. LOCAL AGENCY
represents and certifies that it has, through its regular political process,
authorized the execution of this AGREEMENT by appropriate
resolution, delegation, or plenary authority as required.
27. Default. If LOCAL AGENCY fails to perform obligations assumed under
this agreement, the STATE may, by written notice, request that the
default be remedied within thirty (30) calendar days. If LOCAL AGENCY
fails or refuses to do so, the STATE may seek legal remedies including
specific performance, complete the obligations and refuse to pay
LOCAL AGENCY's future invoices until STATE's expenses are
redeemed.
28. Counterparts. This AGREEMENT may be executed in one or more
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document.
CALTRANS DELEGATED MAINTENANCE AGREEMENT
MAINTENANCE SERVICES AND LIST OF LOCATIONS
EXHIBIT A
Page 1 of 13
Maintenance Services Provided: all work to be performed on sites that are accessible from the public right of
way, City of Santa Ana staff and/or contractors will not perform work on freeway right of wayfor safety
purposes.
1. Encampment Removal and Cleanup (per State Procedures)
2. Litter and Debris Removal to include but not limited to:
a. Garbage
b. Furniture
c. Appliances
d. Tire casings
e. Bulky and large items
f. Automobile wreckages
g. Auto Components
h. Clothing
L Beverage Containers
j. Food packages
3. Weed Abatement - Control and removal of weeds
4. Graffiti Removal Services using pre -approved paint colors for Cal -Trans
Schedules and Frepuencv: locations listed in Exhibit A below will be inspected and cleaned one time per week
or as needed.
EXHIBIT A
Page 2 of 13
State Highway 5 Freeway
1. 17th & Penn Way— On/Off Ramps
p \; \ % 11LOWN-ir
"'--, Boost Mobile
i • � �,� �, 't _ CN ptwne store
°a. ' `• y `Santiago Hand Wash t 6)
Bal�`Hotline.BailBonis , a
Revival Ftlnes:✓'
- � 17th St
17th St 17th St
Yum Yum Donuts �
sI Pedtatncs oo wns Ch"evron °'�c`� A, Y;
',"(�^�-��' i '.�tUSGI•UplandGroup, _
•a4. t D Encanto q q. ,
E 16th St - `~ 's�,76th St
villa sereria j � - �`� • � �' / �
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• Artesaniaas ras Guachit
Maintenance Area
EXHIBIT A
Page 3 of 13
State Highway 5 Freeway (Cont.)
2. Buffalo & Main
TO
t
e
1
d
1•
\.
v
t
Maintenance Area
EXHIBIT A
Page 4 of 13
State Highway 5 Freeway (Cont.)
3. Santiago Creek Underpass
2323 �
------I Maintenance Area
EXHIBIT A
Page 5 of 13
State Highway 5 Freeway (Cont.)
4. Grand Avenue On/Off Ramps and Underpass
Maintenance Area
EXHIBIT A
Page 6 of 13
State Highway 5 Freeway (Cont.)
5. East Side of Freeway Between Stafford Street and Mabury Street
-----� Maintenance Area
State Highway 5 Freeway (Cont.)
6. South Side of Freewav Between Loean Street and Lincoln Avenue
W&Ambz�
.+
,
----� i Maintenance Area
EXHIBIT A
Page 7 of 13
all' — T
•
awom '7ti ■ Y+'� y r •'
EXHIBIT A
Page 8 of 13
State Highway 5 Freeway (Cont.)
7. 4 lh Street North Bound Off Ramp
Maintenance Area
EXHIBIT A
Page 9 of 13
State Highway 22 Freeway
8. Bristol and Hesperian On/Off Ramp and Underpasses
q f
ire
F
rAW
F
--� Maintenance Area
State Highway 55 Freeway
9. Dyer East and West On/Off Ramps and Underpass
L5 LL, j(ylr IiC°J
Maintenance Area
EXHIBIT A
Page 10 of 13
EXHIBIT A
Page 1 1 of 13
State Highway 55 Freeway
10. MacArthur Blvd Southbound On Ramp
r. ., 1 r
10
iTyl _ K
y ,
e,I
I
Maintenance Area
State Highway 55 Freeway (Cont.)
11. 4th Street —South Bound On/Off Ramps
do
Maintenance Area
EXHIBIT A
Page 12 of 13
EXHIBIT A Page 13 of 13
LOCATIONS
Route
Length
Description of Routing
No.
Mi
5
1.5
ORA-31.0/31.1; 31.2/31.5; 31.5/31.9; 32.0/32.1; 32.3/32.7; 32.9/33.0;
33.3/33.4
NB Fourth offramp; NB Concord; Grand select ramp locations; SB
Logan pump plant; Seventeenth select ramps; SB Buffalo
onramp; Santiago Creek Bridge
22
0.3
ORA-R9.9/R10.2
Hesperian and Bristol select ramps
55
1.2
ORA-R6.4/R7.0; R7.7/R8.0; 10.8/11.1
SB MacArthur select onramp; Dyer select ramps; SB Fourth select
ramps
EXHIBIT A-1
Funding
Route
Postmile
Location Description
Maintenance
Maximum
No.
Services
Authorized
Expenditure
5
31.0/31.1
Northbound Fourth Street
Local Agency
As Shown Below
offramp
5
31.2/31.5
Northbound Concord
Local Agency
As Shown Below
5
31.5/31.9
Grand Avenue select
Local Agency
As Shown Below
ramps
5
32.0/32.1
Southbound Logan pump
Local Agency
As Shown Below
plant
5
32.2/32.7
Seventeenth Street select
Local Agency
As Shown Below
ramps
5
2.9/33.0
Southbound Buffalo
Local Agency
As Shown Below
onramp
5
33.3/33.4
Santiago Creek Bridge
Local Agency
As Shown Below
22
R9.9/R10.2
Hesperian and Bristol
Local Agency
As Shown Below
select ramps
55
R6.4/R7.0
Southbound MacArthur
Local Agency
As Shown Below
select ramps
55
R7.7/R8.0
Dyer select ramps
Local Agency
As Shown Below
55
10.8/1 1.1
Southbound Fourth Street
Local Agency
As Shown Below
select ramps
Total maximum authorized expenditure: $ 400,000 through June 30, 2027
Total maximum authorized expenditure per year: $200,000 unless approved in
writing by State.
EXHIBIT B
Proof of Insurance
Page 1 of 5
ICRMA
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200 1 Sacramento, CA 95833
www.icrma.org
LIABILITY PROGRAM
Additional Covered Party
Certificate Number: 2026-124
Certificate Holder: CalTrans District
State of California, its officers, agents, and employees
1750 East 4th Street, Suite 100
Santa Ana, CA 92705
Covered Party: City of Santa Ana
Exhibit B
Page 2 of 5
Description of
Covered Activity: As respects Encampment Delegated Maintenance Agreement for the term of 06/19/2025 through
06/30/2027. The Certificate Holder is included as an Additional Covered Party with regard to any negligent
acts or omissions of the Covered Member, its employees, and its elected or appointed officials.
Memorandum of
Coverage Number: ICRMA GL 2026 Effective Date: 7/1/25 Expiration Date: 7/1/26
Limits: $5,000,000 (per occurrence)
Member Retained *$3,000,000
Limit (MRL):
The Following General and automobile liability as defined in the memorandum of coverage on file with the covered party
Coverage is in named above. Sexual misconduct not specifically excluded for the city.
effect:
This is to certify that the coverage listed above has been issued to the Covered Party named above for the
coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this certificate may be issued or may pertain. The coverage afforded as
described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of
Coverage of the ICRMA, which is available for your review upon request.
Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder
named above is an additional covered party for covered claims arising out of the covered activity stated
above and is subject to the limits stated above. *Such limits are inclusive of the city's MRL.
Coverage is in effect from 12:01 a.m. Pacific Standard Time of effective date to 12:01 a.m. Pacific
Standard Time of expiration date as stated above and will not be canceled, limited, or allowed to expire
Date Issued: 7/18/2025
Renewal: Yes
Authorized Representative Signature:
ICRMA Executive Director
except upon 30-day notice to the certificate holder. EXHIBIT B
Page 3of5
Date Issued: 7/18/2025
Renewal: Yes
Authorized Representative Signature:~
ICRMA Executive Director
EXHIBIT B
Page 4 of 5
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
MEMORANDUM OF LIABILITY COVERAGE
MEMORANDUM NO. ICRMA2025-2026
Declarations
1. COVERED MEMBERS Members of the ICRMA liability program, per Schedule A
2. MEMORANDUM PERIOD
3. LIMIT OF COVERAGE
$35,000,000 per occurrence, as follows:
• ICRMA pooled retained limit:
From 7-1-2025 to 7-1-2026
12:01 A.M. Pacific Time
$2,000,000 (inclusive of the Member retained limit set forth in schedule A) `
• Insured limits: (excess of the ICRMA pooled retained limit):
Per Occurrence Limits
AlEgregate Limits
1
$2M x $2M per occurrences
$20M amival pool aggregate limit (except Auto Liability)
2
$5M x $4M per occurrence
$IOM annual pool aggregate limit for POE03
$ I OM annual pool as e ate limit for EPL
3
$4M x $9M per occurrence
$8M annual per member aggregate limit (except Auto Liability)
4
$2.5M x $13M per occurrence
$5M annual per member aggregate limit/
$10M annual pool aggregate limit (except Auto Liability)
5
$2.5M x $15.5M per occurrence
$10M annual pool aggregate limit (except Auto Liability)
6
$2M x $18M per occurrence
$8M annual pool aggregate limit
7
$5M x $20M per occurrence
$5M annual pool aggregate limit
8
$5M x $25M per occurrence
$5M annual pool aggregate limit
9
$5M x $30M per occurrence
$5M annual pool aggregate limit
In the event ICRMA elects or is obligated to provide coverage, which is not reinsured, the maximum liability limit
that ICRMA is obligated to pay is $2,000,000, inclusive of the Member Retained Limit.
Documents attached at issuance: Schedule A, and Public Crisis Event Coverages
On Behalf of the INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY:
.40.
u2..le�n I++d rrzmslcncPear
Authorized Representative
The member retained limits set forth in Schedule A for Downey, Fullerton, Glendora, Hawthorne, Inglewood, and
Santa Ana meet or exceed the ICRMA pooled retained limit. As a result, those members do not participate in the
ICRMA pooled layer.
'- Due to the amount of its member retained limit set forth in Schedule A, Santa Ana only participates in this layer for
$1 M of coverage per occurrence. Due to the amount of its member retained limit set forth in Schedule A, Fullerton
does not participate in this layer.
3 "POEO" refers to Public Officials' Errors and Omissions as that term is defined in Section II — Definitions (26)
"EPL" refers to Wrongful Employment Practices as that term is defined in Section lI — Definitions (33).
JCRMA — Memorandum of Liability Coverage Page 3 of 37 July 1, 2025 —July 1, 2026
EXHIBIT B
Page 5 of 5
Schedule A
The ICRMA pooled retained limit is $2,000,000, inclusive of the applicable Member retained
limit listed below as to each Member.
Schedule of Members and Retained Limits
Member Retained Limit
City of Bell
$250,000
City of Downey*
$2,000,000
City of El Monte
$500,000
City of El Segundo
$750,000
City of Fullerton*
$4,000,000
City of Glendora*
$2,000,000
City of Huntington Park
$500,000
City of Inglewood*
$2,000,000
City of Lynwood
$250,000
City of San Fernando
$2502000
City of Santa Ana*
$3,000,000
City of South Gate
$500,000
*As the retained limit of these Members is equal to or exceeds the ICRMA pooled retained limit set forth above,
there is no ICRMA pooled retained limit as to those Members.
ICRMA - Memorandum of Liability Coverage Page 4 of 37 July 1, 2025 - July 1, 2026
EXHIBIT C
Party Representatives and Notices.
LOCAL AGENCY's Project Manager: Arturo Rodriguez, arodriguez@santa-
ana.org
STATE's District Maintenance Agreement Coordinator (DMAC) is: Sarah
Rodriguez, sarah.rodriguez@dot.ca.gov
STATE's Encampment Specialist Maintenance Superintendent
Name: John Bybee
Telephone Number: (424) 413-1134
Email Address: john.bybee@dot.ca.gov
State's Area Maintenance Superintendent: Chris Bunning
Telephone Number: (949) 279-9476
Email Address: chris.bunning@dot.ca.gov
State's Landscape Specialist, Maintenance Support: Kenny Gonzalez
Telephone Number: (949) 910-0978
Email Address: kenny.gonzalez@dot.ca.gov
Caltrans District Office: 1750 East Fourth Street, Santa Ana, CA 92705
All notices, document submittals and invoices required under this
AGREEMENT shall be deemed to have been fully given when made in
writing and received by the PARTIES at their respective addresses as
follows:
Caltrans: 1750 East Fourth Street, Santa Ana, CA 92705
City of Santa Ana: 220 South Daisy Avenue, Santa Ana, CA 92703
EXHIBIT D
Maintenance Policy Directive (MPD) 1001 RI
Caltrans Maintenance Policy Directive MPQ 1001-R1 (EQFj
Caltrans EDMA 2025
Final Audit Report 2025-09-18
Created: 2025-09-15
By: Sarah Rodriguez (sl50889@dot.ca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAVdreAMcehCZi66X1flwPgpBOvVmvntxy
"Caltrans EDMA 2025" History
Document created by Sarah Rodriguez (s150889@dot.ca.gov)
2025-09-15 - 8:28:23 PM GMT- IP address: 149.136.33.249
Document emailed to Bobi Hettick (s117336@dot.ca.gov) for signature
2025-09-15 - 8:29:19 PM GMT
Email viewed by Bobi Hettick (s117336@dot.ca.gov)
2025-09-17 - 8:52:43 PM GMT- IP address: 149.136.33.249
dp Document e-signed by Bobi Hettick (s117336@dot.ca.gov)
Signature Date: 2025-09-18 - 2:22:49 PM GMT - Time Source: server- IP address: 149.136.33.250
Agreement completed.
2025-09-18 - 2:22:49 PM GMT
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EXHIBIT 2
CITY OF SANTA ANA
REQUEST FOR PROPOSAL (RFP) NO. 25-116
FOR
LITTER, DEBRIS AND ENCAMPEMENT REMOVAL
SERVICES
KEY RFP DATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Optional Pre -Proposal Meeting:
Deadline for Questions:
Proposal Due Date:
BID CONTACT:
Jacques Lam
JLam@santa-ana.org
Tuesday, September 2, 2025, 9:00 A.M.
Tuesday, September 9, 2025, 4:00 P.M.
Thursday, September 18, 2025, 4:00 P.M.
w
"1 CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND...........................................................................................................................3
II. OVERVIEW OF PROJECT..........................................................................................................3
III. OPTIONAL PRE -PROPOSAL MEETING.................................................................................... 3
IV. TERM OF AGREEMENT............................................................................................................. 3
V. MINIMUM QUALIFICATIONS......................................................................................................4
VI. GENERAL PROPOSAL INFORMATION..................................................................................... 4
VII. PROPOSAL RESPONSE INSTRUCTIONS.................................................................................6
VIII. CERTIFICATIONS (ATTACHMENTS).........................................................................................8
IX. REFERENCES............................................................................................................................9
X. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9
XI. SELECTION PROCEDURES & CRITERIA................................................................................. 9
XII. WITHDRAWALS........................................................................................................................11
XIII. GENERAL TERMS AND CONDITIONS.................................................................................... 11
XIV. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................ 16
XV. AWARD OF AGREEMENT........................................................................................................ 19
XVI . IMPLEMENTATION................................................................................................................... 19
EXHIBITS:
Exhibits provided for Proposers' reference only. These are not to be included with proposal submittal.
EXHIBIT I: SCOPE OF SERVICES
EXHIBIT II: SAMPLE AGREEMENT
EXHIBIT III: LOCATIONS
ATTACHMENTS (Required with Proposal submittals):
ATTACHMENT A: PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING
ATTACHMENT B: REFERENCES
ATTACHMENT C: PROPOSER'S STATEMENT
ATTACHMENT D: NON -COLLUSION AFFIDAVIT
ATTACHMENT E: NON -LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT H: CARB FLEET COMPLIANCE CERTIFICATION
(9)
I. BACKGROUND
CITY OF SANTA ANA
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide to maintain and perform litter, debris, encampment and weed abatement
removal services on Caltrans right-of-way and City right-of-way adjacent to Caltrans properties
(i.e. freeway over/under passes freeway on/off ramps and freeway embankments) designated
by City Staff with the goal of keeping Caltrans public spaces free of litter, debris and weeds.
Work to be performed will include, but not be limited to, sections that are unimproved, run
underneath streets, and lower than grade or sloped. Contractor shall provide all labor,
equipment, transportation, materials and supplies necessary to perform work in accordance with
the specifications and provisions herein.
This contract is subject to prevailing wage rate laws. All contractors submitting a proposal and
subcontractors listed in their bids shall be registered prior to this proposal's deadline and, if
awarded a contract, maintain a valid registration with the Department of Industrial Relations (DIR)
at: http://www.dir.ca.gov/Public-Works/PublicWorks.html.
See EXHIBIT 1 for complete Scope of Services.
The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. OPTIONAL PRE -PROPOSAL MEETING
An optional pre -proposal meeting will be held on the date and time specified on the cover page
of this RFP.
Meeting Link:
https://zoom.us/m/99787846660?pwd=PsFISH n4VMbJQCZyrLDBMdzS6ol txO.1
For virtual meetings sign in will be required with your name and company in the "Chat" box.
Please make sure you are available to do so if signing on to the meeting through your phone or
in the field.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for approximately a one (1)-year and ten (10)-month
term, subject to budget appropriation availability and City Council approval. The contract term
will expire June 30, 2027.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
City of Santa Ana RFP 25-116 Page 3 of 60
(9)CITY OF SANTA ANA
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum qualifications may be deemed non -responsive.
1) The Contractor shall, prior to award of contract and without additional expenses to the
City, possess all licenses and permits required for the performance of the work required
by this contract, including but not limited to a valid California Class C-27 — Landscaping
Contractor's License.
VI. GENERAL PROPOSAL INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City's Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City's assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
All notifications, updates and addenda will be posted online on PlanetBids at
https:Hvendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for
monitoring the site to obtain information regarding this solicitation. Failure to respond to
required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Buyer(s), and no other City staff about this RFP from the
date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City's Bid Management System,
PlanetBids.
City of Santa Ana RFP 25-116 Page 4 of 60
(9)CITY OF SANTA ANA
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Buyer(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit
PlanetBids on a regular basis as responses may be posted earlier than the date above (if
applicable). No verbal requests or responses will be accepted. Significant interpretations or
clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the "Addenda/Emails" tab.
D. EXCEPTIONS
Requests submitted for City's consideration of proposed terms and conditions, including
modifications to the City's RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City's terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City's
PlanetBids system, https:Hvendors.planetbids.com/portal/20137/portal-home. Proposers
shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
City of Santa Ana RFP 25-116 Page 5 of 60
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CITY OF SANTA ANA
VII. PROPOSAL RESPONSE INSTRUCTIONS
PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages
(excluding City's required Certifications listed in Section VIII below; Proposal Cover
Letter, section dividers, table of contents, front/back cover pages). The page limitation
includes all appendices, attachments, and supplemental information. Additionally, SOQ
must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Arturo Rodriguez, Assistant Public Works Maintenance Manager
City of Santa Ana — Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Exhibit I — Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II — Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm's experience including the following:
A general description of the firm, including size and number of employees
working directly with the City on this agreement.
Firm's nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience.
City of Santa Ana RFP 25-116 Page 6 of 60
(9)CITY OF SANTA ANA
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm's understanding of the
Scope of Services.
Additionally, proposed work plan shall include Proposers':
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
f. References: Attachment B — References shall be submitted for similar projects
performed for state and/or similar government clients.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code
of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their
Proposals, valid Certificates of Reported Compliance ("CRC") for the Proposer's fleet
and for the fleet(s) of its listed subcontractors (including any applicable leased
equipment or vehicles). Proposer must additionally complete and submit the Fleet
Compliance Certification, included herein as ATTACHMENT H. Failure to provide a
CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet
Compliance Certification, may render the Proposal non -responsive.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal in the form
of the table found in ATTACHMENT A. Pricing instructions should be clearly defined to
ensure fees proposed can be compared and evaluated. Cost Proposal must include a
payment schedule if applicable. City reserves the right to negotiate compensation and/or
payment schedule prior to award of any resulting agreement. When applicable, if
providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel -related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
City of Santa Ana RFP 25-116 Page 7 of 60
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CITY OF SANTA ANA
Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month's reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor's
website at www.bls.gov.)
G. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a "protest" to an RFP
with the City's Purchasing Department. In order for a Proposer's protest to be considered
valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP
Results/Notice of Intent to Award on the City's online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the City's Purchasing Manager, or other designated City staff member,
shall review the basis of the protest and all relevant information. The decision from the
Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer's Certification and Proposal Item Pricing
Attachment B: References
Attachment C:
Proposer's Statement
• Attachment D:
Non -Collusion Affidavit
• Attachment E:
Non -Lobbying Certification
Attachment F:
Non -Discrimination Certification
• Attachment G:
Subcontractor Designation Form
• Attachment H:
CARB Fleet Compliance Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
City of Santa Ana RFP 25-116 Page 8 of 60
(9)CITY OF SANTA ANA
• City will not waive notarization requirement when applicable on any of the
required attachments.
IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use ATTACHMENT B — References. The respondent grants permission
for the City to contact any individuals listed as references.
City may disqualify a Proposer if. -
References fail to substantiate Proposer's description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer's responsibility to inform the point of contact(s) of normal City
working hours.
X. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit H — Sample Agreement
XI. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY
POINTS
Background, Qualifications & Experience
o The technical qualifications and experience of the organization are adequately
described as they relate to the Scope of Work (SOW).
o The proposal identifies specific projects completed within the past five (5) years that
25
demonstrate competency of the tasks outlines in the SOW.
o The ability to meet the needs and concerns of the City is adequately demonstrated.
Key Personnel / Proposed Staffing
• Proposer demonstrates experience providing type of service required or
experience providing similar services
20
• Proposer demonstrates they have the necessary resources, knowledge,
skills, experience, and any required licenses / certifications to provide the
required services
City of Santa Ana RFP 25-116 Page 9 of 60
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CITY OF SANTA ANA
• Proposal provides resumes of experienced personnel that are capable of
and devoted to the successful accomplishment of work to be performed
under this contract.
• Staff members have been identified who would be assigned to act in key
management and technical positions providing services described in the
SOW.
• Proposal includes a description of the role for each identified staff
member, including name, position, education, years of experience, and
relevant projects on which they have worked.
Technical Approach / Methodology
o The proposal provides a thorough description of how the firm plans to
meet the requirements of the SOW, addressing specific challenges and
opportunities, and explaining why their company is best suited to assist
25
the County.
o An implementation plan is included outlining a description of efforts the
firm will undertake to achieve client satisfaction and to meet project
deadlines
Cost Proposal
The Cost Proposal will be evaluated as follows:
A. Lowest price receives the full score.
25
B. Other scores are proportional to the lowest price.
Organization/Completeness of Response
o Proposal demonstrates understanding of project and objectives as it
relates to the scope of work.
5
o Proposal demonstrates requirements are addressed and adhered to.
o Proposal is complete, comprehensive, and well -organized.
TOTAL POSSIBLE SCORE
100
Before interviews - if held
Interviews
• The City reserves the right to conduct interviews with the highest -rated
firm(s). In the event the City does perform an interview process, the
20
following is the maximum number of additive points that may be applied
to the proposal score. Total possible score may exceed 100 points.
C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any Proposer(s) with a score above 70. The review
committee will evaluate Proposers based on their response to the RFP and the City
evaluation criteria set forth above.
City of Santa Ana RFP 25-116 Page 10 of 60
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CITY OF SANTA ANA
D. Interviews: The review committee may invite the Proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non -responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
XII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XIII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected Proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City's website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
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D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor's employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor's efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR'S EXPENSE
Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -
contractual expenses are not to be included in the cost proposal. Pre -contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre -proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor's proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor's Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor's personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor's personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
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G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG -FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug -free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City's objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager's attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
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L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers' compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub -consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub -consultants be offered, the Proposer shall provide the same
assurances of competence for the sub -consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub -consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub -consultants in the same manner as the Proposer. The Proposer is
responsible for all the actions taken by their sub -contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer's prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor's proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the
awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
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successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City's
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
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information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XIV. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS
A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has
ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight
hours, for each craft or type of worker or mechanic needed to execute any construction or
maintenance contract, which may be awarded by Public Works. The current prevailing wage
rates as adopted by the Director of the Department of Industrial Relations are incorporated
herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing
Wage determination made by the Director of Industrial Relations / Pursuant to California
Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible
for selecting the craft/classification of workers which will be required to perform this service
in accordance with the Contractor's method of performing the work. Pursuant to Section 1775
of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or
portion thereof, for each worker paid less than the stipulated prevailing wage rates for any
public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirement on "public works" and "maintenance" projects. Since the
services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the job site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
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B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be
listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. Contractors
are further cautioned that certified payrolls shall be submitted electronically directly to the
Department of Industrial Relations.
C. CAL -OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal -OSHA regulations and all other
applicable codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the regulations imposed by California Air
Resources Board ("CARB") including, without limitation, all applicable terms of Title 13,
California Code of Regulations Division 3, Chapter 9 and all pending amendments
("Regulation").
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents or information associated
with Contractor's and its subcontractors' fleets including, without limitation, the
Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance
records, emissions records, and any other information the Contractor is required to
produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice
from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type
of construction involved and materials and techniques specified.
F. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste
and non -usable material resulting from the work under this Contract and shall be disposed
of at the completion of each work day by the Contractor. Hazardous waste must be disposed
of in accordance with the Resource Conservation and Recovery Act and all other applicable
federal, state, and local laws and regulations.
G. CHEMICALS
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Handling and delivery of all materials must comply with all local, State, and Federal safety
regulations and must maintain appropriate hazardous material transportation and handling
certifications and licensing as applicable.
H. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special
provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract
is performed in strict compliance with all applicable Federal, State and local occupational
safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety
devices and protective equipment, and shall take any and all actions appropriate to providing
a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. Contractor shall identify all known potential hazards related to the work performed
and train all employees and subcontractor personnel on how to handle the potential
hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe
work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards
found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous
materials to be utilized on site in the performance of work.
f. Contractor is solely responsible for the legal disposal of hazardous waste generated
in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to
defend, indemnify and hold harmless the City, its officers, employees and agents
from and against any and all investigations, complaints, citations, liability, expense
(including defense costs and legal fees), claims and/or causes of action for damages
of any nature whatsoever, including but not limited to injury or death to employees
of the Contractor, its subcontractors or City, attributable to any alleged act or
omission of the Contractor or its subcontractors which is in violation of any Cal OSHA
regulation. The obligation to defend, indemnify and hold harmless includes all
investigations and proceedings associated with purported violations of Section
336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer
work sites. The City may deduct from any payment otherwise due the Contractor any
costs incurred or anticipated to be incurred by the Agency, including legal fees and
staff costs, associated with any investigation or enforcement proceedings brought
by Cal OSHA arising out of the assigned work.
OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of
such direction, in accordance with sound industrial practices, to safeguard and protect City
property and adjacent property. Damages to properties caused by Contractor's negligence shall
be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor's employees
with all applicable environmental and hazardous materials handling laws and regulations.
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Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees. All damage reports shall be submitted to the Site Coordinator within
twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.)
as required or necessary to ensure the safety of the public, City, and Contractor's employees.
SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are
caused by the negligence of the contractor once hazardous waste materials are in the
possession of the contractor or transported off site.
K. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the
City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste
description, manifest number and line number, date waste shipped, disposal and recycling
facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile
number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF
Format) and hard copy format at all times during the term of the contract.
XV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer"
will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XVI. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful Proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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EXHIBIT I
SCOPE OF SERVICES
Contractor/Consultant shall perform services as set forth below.
TYPES OF SERVICES
1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be
limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the
City of Santa Ana:
Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials,
b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or
machinery, tires, televisions and other electronic devices,
c) Concrete, asphalt, bricks or other construction debris,
d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,
2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.
3. The Contractor shall dispose of all trash and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay all
disposal fees and provide documentation evidence of recycling to include location,
tonnage, etc. on a monthly basis to the City.
4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and
garbage shall be removed from the property and disposed at a City authorized disposal
site. A list of disposal sites, including the name of facilities and addresses, to be used
by Contractor shall be provided to City upon award of contract.
5. All sidewalks, parkways, and gutters in front of or adjacent to lots with
abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish,
and noxious growth.
6. Erosion control wattles (devices made of straw or wood) installed around the
perimeter of fenced properties, shall be removed to allowfor proper cleaning
along the interior and exterior of the fence line. Once cleaning is completed,
Contractor shall replace wattles along the interior perimeter of the lot or as
directed to by Projects Manager.
7. Sufficient inspection will be provided but not such as will substitute for supervision
of the work by the Contractor or his foreman.
8. At the completion of the work, the site shall be left in a clean condition by
utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or
other similar site conditions.
9. Daily work must be documented using an electronic device (mobile phone, tablet or
similar) and uploaded to City's work order system (MySantaAna App or Similar)
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10. Daily work/routes and schedules will be assigned by City Staff.
11. Contractor shall furnish all labor, equipment tools, and materials and supplies including
Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves,
coverall suits, trash bags and the skills and training required to perform all services listed
above.
12. Contractor shall furnish all Signs used for handling traffic control during the course of
this contracts and shall be in accordance with the "Work Area Traffic Control Handbook"
(WATCH), published by Building News, Inc., and made a part of these special
provisions. The method in which signs, barriers, and warning devices are used during
the work shall be in accordance with the publication mentioned. A copy of said
publication is on file in the Public Works Agency.
2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP
1. Contractor shall remove abandoned transient/homeless encampments that may
include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic
needles, and items listed above.
2. Contractor shall remove unwanted natural or environmental materials including,
but not limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime
and similar.
3. Contractor may be assigned to work alongside Local Law Enforcement (Santa
Ana Police Department and California Highway Patrol).
4. Contractor shall be required to report transient occupied Homeless
Encampments on City and Caltrans properties to Project Manager.
3. AS -NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING — CREW LABORER
1. Additional as -needed crew laborer services may be requested by the City
and will be compensated at the regular hourly rate as per appropriate bid line
item pricing.
2. City will issue a work order request for such work to be performed.
3. These services include, but are not limited to the services listed in Section I.
WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated
Person) and shall be on an As -Needed or on a Set Schedule basis, subject to budget
appropriation availability and changes bythe Projects Manager. Work hours and staffing may
be increased or decreased based on funding availability. The Projects Manager will work with
the Contractor to prepare the most effective and productive schedules and work
assignments.
Crew Unit Size(s) will vary based on task and assignment and as determined between Projects
Manager and Contractor. Work assignments may vary and may consist of performing weed
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abatement or debris/rubbish clean-up or transient and homeless encampment removal or
a combination of daily.
CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.
Contractor must have the ability to provide the necessary workers based on the amount
AS -NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall
perform the assigned tasks with the following:
1. Three (3) Laborers
Laborer: Performs the necessary tasks to complete the required services.
a) At minimum, one laborer must be English-speaking who is fully trained
and knowledgeable in all aspects of these requirements.
b) Equipped with a working, fully charged, capable of taking and sending
photos and emails, cellular phone, to enable immediate contact with the
City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to
solve daily problems.
2. Perform the work assigned by City staff on an AS -NEEDED and SET SCHEDULED basis.
3. Provide the necessary labor, materials and equipment to remove litter and
debris from all under/over passes, on/off ramps, sidewalk areas, planters,
and embankments.
4. Contractor shall provide an Administrative Customer Service Representative
knowledgeable of the Contract requirements, to efficiently answer all City
questions/inquiries. The Customer Service Representatives shall be available during
Regular Business Hours to assist City with administrative matters and if necessary,
placement of work orders, follow-ups, and any other areas requiring assistance. Contractor
must provide a Customer Service point of contact for after-hours and urgent requests.
IV. GENERAL
1. Furnish all labor, equipment, materials and supplies (including trash bags and any
other supplies necessary), tools, services and special skills required to perform all
services listed above on Caltrans over/under passes, on/off ramps, City streets, and
various locations and other related services as set forth in the Scope of Services and
in keeping with the highest standards of quality and performance.
2. Cooperate fully with all authorities regarding any investigations of the preceding
activities. Submit a completed report to Projects Manager by the next business day
following work completed under this contract.
3. Delivering and Staging of Equipment and Materials
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1. Materials, supplies, and equipment needed for this project must be stored at
Contractor's premises and at Contractor's expense, unless otherwise agreed
upon by the Projects Manager.
2. Remove all materials, tools and equipment from City facilities and or Caltrans
property immediately after completion of work.
4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces
into the parking lots, onto private property, storm drains or public streets.
5. Notify the City Projects Manager immediately regarding scheduled work that may be
delayed or missed, provide reasons why the work schedule cannot be maintained
(beyond the Contractor's control), and submit a revised work schedule for review and
consideration.
V. CONTRACT PERFORMANCE REQUIREMENTS
1. Contractor shall document all location/stops each day with smartphone app provided by City. No
less than 4 sites per 8-hourwork day. Any deviations from this requirement must be
brought up to the City Projects Manager and agreed upon by City prior to any work
commencing.
2. Quality Assurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with
the type of work, materials, and techniques specified. Contractor shall perform all
work according to all current applicable codes, industry -standards, and to the highest
quality commensurate with required work
1. Ensure that all work is done only by experienced and professional personnel
arriving at the project site(s) as scheduled and all work is performed in a skillful
and workmanlike manner.
2. All services shall be subject to the inspection and approval of City either
by Projects Manager or designee prior to acceptance and approval for
payment.
3. Compliance with Laws:
1. It shall be the Contractor's responsibility to attain the appropriate
Contractor License Requirement if applicable.
2. Contractor shall perform all work performed in connection to this project in full
compliance with all applicable standards, laws, statutes, restrictions, ordinances,
requirements, rules and regulations of municipal, state, county and federal
agencies applicable to the services provided.
VI. REMOVAL AND DISPOSAL OF DEBRIS
1. Contractor shall remove and dispose of all litter, and debris generated during the
performance of this contract from the work areas the same day it is generated.
2. Disposal locations will be privately owned or debris transfer stations.
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Note: ONLY when authorized by the City, the use of the City Municipal Corporate
Yard location will be allowed for the disposal of litter and debris generated under this
agreement and will be at no charge to the City.
3. Amount of debris/rubbish must be documented and required as part of each work
order in order to include the total amount of debris/rubbish collected on monthly
invoicing."
4. All debris, excess material, and parts, including those materials that could inflict injury
(e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses
and removed at the completion of the job and/or at the end of each work day.
VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools,
services, and special skills required to perform debris/rubbish and weed abatement removal
services and other related services as set forth in these specifications and in keeping with
the highest standards of quality and performance. Contractor shall ensure that all
equipment, materials, supplies, and consumables meet or exceed all applicable
manufacturer's published specifications and industry standards corresponding to required
work as specified herein.
The Contractor shall perform all work necessary to complete the provisions of this contract
in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials,
supplies, supervision and labor necessary to complete the work. It is mandatory that the
equipment and tools identified below be readily available.
1.
Stake bed — Minimum ten (10) cubic yard stake beds or dump truck with ability
to be loaded by loader and back hoe.
"Required daily. contractor will be responsible to provide
appropriate number of stake bed trucks based on crew size, location
andjob assignment.
2.
Lawnmowers — available if needed
3.
Weed eaters
4.
Blowers
5.
Hedge trimmers
6.
Chain saws
7.
Edgers
8.
Shovels
9.
Scoop shovels
10.
Rakes
11.
Loppers
12.
Tree pole saws — available if needed
13.
Hedge shears
14.
Long handled hoes
15.
Pitch forks
16.
Traffic cones or delineators
17.
Wheelbarrows
18.
Push brooms
19.
Pressure Washer - available if needed
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CITY OF SANTA ANA
vIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS
1. Weekly Report:
1. Due Monday of every week, including a Daily Attendance Sign -In Sheet with
signatures of each laborer with the hours worked and start and end times and
specifies the work performed; date performed; and labor, materials and supplies
used, and amount of trash and debris collected (measurement method to be
agreed upon).
2. Contents: Ensure that the report contains all the required and approved content,
which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe
3. Ensure that all reports are submitted prior to submission of the monthly invoice,
otherwise payment will be withheld, unless a change is agreed upon by the City.
4. Monthly payment will not be made until reports are received by City.
2. Production Reports
1. Shall be emailed to City each month by the seventh day.
2. These reports will include the amount of trash and debris removed and
disposed and disposal sites utilized.
3. Documentation —As Requested by the City
1. Digital Photo Sampler Report
a) Take before -and -after photos of items, areas, or incidents that Contractor
responds to as specified by City.
b) Maintain these photos electronically and make them available for
inspection by City at any time.
C) Identify photos by location, description, etc. before or after, date and time of
photo taken with timestamp.
IX. CONTRACTOR EMPLOYEES AND UNIFORMS
1. Contractor Laborer Employees
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1. Ensure that all Contractor employees performing work in conjunction with this
service are always courteous, professional, competent, and do not cause any
undue disturbances.
2. Contractor staff shall be responsive only to the requests of the Projects Manager
or designee. Contractor staff shall direct all inquiries to Projects Manager or
designee.
3. Remove any employee who is determined by City to be incompetent, working
inefficiently, disorderly, intemperate, or otherwise objectionable immediately
removed from work under this agreement and replace with a satisfactory
replacement.
4. Contractor staff and representative shall maintain the highest level of professional
standards in uniforms, politeness, and interaction with the public and City
personnel. Contractor staff must present a neat, well-groomed appearance at all
times.
5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.
6. Workers must have basic knowledge, experience, skills, and abilities in general
labor, custodial maintenance, landscaping maintenance, cleaning, trash handling,
landscape care, and street safety procedures to perform the scope of work
requirements in accordance with the bid specifications at all times. Workers who
do not demonstrate these capabilities shall be replaced at the request of the City.
2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor
employees under this contract at Contractor expense.
b. Uniforms must bear Contractor's company name or other acceptable
designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or
permanent stains present and worn as a complete unit and be fitted
properly
d. Must wear appropriate safety vest or safety color shirt at all times while
working for the City.
X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the
property as is necessary to show all, debris/rubbish and/or garbage to be removed or to
be abated. The Manager may also take photographs prior to work commencing.
The Projects Manager will keep an accurate record of all properties cleaned by the
Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the
decision of the Projects Manager will be final.
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Contractor shall prepare a monthly written invoice for amount of hour's worked, a listing of
each location cleaned by Work Order Number and total amount debris/rubbish disposed
of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed
necessary by the Projects Manager.
Contractor shall email all invoices to: MSlnvoices(cbsanta-ana.org
XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Contractor shall be responsible for the protection of public and private property adjacent to
the work and shall repair or replace all existing improvements, which are damaged or
removed as a result of his operations if said existing improvements are not designated for
removal.
XII. WORK HOURS
Contractor's regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m.,
Monday through Friday. The schedule shall be provided by the Projects Manager.
Deviation from these hours/days shall not be permitted without the prior consent or direction
of the Projects Manager except for emergencies involving immediate hazard to persons or
property and per the Santa Ana Municipal Code.
Occasionally, Contractor will be assigned work that will deviate from the established work
hours and will require Contractor to be available and work alternative hours during early
morning hours, late night, overnight, and weekends. Projects Manager will work with
Contractor to provide as much lead time as possible.
XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their
representatives, shall be filed with the City prior to beginning work.
XIV. RESPONSE TIMES
1. Routine
1. Routine: 48-hour response or sooner to site from time of contact for anything
that needs attention prior to the next maintenance cycle, but has no immediate
cost or threat of loss.
2. Contractor shall respond to City Staff within one (1) hour of notification during
normal work hours.
XV. WORK BY CITY FORCES DUE TO CONTRACTOR
NONCONFORMANCE
Should the Contractorfail to correct deficiencies of public nuisances that have been created
because of his operations, then these will be considered to be of an emergency nature and
City of Santa Ana RFP 25-116 Page 27 of 60
(9)CITY OF SANTA ANA
cause for the City to move in on the work site to make corrective work. Such work will be done
on a force account basis with an additional callout charge of $75 for each callout. It should
also be noted that there is a minimum two-hour charge for labor on any callout.
xvi. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
maximum safety to the public and staff where applicable, comply with all safety standards
related to personal protective equipment (PPE) required by CAL -OSHA or other applicable
Local, State and Federal safety regulatory agencies.
xvll. ENVIRONMENTAL CONDITIONS
1. Comply with all applicable local, state, federal regulations and requirements.
2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non -hazardous materials only.
4. Remove from the work site and properly dispose of all spent materials, hazardous
materials, debris, and the like on a daily basis. Do NOT accumulate waste materials
unless the Projects Manager otherwise allows.
5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to
street, drainage facilities, or adjoining property by wind or runoff.
xvin. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the
"Work Area Traffic Control Handbook" (WATCH, City Standard Plan 1125F (SP1125F), the
Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California
Supplement and these Special Provisions.
1. The Contractor shall maintain at least one open traffic lane in each direction at all time on
all streets. Flagmen shall be required when directed by the City.
2. During non -working hours, all lanes shall be opened to traffic.
3. Flashing arrow boards shall be required on arterial streets. Deviation from this
requirement will be subject to approval from the Traffic Engineer.
4. Traffic control plans must be submitted and approved before starting work on any
public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6-lane arterials may be done per
WATCH without submitting a traffic control plan. However, this will require approval
from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting
traffic control plans. However, this will require approval from the Traffic Engineer.
xlx. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
City of Santa Ana RFP 25-116 Page 28 of 60
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CITY OF SANTA ANA
The Contractor shall be solely responsible for ensuring that all work performed under the
contract is performed in strict compliance with all applicable Federal, State and local
occupational safety regulations. The Consultant/Contractor shall provide at its expense all
safeguards, safety devices and protective equipment, and shall take any and all actions
appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. The Contractor shall identify all known potential hazards related to the work
performed and train all employees and subcontractor personnel on how to handle
the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules
and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual
hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste
generated in performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend,
indemnify and hold harmless the City, its officers, employees and agents from and against
any and all investigations, complaints, citations, liability, expense (including defense costs
and legal fees), claims and/or causes of action for damages of any nature whatsoever,
including but not limited to injury or death to employees of the Contractor, its subcontractors or
City, attributable to any alleged act or omission of the Contractor or its subcontractors which
is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold
harmless includes all investigations and proceedings associated with purported violations of
Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer
work sites. The City may deduct from any payment otherwise due the Contractor any costs
incurred or anticipated to be incurred by the Agency, including legal fees and staff costs,
associated with any investigation or enforcement proceedings brought by Cal OSHA arising
out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with
City staff at Contractor's expense. The City shall require contract staff to utilize a
technological device, such as a smartphone, tablet, laptop or similar device at Contractor
expense, to assist with the City's Asset Management and Work Order System. Such
device will be utilized to perform basic data input and respond to work orders from the City.
Operation of the software system shall include, but is not limited
to, monitoring and responding to real-time work order service requests and taking before
and after photos of work performed.
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CITY OF SANTA ANA
XXI. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the
event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty
(30) working days to cure the alleged breach.
XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor's accounting
procedures and supporting documentation in conjunction with the performance of the
Scope of Services.
1. City will notify Contractor in writing of any such requested audit.
2. City will inspect and audit in a reasonable manner.
3. Contractor must fully cooperate with any such audit(s).
4. City will notify Contractor in writing of any exception taken as a result of an audit.
5. If an audit, in accordance with this article, discloses overcharges (of any nature) by
Contractor to City of the value of that portion of the Agreement that was audited,
the actual cost of City's audit shall be reimbursed to City by Contractor.
XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or
without cause after 30-days written notice thereof is delivered to the Contractor either
personally or by mail addressed as shown on the bid proposal.
If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative
days, the City may at its option terminate the balance of this contract by written notice of
termination to the Contractor. Notice of such termination shall take effect 15 days after
such notice is mailed.
XXIV. WORK DELAYS AND LIQUIDATED DAMAGES
1. Agree to liquidated damages as specified in the table when delays, etc. are within
the control of, or could have been anticipated by, Contractor.
2. Note that exceptions may be made by the Projects Manager when unforeseeable
circumstances arise and are clearly beyond the control of or could not have been
anticipated by Contractor that may cause delays or no work to be performed or
completed. The Projects Manager may grant an extension in time equivalent to the
exact number of working days that were caused by the unforeseen circumstance.
3. To ensure that Contractor performs all of the required work and by the time required
per bid specifications, City will assess liquidated damages (Liquidated Damages
Table) for work performance deficiencies.
4. City will notify Contractor in writing and/or email each time service requirements are
unsatisfactory and corrective action is necessary. Should Contractor fail to correct
City of Santa Ana RFP 25-116 Page 30 of 60
(9)CITY OF SANTA ANA
any deficiencies within three business days, the City may exercise the following
measures:
1. Deduct from Contract's payment amount the required to correct
deficiency or the Liquidated Damage amount.
2. Utilize City forces or alternate means to correct deficiency and deduct from
Contractor's invoice cost including City overhead.
5. City has the sole right to waive any liquidated damages without regards to any and
all precedents wherein City may have waived past violations.
6. After second recurring violation contractor must meet with the Projects Manager to
discuss deficiency issues and a subsequent correction notice will be issued.
TABLE: LIQUIDATED DAMAGES
VIOLATION
AMOUNT
1.
Failure to perform required/scheduled work by being late, not attending
$100.00 per Occurrence
to scheduled work or inability to provide requested number of workers
or equipment as scheduled or requested.
2.
Failure to meet, respond or answer to Emergency response
$100.00 per Occurrence
requirements.
3.
Failure to meet, respond or answer to Routine response requirements.
$100.00 per Occurrence
4.
Failure to meet Contract Performance Requirements of not
$200.00 per Occurrence
removing significant amount of weeds and debris generated by crews,
from work site same day per requirements, unless authorized by
Projects Manager.
5.
Blowing or sweeping debris onto non -work area, private property,
$200.00 per Occurrence
public streets, parking lots or into storm drains and not removing.
6.
Failure of Contract lead worker or Supervisor (or designated person)
$100.00 per Occurrence
to return phone calls to City within time frame.
7.
Failure to provide reports, schedules and other deliverables without
$100.00 per Occurrence
notice and agreement by Projects Manager.
8.
Safety violation and/or failure by Contractor to comply with the most
$100.00 per Occurrence
current Work Area Traffic Control Handbook (W.A.T.C.H.)
XXV. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have
identification signage on all vehicles at all times while working in an official capacity for the
City. Such signage shall be of a professional manner and maintained neat in appearance,
free of graffiti, easily identifiable and in sound condition. All costs associated with the
fabrication of such signage shall be borne by the contractor. Contact City Staff prior to
ordering.
Signage Type and Material Shall Be:
City of Santa Ana RFP 25-116 Page 31 of 60
(9)CITY OF SANTA ANA
Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not
allowed). Such Signage Shall State:
Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of Contractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
bV City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City of Santa Ana RFP 25-116 Page 32 of 60
CITY OF SANTA ANA
EXHIBIT II
SAMPLE AGREEMENT
CONSULTANT -AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20 by and between
, ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field
and that any services performed by Consultant 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:
SCOPE OF SERVICES
Consultant 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 agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $xxxxxx.
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. 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 one (1)-year and 10-month term,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
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 Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
City of Santa Ana RFP 25-116 Page 33 of 60
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CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
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 Consultant under this Agreement ("Documents & Data").
Consultant 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. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at
least as broad as :
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 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 aggregate.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile
liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can
be lower than $1,000,000.
3. Workers' Compensation: as required by the State of California, with statutory limits, and Employer's
Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily
injury or disease. This requirement can be waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,
and volunteers are to be covered as additional insureds with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under
the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor's insurance
coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,
employees, agents, or volunteers shall not contribute with it.
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CITY OF SANTA ANA
4. All required insurance policies: 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.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except
after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice
shall be provided to City for 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:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for
Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should be included in the
Description of Operations section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase
coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention.
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 A:VII, unless otherwise acceptable to City.
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) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins.
However, 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.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after
completion of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive
date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of
three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors.
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 special circumstances.
7. INDEMNIFICATION
Consultant 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
City of Santa Ana RFP 25-116 Page 35 of 60
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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 Consultant 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
Consultant 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 Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant 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 Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of
the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant 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 Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably
understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession
of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant 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.
12. NON-DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
City of Santa Ana RFP 25-116 Page 36 of 60
(9)
CITY OF SANTA ANA
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 Consultant 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, Consultant 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services
performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant 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 Consultant 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
Consultant 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. Consultant 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.
City of Santa Ana RFP 25-116 Page 37 of 60
(9)CITY OF SANTA ANA
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:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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.
The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
City of Santa Ana RFP 25-116 Page 38 of 60
(9)
CITY OF SANTA ANA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT:
SAMPLE ONLY
City of Santa Ana RFP 25-116 Page 39 of 60
(9)
CITY OF SANTA ANA
EXHIBIT III
LOCATIONS
1. 17th & Penn Way— On/Off Ramps
0 A., 1 , \ % r+
• � �� � i'•ICN�phano.alora' .
So ltiayo mAnditi'ash 67
B=i Ho'. ir:L 3ail-Bon[.z 6' '
1
7t $
s �
uYnu515Flul`S i ''
s F'�d� n Iwia l:h uwn '1
y: USG -llplan Group
..a��ti ,
t� i Vilka. n a o 6
6Rh5t � E,lbth R :� f-
ft
anidslid uac��las�m
Maintenance Area
City of Santa Ana RFP 25-116 Page 40 of 60
2. Buffalo & Main
(9)
Maintenance Area
CITY OF SANTA ANA
ravavv yc
scope sine
w�
)L- mAd j Ch Ck
40
City of Santa Ana RFP 25-116 Page 41 of 60
(9)
CITY OF SANTA ANA
3. Santiago Creek Underpass
Maintenance Area
City of Santa Ana RFP 25-116 Page 42 of 60
(9)
CITY OF SANTA ANA
4. Grand Avenue anJafF Ramps and Underpass
Maintenance Area
City of Santa Ana RFP 25-116 Page 43 of 60
r. yr Itlll A r,�a�.r'.{17 1fl0 '?
,J. r
U.
�' yl
E Fru l St E F:u:: iS
x
ri'
7111
s e:iN"Crtie
4 '; 014 ,L d Cone �irLSt
ri15, . #.b dr.- ' ��h •�~Jd qS,C` ' �' f -
-
- a a
a �,OF 610 _ _ f
f��i •tip • - . 1 , 4�e{. ,`.
d - E!h'Se
S1'1 _ 522 7 f 36
`.ik
(9)
CITY OF SANTA ANA
6. South Side of Freeway Between Logan Street and Lincoln Avenue
A�m
r Id. 06
LAW.
Maintenance Area
I
City of Santa Ana
RFP 25-116
Page 45 of 60
(9)
7 Wl' Street North Bound Off Ram
Maintenance Area
CITY OF SANTA ANA
City of Santa Ana RFP 25-116 Page 46 of 60
(9)
CITY OF SANTA ANA
S. Bristol and Hemerian OniOff Rama and Underpasses
I Maintenance Area
City of Santa Ana RFP 25-116 Page 47 of 60
(9)
I
CITY OF SANTA ANA
9, Dyer East and West On/Off Ramps and Underpass
Maintenance Area
— W 40
Ell
City of Santa Ana
RFP 25-116
Page 48 of 60
RE ar rt ur v Mae
OFTK" qw dm
Yardi!S7,sff—rf
W
7*W-
wool
Pr
m
—t d
�21
Pro Photo CoMn e-c t i C) r 11
Kv
I'v
Electric
Madison Law,
ire
Agargt�o r up
Brady,Bros OWI
Td�,„ . , _'
(9)
CITY OF SANTA ANA
11. 4th Street — South Bound On/Off Ramps
Maintenance Area
0 6
r cfr rT�
Ti.
City of Santa Ana RFP 25-116 Page 50 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
LITTER, DEBRIS AND ENCAMPMENT REMOVAL SERVICES
ITEM
ITEM DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
I1.
Maintenance Crew —Laborer
1
Hour
$
TOTAL BASE AMOUNT (ITEM 1)
NOTE: AWARD WILL BE BASED ON THE TOTAL BASE AMOUNT
$
ADDITIONAL AS -NEEDED: DEBRIS AND DISPOSAL SERVICES
2.
Debris and Disposal Charges
N/A
PER TON
$
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.
LEGAL NAME OF COMPANY
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT
PHONE AND FAX NUMBERS
TITLE
City of Santa Ana RFP 25-116 Page 51 of 60
(9)
CITY OF SANTA ANA
SIGNATURE OF AUTHORIZED AGENT DATE
E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
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 25-116 Page 52 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name: Contact Individual:
Address: Phone Number:
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name:
Address:
Contact Individual:
Phone Number: .
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
REFERENCE
Customer Name:
Address:
Contact Individual:
Phone Number: .
EMAIL:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
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 25-116 Page 53 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or
deposited with the United States Postal Service properly addressed to the Proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or Proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or Proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Fi
Signed and Printed Name:
Title
Date
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 25-116 Page 54 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT D
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the Proposer or any Proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other Proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the Proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of , County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
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 25-116 Page 55 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT E
NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
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 25-116 Page 56 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
City of Santa Ana RFP 25-116 Page 57 of 60
(9)
CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
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 25-116 Page 58 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth
below the name and location of each subcontractor who will perform work or labor or render service to the bidder
in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of
work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section
4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform
the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder
must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those
subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an
amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of
work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further
space is required for the list of proposed subcontractors, additional sheets showing the required information, as
indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned
related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion
of work according to detailed drawings contained in the plans and specifications in the amount greater than one
half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount
Contractor's License Number
DIR Registration No.
Subcontractor Name:
Location:
Portion of Work/Trade:
Bid Amount:
Contractor's License No:
DIR Registration No:
❑ Contractor will not be subcontracting any portion of work.
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 25-116 Page 59 of 60
(9)
CITY OF SANTA ANA
ATTACHMENT H
CARB FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and
regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9,
effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option
checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported
Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject
vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the
Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling
methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure
renewable diesel (i.e. third -party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this
Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the
exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,
pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached
hereto.
Bidder's Company Name (please print or type)
Signature of Bidder
Print Name
Title
DOORS ID
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 25-116 Page 60 of 60
AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC.
FOR LITTER, DEBRIS, AND ENCAMPMENT REMOVAL SERVICES
THIS AGREEMENT is made and entered into on this 4th day of November, 2025 by and between
Landscape West Management 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. The City issued a Request for Proposal No. 25-116 ("RFP"), by which the City sought a
contractor having skill and knowledge in the field of litter, debris, and encampment
removal services related to the encampment delegated maintenance agreement with the
California Department of Transportation (Agreement #A-2025-141). The RFP is
referenced herein as if incorporated in full.
B. Contractor submitted a responsive proposal that was selected by the City. Contractor
represents that it is able and willing to provide such services to the City as described in the
scope of work that was included in the RFP.
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 firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Compensation - Exhibit B. The total amount
to be expended during the term of this Agreement shall not exceed $400,000.
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
Page 1 of 8
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 through June 30, 2027,
unless terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
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
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the 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.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
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.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
Page 3 of 8
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault 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.
12. 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
of all relevant circumstances. Failure to comply with the provisions of this paragraph
will be a material breach of this Agreement.
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.
13. 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.
14. 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.
15. 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.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
Page 5 of 8
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. 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
Page 6 of 8
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Landscape West Management Services, Inc.
Attn: Michael Garibay, President
1234 N. Blue Gum St.
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.
21. 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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
j
By:� f U
Kyle,.Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Digitally signed by Rod .. Rw
DN;Ho Ro,Rodolfo Rosas ema'iI,MS"oaorg,pus
Date. 2025.1020142927-07'00'
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONTRACTOR:
Michael Garibay
President
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
(9)
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Contractor/Consultant shall perform services as set forth below.
TYPES OF SERVICES
1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be
limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the
City of Santa Ana:
Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials,
b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or
machinery, tires, televisions and other electronic devices,
c) Concrete, asphalt, bricks or other construction debris,
d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,
2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.
3. The Contractor shall dispose of all trash and other debris from the operation as work
progresses. The City shall not be responsible for the disposal. Contractor shall pay all
disposal fees and provide documentation evidence of recycling to include location,
tonnage, etc. on a monthly basis to the City.
4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and
garbage shall be removed from the property and disposed at a City authorized disposal
site. A list of disposal sites, including the name of facilities and addresses, to be used
by Contractor shall be provided to City upon award of contract.
5. All sidewalks, parkways, and gutters in front of or adjacent to lots with
abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish,
and noxious growth.
6. Erosion control wattles (devices made of straw or wood) installed around the
perimeter of fenced properties, shall be removed to allowfor proper cleaning
along the interior and exterior of the fence line. Once cleaning is completed,
Contractor shall replace wattles along the interior perimeter of the lot or as
directed to by Projects Manager.
7. Sufficient inspection will be provided but not such as will substitute for supervision
of the work by the Contractor or his foreman.
8. At the completion of the work, the site shall be left in a clean condition by
utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or
other similar site conditions.
9. Daily work must be documented using an electronic device (mobile phone, tablet or
similar) and uploaded to City's work order system (MySantaAna App or Similar)
City of Santa Ana RFP 25-116 Page 20 of 60
(9)CITY OF SANTA ANA
10. Daily work/routes and schedules will be assigned by City Staff.
11. Contractor shall furnish all labor, equipment tools, and materials and supplies including
Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves,
coverall suits, trash bags and the skills and training required to perform all services listed
above.
12. Contractor shall furnish all Signs used for handling traffic control during the course of
this contracts and shall be in accordance with the "Work Area Traffic Control Handbook"
(WATCH), published by Building News, Inc., and made a part of these special
provisions. The method in which signs, barriers, and warning devices are used during
the work shall be in accordance with the publication mentioned. A copy of said
publication is on file in the Public Works Agency.
2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP
1. Contractor shall remove abandoned transient/homeless encampments that may
include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic
needles, and items listed above.
2. Contractor shall remove unwanted natural or environmental materials including,
but not limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime
and similar.
3. Contractor may be assigned to work alongside Local Law Enforcement (Santa
Ana Police Department and California Highway Patrol).
4. Contractor shall be required to report transient occupied Homeless
Encampments on City and Caltrans properties to Project Manager.
3. AS -NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING — CREW LABORER
1. Additional as -needed crew laborer services may be requested by the City
and will be compensated at the regular hourly rate as per appropriate bid line
item pricing.
2. City will issue a work order request for such work to be performed.
3. These services include, but are not limited to the services listed in Section I.
WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated
Person) and shall be on an As -Needed or on a Set Schedule basis, subject to budget
appropriation availability and changes bythe Projects Manager. Work hours and staffing may
be increased or decreased based on funding availability. The Projects Manager will work with
the Contractor to prepare the most effective and productive schedules and work
assignments.
Crew Unit Size(s) will vary based on task and assignment and as determined between Projects
Manager and Contractor. Work assignments may vary and may consist of performing weed
City of Santa Ana RFP 25-116 Page 21 of 60
(9)CITY OF SANTA ANA
abatement or debris/rubbish clean-up or transient and homeless encampment removal or
a combination of daily.
CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.
Contractor must have the ability to provide the necessary workers based on the amount
AS -NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall
perform the assigned tasks with the following:
1. Three (3) Laborers
Laborer: Performs the necessary tasks to complete the required services.
a) At minimum, one laborer must be English-speaking who is fully trained
and knowledgeable in all aspects of these requirements.
b) Equipped with a working, fully charged, capable of taking and sending
photos and emails, cellular phone, to enable immediate contact with the
City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to
solve daily problems.
2. Perform the work assigned by City staff on an AS -NEEDED and SET SCHEDULED basis.
3. Provide the necessary labor, materials and equipment to remove litter and
debris from all under/over passes, on/off ramps, sidewalk areas, planters,
and embankments.
4. Contractor shall provide an Administrative Customer Service Representative
knowledgeable of the Contract requirements, to efficiently answer all City
questions/inquiries. The Customer Service Representatives shall be available during
Regular Business Hours to assist City with administrative matters and if necessary,
placement of work orders, follow-ups, and any other areas requiring assistance. Contractor
must provide a Customer Service point of contact for after-hours and urgent requests.
IV. GENERAL
1. Furnish all labor, equipment, materials and supplies (including trash bags and any
other supplies necessary), tools, services and special skills required to perform all
services listed above on Caltrans over/under passes, on/off ramps, City streets, and
various locations and other related services as set forth in the Scope of Services and
in keeping with the highest standards of quality and performance.
2. Cooperate fully with all authorities regarding any investigations of the preceding
activities. Submit a completed report to Projects Manager by the next business day
following work completed under this contract.
3. Delivering and Staging of Equipment and Materials
City of Santa Ana RFP 25-116 Page 22 of 60
(9)
CITY OF SANTA ANA
1. Materials, supplies, and equipment needed for this project must be stored at
Contractor's premises and at Contractor's expense, unless otherwise agreed
upon by the Projects Manager.
2. Remove all materials, tools and equipment from City facilities and or Caltrans
property immediately after completion of work.
4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces
into the parking lots, onto private property, storm drains or public streets.
5. Notify the City Projects Manager immediately regarding scheduled work that may be
delayed or missed, provide reasons why the work schedule cannot be maintained
(beyond the Contractor's control), and submit a revised work schedule for review and
consideration.
V. CONTRACT PERFORMANCE REQUIREMENTS
1. Contractor shall document all location/stops each day with smartphone app provided by City. No
less than 4 sites per 8-hourwork day. Any deviations from this requirement must be
brought up to the City Projects Manager and agreed upon by City prior to any work
commencing.
2. Quality Assurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with
the type of work, materials, and techniques specified. Contractor shall perform all
work according to all current applicable codes, industry -standards, and to the highest
quality commensurate with required work
1. Ensure that all work is done only by experienced and professional personnel
arriving at the project site(s) as scheduled and all work is performed in a skillful
and workmanlike manner.
2. All services shall be subject to the inspection and approval of City either
by Projects Manager or designee prior to acceptance and approval for
payment.
3. Compliance with Laws:
1. It shall be the Contractor's responsibility to attain the appropriate
Contractor License Requirement if applicable.
2. Contractor shall perform all work performed in connection to this project in full
compliance with all applicable standards, laws, statutes, restrictions, ordinances,
requirements, rules and regulations of municipal, state, county and federal
agencies applicable to the services provided.
VI. REMOVAL AND DISPOSAL OF DEBRIS
1. Contractor shall remove and dispose of all litter, and debris generated during the
performance of this contract from the work areas the same day it is generated.
2. Disposal locations will be privately owned or debris transfer stations.
City of Santa Ana RFP 25-116 Page 23 of 60
(9)CITY OF SANTA ANA
Note: ONLY when authorized by the City, the use of the City Municipal Corporate
Yard location will be allowed for the disposal of litter and debris generated under this
agreement and will be at no charge to the City.
3. Amount of debris/rubbish must be documented and required as part of each work
order in order to include the total amount of debris/rubbish collected on monthly
invoicing."
4. All debris, excess material, and parts, including those materials that could inflict injury
(e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses
and removed at the completion of the job and/or at the end of each work day.
VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools,
services, and special skills required to perform debris/rubbish and weed abatement removal
services and other related services as set forth in these specifications and in keeping with
the highest standards of quality and performance. Contractor shall ensure that all
equipment, materials, supplies, and consumables meet or exceed all applicable
manufacturer's published specifications and industry standards corresponding to required
work as specified herein.
The Contractor shall perform all work necessary to complete the provisions of this contract
in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials,
supplies, supervision and labor necessary to complete the work. It is mandatory that the
equipment and tools identified below be readily available.
1.
Stake bed — Minimum ten (10) cubic yard stake beds or dump truck with ability
to be loaded by loader and back hoe.
"Required daily. contractor will be responsible to provide
appropriate number of stake bed trucks based on crew size, location
andjob assignment.
2.
Lawnmowers — available if needed
3.
Weed eaters
4.
Blowers
5.
Hedge trimmers
6.
Chain saws
7.
Edgers
8.
Shovels
9.
Scoop shovels
10.
Rakes
11.
Loppers
12.
Tree pole saws — available if needed
13.
Hedge shears
14.
Long handled hoes
15.
Pitch forks
16.
Traffic cones or delineators
17.
Wheelbarrows
18.
Push brooms
19.
Pressure Washer - available if needed
City of Santa Ana RFP 25-116 Page 24 of 60
(9)
CITY OF SANTA ANA
vIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS
1. Weekly Report:
1. Due Monday of every week, including a Daily Attendance Sign -In Sheet with
signatures of each laborer with the hours worked and start and end times and
specifies the work performed; date performed; and labor, materials and supplies
used, and amount of trash and debris collected (measurement method to be
agreed upon).
2. Contents: Ensure that the report contains all the required and approved content,
which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe
3. Ensure that all reports are submitted prior to submission of the monthly invoice,
otherwise payment will be withheld, unless a change is agreed upon by the City.
4. Monthly payment will not be made until reports are received by City.
2. Production Reports
1. Shall be emailed to City each month by the seventh day.
2. These reports will include the amount of trash and debris removed and
disposed and disposal sites utilized.
3. Documentation —As Requested by the City
1. Digital Photo Sampler Report
a) Take before -and -after photos of items, areas, or incidents that Contractor
responds to as specified by City.
b) Maintain these photos electronically and make them available for
inspection by City at any time.
C) Identify photos by location, description, etc. before or after, date and time of
photo taken with timestamp.
IX. CONTRACTOR EMPLOYEES AND UNIFORMS
1. Contractor Laborer Employees
City of Santa Ana RFP 25-116 Page 25 of 60
(9)CITY OF SANTA ANA
1. Ensure that all Contractor employees performing work in conjunction with this
service are always courteous, professional, competent, and do not cause any
undue disturbances.
2. Contractor staff shall be responsive only to the requests of the Projects Manager
or designee. Contractor staff shall direct all inquiries to Projects Manager or
designee.
3. Remove any employee who is determined by City to be incompetent, working
inefficiently, disorderly, intemperate, or otherwise objectionable immediately
removed from work under this agreement and replace with a satisfactory
replacement.
4. Contractor staff and representative shall maintain the highest level of professional
standards in uniforms, politeness, and interaction with the public and City
personnel. Contractor staff must present a neat, well-groomed appearance at all
times.
5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.
6. Workers must have basic knowledge, experience, skills, and abilities in general
labor, custodial maintenance, landscaping maintenance, cleaning, trash handling,
landscape care, and street safety procedures to perform the scope of work
requirements in accordance with the bid specifications at all times. Workers who
do not demonstrate these capabilities shall be replaced at the request of the City.
2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor
employees under this contract at Contractor expense.
b. Uniforms must bear Contractor's company name or other acceptable
designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or
permanent stains present and worn as a complete unit and be fitted
properly
d. Must wear appropriate safety vest or safety color shirt at all times while
working for the City.
X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the
property as is necessary to show all, debris/rubbish and/or garbage to be removed or to
be abated. The Manager may also take photographs prior to work commencing.
The Projects Manager will keep an accurate record of all properties cleaned by the
Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the
decision of the Projects Manager will be final.
City of Santa Ana RFP 25-116 Page 26 of 60
(9)CITY OF SANTA ANA
Contractor shall prepare a monthly written invoice for amount of hour's worked, a listing of
each location cleaned by Work Order Number and total amount debris/rubbish disposed
of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed
necessary by the Projects Manager.
Contractor shall email all invoices to: MSlnvoices(cbsanta-ana.org
XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Contractor shall be responsible for the protection of public and private property adjacent to
the work and shall repair or replace all existing improvements, which are damaged or
removed as a result of his operations if said existing improvements are not designated for
removal.
XII. WORK HOURS
Contractor's regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m.,
Monday through Friday. The schedule shall be provided by the Projects Manager.
Deviation from these hours/days shall not be permitted without the prior consent or direction
of the Projects Manager except for emergencies involving immediate hazard to persons or
property and per the Santa Ana Municipal Code.
Occasionally, Contractor will be assigned work that will deviate from the established work
hours and will require Contractor to be available and work alternative hours during early
morning hours, late night, overnight, and weekends. Projects Manager will work with
Contractor to provide as much lead time as possible.
XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their
representatives, shall be filed with the City prior to beginning work.
XIV. RESPONSE TIMES
1. Routine
1. Routine: 48-hour response or sooner to site from time of contact for anything
that needs attention prior to the next maintenance cycle, but has no immediate
cost or threat of loss.
2. Contractor shall respond to City Staff within one (1) hour of notification during
normal work hours.
XV. WORK BY CITY FORCES DUE TO CONTRACTOR
NONCONFORMANCE
Should the Contractorfail to correct deficiencies of public nuisances that have been created
because of his operations, then these will be considered to be of an emergency nature and
City of Santa Ana RFP 25-116 Page 27 of 60
(9)CITY OF SANTA ANA
cause for the City to move in on the work site to make corrective work. Such work will be done
on a force account basis with an additional callout charge of $75 for each callout. It should
also be noted that there is a minimum two-hour charge for labor on any callout.
xvi. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
maximum safety to the public and staff where applicable, comply with all safety standards
related to personal protective equipment (PPE) required by CAL -OSHA or other applicable
Local, State and Federal safety regulatory agencies.
xvll. ENVIRONMENTAL CONDITIONS
1. Comply with all applicable local, state, federal regulations and requirements.
2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non -hazardous materials only.
4. Remove from the work site and properly dispose of all spent materials, hazardous
materials, debris, and the like on a daily basis. Do NOT accumulate waste materials
unless the Projects Manager otherwise allows.
5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to
street, drainage facilities, or adjoining property by wind or runoff.
xvin. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the
"Work Area Traffic Control Handbook" (WATCH, City Standard Plan 1125F (SP1125F), the
Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California
Supplement and these Special Provisions.
1. The Contractor shall maintain at least one open traffic lane in each direction at all time on
all streets. Flagmen shall be required when directed by the City.
2. During non -working hours, all lanes shall be opened to traffic.
3. Flashing arrow boards shall be required on arterial streets. Deviation from this
requirement will be subject to approval from the Traffic Engineer.
4. Traffic control plans must be submitted and approved before starting work on any
public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6-lane arterials may be done per
WATCH without submitting a traffic control plan. However, this will require approval
from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting
traffic control plans. However, this will require approval from the Traffic Engineer.
xlx. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
City of Santa Ana RFP 25-116 Page 28 of 60
(9)
CITY OF SANTA ANA
The Contractor shall be solely responsible for ensuring that all work performed under the
contract is performed in strict compliance with all applicable Federal, State and local
occupational safety regulations. The Consultant/Contractor shall provide at its expense all
safeguards, safety devices and protective equipment, and shall take any and all actions
appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the
work practices necessary to safely perform his or her job.
b. The Contractor shall identify all known potential hazards related to the work
performed and train all employees and subcontractor personnel on how to handle
the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules
and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual
hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste
generated in performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend,
indemnify and hold harmless the City, its officers, employees and agents from and against
any and all investigations, complaints, citations, liability, expense (including defense costs
and legal fees), claims and/or causes of action for damages of any nature whatsoever,
including but not limited to injury or death to employees of the Contractor, its subcontractors or
City, attributable to any alleged act or omission of the Contractor or its subcontractors which
is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold
harmless includes all investigations and proceedings associated with purported violations of
Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer
work sites. The City may deduct from any payment otherwise due the Contractor any costs
incurred or anticipated to be incurred by the Agency, including legal fees and staff costs,
associated with any investigation or enforcement proceedings brought by Cal OSHA arising
out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with
City staff at Contractor's expense. The City shall require contract staff to utilize a
technological device, such as a smartphone, tablet, laptop or similar device at Contractor
expense, to assist with the City's Asset Management and Work Order System. Such
device will be utilized to perform basic data input and respond to work orders from the City.
Operation of the software system shall include, but is not limited
to, monitoring and responding to real-time work order service requests and taking before
and after photos of work performed.
City of Santa Ana RFP 25-116 Page 29 of 60
(9)
CITY OF SANTA ANA
XXI. NON -PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the
event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty
(30) working days to cure the alleged breach.
XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor's accounting
procedures and supporting documentation in conjunction with the performance of the
Scope of Services.
1. City will notify Contractor in writing of any such requested audit.
2. City will inspect and audit in a reasonable manner.
3. Contractor must fully cooperate with any such audit(s).
4. City will notify Contractor in writing of any exception taken as a result of an audit.
5. If an audit, in accordance with this article, discloses overcharges (of any nature) by
Contractor to City of the value of that portion of the Agreement that was audited,
the actual cost of City's audit shall be reimbursed to City by Contractor.
XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or
without cause after 30-days written notice thereof is delivered to the Contractor either
personally or by mail addressed as shown on the bid proposal.
If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative
days, the City may at its option terminate the balance of this contract by written notice of
termination to the Contractor. Notice of such termination shall take effect 15 days after
such notice is mailed.
XXIV. WORK DELAYS AND LIQUIDATED DAMAGES
1. Agree to liquidated damages as specified in the table when delays, etc. are within
the control of, or could have been anticipated by, Contractor.
2. Note that exceptions may be made by the Projects Manager when unforeseeable
circumstances arise and are clearly beyond the control of or could not have been
anticipated by Contractor that may cause delays or no work to be performed or
completed. The Projects Manager may grant an extension in time equivalent to the
exact number of working days that were caused by the unforeseen circumstance.
3. To ensure that Contractor performs all of the required work and by the time required
per bid specifications, City will assess liquidated damages (Liquidated Damages
Table) for work performance deficiencies.
4. City will notify Contractor in writing and/or email each time service requirements are
unsatisfactory and corrective action is necessary. Should Contractor fail to correct
City of Santa Ana RFP 25-116 Page 30 of 60
(9)CITY OF SANTA ANA
any deficiencies within three business days, the City may exercise the following
measures:
1. Deduct from Contract's payment amount the required to correct
deficiency or the Liquidated Damage amount.
2. Utilize City forces or alternate means to correct deficiency and deduct from
Contractor's invoice cost including City overhead.
5. City has the sole right to waive any liquidated damages without regards to any and
all precedents wherein City may have waived past violations.
6. After second recurring violation contractor must meet with the Projects Manager to
discuss deficiency issues and a subsequent correction notice will be issued.
TABLE: LIQUIDATED DAMAGES
VIOLATION
AMOUNT
1.
Failure to perform required/scheduled work by being late, not attending
$100.00 per Occurrence
to scheduled work or inability to provide requested number of workers
or equipment as scheduled or requested.
2.
Failure to meet, respond or answer to Emergency response
$100.00 per Occurrence
requirements.
3.
Failure to meet, respond or answer to Routine response requirements.
$100.00 per Occurrence
4.
Failure to meet Contract Performance Requirements of not
$200.00 per Occurrence
removing significant amount of weeds and debris generated by crews,
from work site same day per requirements, unless authorized by
Projects Manager.
5.
Blowing or sweeping debris onto non -work area, private property,
$200.00 per Occurrence
public streets, parking lots or into storm drains and not removing.
6.
Failure of Contract lead worker or Supervisor (or designated person)
$100.00 per Occurrence
to return phone calls to City within time frame.
7.
Failure to provide reports, schedules and other deliverables without
$100.00 per Occurrence
notice and agreement by Projects Manager.
8.
Safety violation and/or failure by Contractor to comply with the most
$100.00 per Occurrence
current Work Area Traffic Control Handbook (W.A.T.C.H.)
XXV. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have
identification signage on all vehicles at all times while working in an official capacity for the
City. Such signage shall be of a professional manner and maintained neat in appearance,
free of graffiti, easily identifiable and in sound condition. All costs associated with the
fabrication of such signage shall be borne by the contractor. Contact City Staff prior to
ordering.
Signage Type and Material Shall Be:
City of Santa Ana RFP 25-116 Page 31 of 60
(9)CITY OF SANTA ANA
Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not
allowed). Such Signage Shall State:
Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of Contractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
bV City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City of Santa Ana RFP 25-116 Page 32 of 60
EXHIBIT B
COMPENSATION
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ATTACHMENT A
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ITEM DESCRIPTION
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1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-47
EXHIBIT C
INSURANCE REQUIREMENTS
Insurance Requirements — Exhibit C
Contractor shall procure and maintain for the duration of the agreement, the following insurance
coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and
shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
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 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1
(any auto), with combined single limits of $1,000,000. In the event Contractor does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance with existing limits, which can be lower than $1,000,000.
• Workers' Compensation (WC): as required by the State of California, with statutory
limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
accident, per employee, per policy for bodily injury or disease. This requirement can be
waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above,
City requires and shall be entitled to the broader coverage and/or the higher limits maintained by
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials,
employees, agents, and volunteers are to be covered as additional insureds with respect to
liability arising out of work or operations performed by or on behalf of the Contractor
including materials, parts, equipment, and personnel furnished in connection with such
work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of
subrogation against City, its City Council, its officers, officials, employees, agents, and
volunteers for losses paid under the terms of any policy which arise from work performed
by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor's
insurance coverage shall be primary and any insurance maintained by City, its City
Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: 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.
Insurance Requirements — Exhibit C
5. Each insurance policy required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for 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: Public Works Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The
name and location of event should be included in the Description of Operations section of
each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. City may require Contractor
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
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 A:VII, unless otherwise acceptable to City.
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) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to Entity before work begins. However, 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.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The retroactive date must be shown and must be before the date of the contract or the
beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three
(3) years after completion of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy
form with a retroactive date prior to the contract effective date, Contractor must purchase
"extended reporting" coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub -contractors maintain insurance meeting
all the requirements stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from sub -contractors.
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 special circumstances.